RFP 2026-P14 Elevator Maintenance and Repair Services Page 1 of 47

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

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

Solicitation No.:

RFP 2026-P14 Elevator Maintenance and Repair Services Date Issued: March 26, 2026

SOLICITATION

Vendors must submit proposals 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:

10:30 a.m. local time April 20, 2026

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

For information please email:

purchasing.bids@hayscountytx.gov

Questions concerning this RFP must be received in writing no later than 5:00 p.m. April 8, 2026.

Phone No.: (512) 393-2267

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

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Table of Contents

Solicitation, Offer and Award

I. Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Scope of Work

C. Qualifications

D. Proposal Requirements

E. Cost Proposal (Attachment A)

F. Evaluation Criteria

G. Submittal Requirements

H. Award of Contract

I. 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

IX. HUB Practices

X. House Bill 89 Verification

XI. Comptroller Divestment Statute Certification

XII. Debarment and Licensing Certification

XIII. Vendor/Bidder’s Affirmation

XIV. Federal Affirmation and Solicitation Acceptance

XV. Related Party Disclosure Form

Attachment A: RFP 2026-P14 Cost Proposal

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I. Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal/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. Proposal

____ 3. Attachment A: RFP 2026-P14 Cost Proposal

____ 4. Vendor Reference Form

____ 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. Comptroller Divestment Statute Certification:

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

• Israel Boycott Certification (TGC 2271.002)

• Prohibition of Energy Company Boycott Certification (TGC 2274)

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

____ 5. Debarment & Licensing Certification

____ 6. Vendor/Bidder’s Affirmation

____ 7. Federal Affirmations and Solicitation Acceptance

____ 8. 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/

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II. Summary

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

2. Solicitation Number: RFP 2026-P14

Elevator Maintenance and Repair Services

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trial, 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:

April 20, 2026; 10:30 a.m. Central Time (CT)

6. Initial Contract Term: One year from contract execution date

7. Optional Contract Terms: Four (4), one (1) year renewal options

8. Designated Contact: Hays County Purchasing Email: purchasing.bids@hayscountytx.gov

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than April 8, 2026;

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 solicitation, 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.

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10. Addenda Any interpretations, corrections or changes to this solicitation 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.

11. 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.

12. 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

March 26, 2026 Issuance of RFP April 8, 2026 Deadline for Submission of Questions (5:00 PM CT) April 20, 2026 Deadline for Submission of Proposals (10:30 AM CT)

Late proposals will not be accepted.

May 2026 Anticipated contract award date https://www.sanmarcostx.gov/Bids.aspx

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III. Specifications A. Introduction

Hays County (“County”) is soliciting for a vendor to perform elevator maintenance and repair services for all Hays County elevators throughout Hays County. The objective of this agreement is to seek proposals for preventative maintenance services, routine repairs, emergency services and on-call services for all Hays County elevators.

Locations

B. Scope of Work The Contractor shall furnish all material, labor, supervision, tools, supplies, and other expenses necessary to provide full and complete preventative maintenance services and repairs for all Hays County elevators described herein and their respective equipment components in accordance with the original manufacturer’s design specifications, operational efficiencies, and capacities. An inspection system covering all services listed herein. This system will specify the areas to be inspected.

a. The Contractor shall provide a preventative maintenance program to deliver service tailored to the buildings’ specific needs. Equipment type, component life, equipment usage, and building environment will be taken into account when planning routine short- and long-term maintenance schedules and records for each elevator. Industry Standard work processes will be used.

b. The Contractor shall keep the elevators maintained and operating at the original speed, keeping the original performance time, including acceleration and retardation as designed and installed by the manufacturer.

c. The Contractor shall not be responsible for upgrading equipment to meet changes in code or requirements as may be recommended or directed by insurance companies, federal, state, municipal, or other governmental authorities.

d. The Contractor shall notify the County in advance of any suggested and/or required upgrades and shall provide a written estimate of cost.

e. The Contractor shall perform monthly PMs on all Hays County elevators.

Make Model Traction or Hydraulic Site Address State ID

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #1 – 79805

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #2 – 79806

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #3 – 79807

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #4 – 79808

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #5 – 79809

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #6 – 79810

Kone Solid State/KCM831 Traction/Electric Govt. Center 712 S. Stagecoach Trl. #7 – 79811

Dover Solid State/DMC-1 Hydraulic Historic Courthouse 111 E. San Antonio St. #1 – E035169

Otis Elevator Co. 655153 Hydraulic Public Safety

Building 810 S. Stagecoach Trl.

Otis Elevator Co. 655152 Hydraulic Public Safety

Building 810 S. Stagecoach Trl

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f. The Contractor shall make all repairs necessary due to normal wear and tear. The Contractor shall notify the County in advance of such needed repairs and shall provide a written estimated cost.

1. Personnel Qualifications and Expectations

a. The Contractor will use trained, licensed personnel directly employed and supervised by the

Contractor. Sub-contracting work is not allowed under this agreement. Employees will be qualified to keep the equipment properly adjusted, and they will use all reasonable care to maintain the elevator equipment in proper and safe operating condition.

b. The Contractor shall have and maintain backup technicians who are qualified in all respects of equipment repair and services requirements to assume the responsibilities for the maintenance of the included elevator systems.

c. During the performance of maintenance or repair services, all employees of the Contractor shall display a Company issued picture ID badge.

d. The Contractor agrees to furnish the Facility Maintenance Manager a copy of each work order and that work order shall be annotated with the name of the person(s) authorizing/requesting to the work, the scope of work, and the nature of the original complaint and/or problem with the recommended corrective actions to be taken by the Contractor.

2. Working Hours and Response Time:

a. All routine work shall be performed during regular working hours and days. Regular working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excluded. The Contractor shall respond to requests for service within two (2) hours of notification.

b. Any condition that impedes the normal flow of traffic or can potentially negatively impact the health, safety and welfare of the public or County employees will be considered an emergency.

Calls for emergency services must be responded to in person within two (2) hours. Service will be required twenty-four (24) hours a day, seven (7) days a week, including holidays. When a person is stuck in an elevator, response time shall be no longer than forty-five (45) minutes.

c. The Contractor shall provide the County with a telephone number for contacting the contractor’s office during normal and non-duty hours and during non-duty and holidays, twenty-four (24) hours per day, seven (7) days per week.

3. Traction Elevators:

The Contractor will regularly and systematically examine, adjust, lubricate as required, and if conditions warrant, repair or replace:

a. Machine, worm, gear, thrust bearings, drive sheaves, drive sheave shafts bearings, brake pulley and brake coil, contact, linings and component parts.

b. Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings.

c. Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers and all control components.

d. Controller, selector and dispatching equipment, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots, timing devices, computer and micro-computer devices, steel selector cable or tape and mechanical and electrical driving equipment.

e. Governor, governor sheave and shaft assembly, bearings, contacts and governor jaws.

f. Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assemble, compensating sheave assembly, counterweight and counterweight guide shoes including rollers or gibs.

g. Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices.

h. Automatic power operated door operator, car door hanger, car door contact, door protective device, load weighing equipment, car frame, car sling, car safety mechanism, platform, wood platform flooring, elevator car guide shoes, gibs or roller.

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The Contractor will also:

a. Examine monthly all safety devices and governors and conduct annual no-load tests, and each fifth year perform a full-load, full-speed test of safety mechanism, overhead speed governors, car and counterweight buffers. The car balance will be checked, and the governor set. If required, the governor will be calibrated and sealed for proper tripping speed.

b. Load weighing devices will be calibrated after annual and five-year safety tests.

c. Renew all wire ropes as often as is necessary to maintain as adequate factor of safety; equalize the tension on all hoist and compensation ropes and shorten ropes and chains as required to provide legal and reasonable bottom clearances.

d. Repair or replace conductor cables and hoistway and machine room elevator wiring as required.

e. Furnish lubricants and hydraulic fluid compounded to the manufacturer’s rigid specifications.

Contractor will furnish the Hays County Facility Maintenance Manager with copies of the M.S.D.S. for all materials stored and used on-site.

The Contractor shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment with the County’s prior approval:

a. Emergency lighting, batteries, trickle charger and related wiring and components.

b. Wiring, components, and other devices associated with the systems and devices directly related to elevator communication.

c. Fire Emergency Operation and elevator operating devices (only those systems and devices directly related to the elevator system).

d. Emergency power operation and elevator operating devices (only those systems and devices directly related to the elevator system).

e. All handicapped devices that are part of the elevator system.

f. All elevator related earthquake devices.

4. Hydraulic Elevators:

a. Pumps, pump motors, operating valves, valve motors, motor windings, leveling valves, plunger, plunger packing, exposed piping and hydraulic fluid tanks.

b. Controller, leveling devices and cams, all relays, magnet frames, solid state components, resistors, condensers, transformers, contacts, leads, timing devices, resistance for operating and motor circuits, operating circuit rectifiers.

c. Hoistway door interlocks, hoistway door hangers, bottom door guides, auxiliary door closing devices and hoistway switches.

d. Automatic power operated door operator, car door hanger, car door contract, door protective device, car frame, car ventilation system platform, wood platform flooring in the elevator car, car guide rails, car guide shoes, gibs or roller.

e. Filters, mufflers and muffler components.

The Contractor will also:

a. Examine monthly, all safety devices and conduct pressure tests and other tests required by ANSI

A17.1 or other applicable codes.

b. Repair or replace conductor cables, elevator hoistway wiring and machine room elevator wiring.

c. Furnish lubricants and hydraulic fluid compounded to the manufacturer’s rigid specifications.

Contractor will furnish the Hays County Facility Maintenance Manager with copies of the M.S.D.S. for all materials stored and used on-site.

d. In accordance with the manufacturer’s specifications, conduct an analysis hydraulic fluid to detect contaminants and assure proper viscosity and make necessary corrections and replace fluid as required. A copy of the findings shall be furnished to Hays County within thirty (30) calendar days of the analysis.

e. Clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors.

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The Contractor shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment with the County’s prior approval:

a. Emergency lighting, batteries, trickle charger and related wiring and components.

b. Wiring, components, and other devices associated with the systems and devices directly related to elevator communication.

c. Fire Emergency Operation and elevator operating devices (only those systems and devices directly related to the elevator system).

d. Emergency power operation and elevator operating devices (only those systems and devices directly related to the elevator system).

e. All handicapped devices that are part of the elevator system.

f. All elevator related earthquake devices

5. Tests and Reports:

a. Yearly inspection and report: Contractor shall conduct annually a non-load, low speed test of elevator cars and counterweight safeties, a test of buffers and safety device tests and a hydraulic elevator pressure relief valve test as require by code. Every fifth year, Contractor shall conduct a rated load, rated speed safety test and a test of governors’ safeties and buffers. The result of each test shall be delivered to the County in writing within fourteen (14) days of date of test.

b. Annual performance evaluation and report: Contractor warrants that it shall conduct annual evaluations of equipment performance, including car speed, door operations, riding quality, car leveling, floor to floor time and system operation, including traffic handling response time and step indexing. The results of the evaluation and report shall be delivered to the County in writing within thirty (30) days of the test.

c. Contractor reports – Operation problems: Contractor shall immediately communicate verbally and in writing within two (2) days to the County the discovery, cause and correction of all potential operational problems of an unusual or potentially hazardous nature that the Contractor becomes aware of. A letter is to be sent to the Facility Maintenance Manager stating causes and corrective action.

d. The Contractor agrees to maintain complete accurate records of ALL maintenance services performed, repairs made, and replacement parts used and billed for during the period of this agreement. All equipment defects and deviations from normal operating characteristics and specifications shall be recorded on the preventive maintenance services.

6. Quality Control & Assurance Project Plan:

The proposing firm shall provide a narrative that addresses the Scope of Work, Specifications, and schedule requirements, and shows the proposing firms understanding of the project.

Proposer shall:

• Describe the approach to completing the tasks specified in the Scope of Work. Outline sequentially the activities that would be undertaken in completing the tasks at each of the job sites.

• Describe your approach to the project as it pertains to system design and integration.

• Submit a milestone schedule with said tasks and tentative completion dates.

C. Qualifications Hays County is seeking to contract with a competent provider of elevator maintenance and repair services who meets the following minimum requirements:

• Proven expertise and competence to deliver requested services.

• Resources to quickly respond to the County’s requests for assistance.

• At least five (5) years of experience delivering the services requested in this RFP.

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• Individuals and employees who have the necessary experience, training, education, and understanding to provide the required services.

• The Contractor and each technician shall hold valid licenses that are required through the Texas Department of Licensing and Regulation, and other required certification/licenses for elevator inspection, maintenance and repair services.

RESPONSIBILTY: 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

• 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.

D. Proposal Requirements

Proposals shall be prepared simply and economically, providing a straightforward, concise description of the respondents’ 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 twenty (20) pages, or 10 sheets front and back, in length but not including:

• Front and rear convers

• 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 (resumes, any required forms, see RFP Submittal Checklist, and addenda from Hays County)

Items that count towards the 20-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.

Experience of the Company and prior work performance on three (3) projects of similar size and scope that have been completed in the last five (5) years.

List of any criminal charges, civil lawsuits, or dispute resolutions to which the Company is a part in the past five (5) years and the nature of the issue. Indicating if and how it was resolved.

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

Identify who the project lead will be who will work with the County.

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. 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.

• Capacity to Perform (Methodology/Technical Approach)

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Describe the capacity to perform the Scope of Services.

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

Discuss your procedure for addressing last minute absenteeism.

Implementation Schedule Quality Control & Quality Assurance Project Plan o Describe your companies understanding of the schedule constraints and the ability to work within the required timelines, ensuring quality control and assurance are addressed.

• Cost Proposal Option A: with supplies Option B: without supplies

Sheet size is limited to 8½” x 11” sheets only, using 12-point font. The proposal must be submitted with a continuous binding (e.g. – spiral, GBC, etc.) along the left edge; no other binding will be accepted.

While the County does not desire tab dividers in the proposals, if included they would not count towards the 20-page limit.

E. Cost Proposal (Attachment A):

Fill out Attachment A and return it as your Cost Proposal. The cost proposal – Attachment A – should be included in your proposal and not as a separate document. The cost proposal shall include:

• Fixed monthly rate for Preventative Maintenance per location.

• Hourly Rate Schedule: A statement of hourly rates for all proposed staff classifications.

• Cost of Materials: The contractor shall provide a markup percent to be added to the cost of the required parts for service calls. The contractor will be required to submit supplier invoice to ensure the accurate percentage is being calculated.

• Other Potential Charges: clearly define and describe any additional or other charges offered.

Any proposal that does not include Attachment A will be deemed non-responsive.

F. Evaluation Criteria 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 following criteria: (Maximum Point Total 100)

Evaluation Criteria Maximum

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

Proposed Cost (will be assessed by Purchasing)

50 50 = Significantly Exceeds Requirements 40 = Exceeds Requirements 30 = Meets ALL Requirements 20 = Marginally Meets Requirements 10 = Does not meet Requirements

Capacity to Perform, Mythology/Approach to perform services

30 30 = Significantly Exceeds Requirements 24 = Exceeds Requirements 18 = Meets ALL Requirements 12 = Marginally Meets Requirements 6 = Does not meet Requirements

Relevant Project Experience & Experience of the Company

20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements

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8 = Marginally Meets Requirements 4 = Does not meet Requirements

Total Evaluation Points 100

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.

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 multiple contractors and to designate contractors in terms of primary service providers and standby service providers.

G. Submittal Requirements:

The Vendor must deliver their proposal to the Hays County Purchasing Department 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)

• One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office. Either the original or Electronic Proposal (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 PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity.

WITHDRAWING OF PROPOSAL: A proposal may be withdrawn at any time prior to the official opening.

After the official opening, proposals may not be amended, altered or withdrawn without the recommendation of the County Purchasing Agent and the approval of Commissioners Court.

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

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

H. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract for named project to an organization on the basis of “best value”. Best value will be determined based on cost, experience, qualifications, references, proposed methodology/technical proposal, and overall responsiveness, clarity, and organization of the solicitation response.

COMPANY AGREES, if this proposal 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 proposal will be one hundred twenty (120) calendar days.

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

ACCEPT OR REJECT: It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County. The prospective entities are fully responsible for all costs incurred in the preparation and/or presentation of the RFP submittals. All received RFP submittals will become the property of the County. The RFP does not commit the County to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFP. Proposals may be held for one hundred twenty (120) calendar days after opening without taking action.

COMMISSIONERS COURT APPROVAL REQUIRED: The Hays County Commissioners Court must approve the contractors selected to provide the services requested in this RFP. The County reserves the right to authorize contract negotiations to begin without further discussion with contractors submitting a response. Therefore, each proposal should be submitted as completely and accurately as possible. The County reserves the right to request additional data, oral discussions, or presentations in support of the written proposal. If the proposal is accepted and approved by Commissioners Court, this document shall be made part of the contract.

Respondent’s Obligation Regarding Evaluation

a. SUBMISSION OF INFORMATION. Submitters are cautioned that it is each contractor and or individual’s sole responsibility to submit information related to the evaluation categories, and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of a contractor or individual to submit such information may cause an adverse impact on the evaluation of the specific proposal.

b. SUBMITTER REVIEW OF RFP. Submitters are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFP and their responses.

Failure to do so will be at the contractor and/or individual’s risk and will not be a determinative factor when awarding the contract for services.

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ORAL NON-BINDING: Any non-written representations, explanations, or instructions given by County staff or County agents are not binding and do not form a part of, or alter in any way, the RFP, a written agreement pertinent to the RFP, or the awarding of the contract.

RESERVATIONS BY COUNTY: The Commissioners Court has the right to accept, reject, or cancel any and all submissions. In addition, the County expressly reserves the following:

1. waive any defect, irregularity, or informality in any submission or RFP procedure;

2. extend the RFP closing time and date;

3. reissue this RFP in a different form or context;

4. procure any item by other allowable means;

5. revise and modify, at any time before the RFP submittal due date, the factors and/or weights of factors the County will consider in evaluating RFP submittals and to otherwise revise or expand its evaluation methodology as set forth herein;

6. investigate the qualifications of any contractor under consideration and require confirmation of information furnished by a contractor;

7. require additional information from a contractor concerning contents of its RFP submittal and/or require additional evidence of qualifications;

8. waive minor deviations from specifications, conditions, terms, or provisions of the RFP, if it is determined that waiver of the minor deviations improves or enhances the County’s business interests under the RFP;

9. extend any contract when most advantageous to the County, as set forth in this RFP.

10. appoint an evaluation committee to review RFP submittals or responses, make recommendations and seek the assistance of outside technical experts in RFP submittal evaluation;

11. hold interviews and conduct discussions and correspondence with one or more of the contractors responding to this RFP to seek an improved understanding and evaluation of the responses to this RFP.

12. disclose information contained in an RFP submittal to the public as required under the Texas Public Information Act; AND/OR

13. exercise any other right reserved or afforded to Hays County under this RFP. The County reserves the right to modify the process, in its sole discretion, to address applicable law and/or the best interest of the County.

The County shall not, under any circumstances, be bound by or be liable for any obligations with respect to any construction project until such time (if at all) a contract has been awarded and all approvals obtained in form and substance satisfactory to the County have been executed and authorized by the County, and then only to the extent of such agreements.

I. 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. 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.

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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.

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IV. General Terms and Conditions for Solicitations Applicable To: Request for Proposals (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, Texas, a political subdivision of the State of Texas.

f. “County Building” means any County owned buildings and does not include buildings leased by County.

g. “Is doing business” and “has done business” mean:

i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

h. “Key Contracting Person” means any person or business listed in Exhibit A to Affidavit.

i. “Purchasing Agent” means the Hays County Purchasing Agent.

j. “Sub-contractor” means a person or firm doing business with a Contractor.

2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract.

However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

4. INVOICING/PAYMENTS:

a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification

Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor

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712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov’t Code Ann., ch.

2251.

5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6. PROMPT PAYMENT ACT: TEX. GOV’T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.

7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.

8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.

9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE:

a. Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective employees because of age, race, color, sex, creed, national origin or handicapped condition.

b. Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.

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12. CHANGES:

a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED

THAT AUTHORITY BY THE COMMISSIONERS COURT.

b. Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Agent. The Purchasing Agent shall present Contractor’s requests to Commissioners Court for consideration.

13. REPRESENTATIONS:

a. Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery of material, equipment and/or services as required by the proposal conditions.

b. The Contractor’s delivery time includes weekends and holidays.

c. Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes.

d. Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold.

e. The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance.

f. Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Agent. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor’s expense.

14. SUBCONTRACTS:

a. Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the prior written approval or the prior written waiver of this right of approval from County.