ESBD_File_344113_RFP 2024-P06 HVAC - Preventative Maintenance and Repair Services, Countywide.pdf

RFP 2024-P06 HVAC – Preventative Maintenance & Repair Services, Countywide Page 1 of 43

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

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

Solicitation No.:

RFP 2024-P06 HVAC – Preventative Maintenance & Repair

Services, Countywide Date Issued: December 7, 2023

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:

10:00 a.m. local time December 28, 2023.

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

For information please email:

purchasing@co.hays.tx.us

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

December 14, 2023.

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@co.hays.tx.us

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Table of Contents

Solicitation, Offer and Award

I. RFP Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Scope of Work

C. Proposed Fee Schedule

D. Qualifications

E. Proposal Requirements

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 Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Senate Bill 252 Certification

XII. Debarment and Licensing Certification

XIII. Vendor/Bidder’s Affirmation

XIV. Federal Affirmation and Solicitation Acceptance

XV. Related Party Disclosure Form

Attachment A: Hays County HVAC Proposed Fee Schedule Attachment B: Hays County HVAC Preventative Maintenance Pricing Sheet Attachment C: Hays County HVAC Preventative Maintenance Technical Exhibit: TE-4

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I. RFP 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 & Pricing Sheets (Attachment A & B)

____ 3. Vendor Reference Form

Required Forms by Hays County:

____ 1. Conflict of Interest Questionnaire completed and signed

____ 2. Code of Ethics signed

____ 3. HUB Practices signed

____ 4. House Bill 89 Verification signed and notarized

____ 5. Senate Bill 252 Certification

____ 6. Debarment & Licensing Certification signed and notarized

____ 7. Vendor/Bidder’s Affirmation completed and signed

____ 8. Federal Affirmations and Solicitation Acceptance

____ 9. Related Party Disclosure Form

____ 10. System for Award Management (www.SAM.gov) Entity Registration Page

____ 11. Any addenda applicable to this solicitation

Hays County will accept bids/proposals/SOQ, by the stated 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 2024-P06

HVAC – Preventative Maintenance & Repair Services, Countywide

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:

December 28, 2023; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: February 2024 – January 2024

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

8. Designated Contact: Hays County Purchasing Email: purchasing@co.hays.tx.us

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than December 14, 2023; 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 IFB, 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.

10. 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 mailto:purchasing@co.hays.tx.us

RFP 2024-P06 HVAC – Preventative Maintenance & Repair Services, Countywide Page 5 of 43 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.

Anticipated Schedule of Events December 7, 2023 Issuance of RFP December 14, 2023 Deadline for Submission of Questions (5:00 PM CT) December 28, 2023 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

February 2024 Anticipated contract award date

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III. Specifications A. Introduction

Hays County, Texas (“County”) is seeking a well-qualified firm(s) to provide comprehensive heating ventilation-air conditioning HVAC maintenance and repair services for all Hays County buildings throughout the County, except the Hays County Jail, Training Academy, and the Maintenance Shop.

The work will include the provision of a total preventative maintenance program including, but not limited to the inspection, preventative maintenance, repair, programming and other tasks and services necessary to insure safe, well maintained HVAC systems.

B. Scope of Work All work shall be accomplished in strict accordance with specifications set forth herein, and all applicable state, county and local laws, codes and ordinances. In addition, without exception, the contractor shall comply with the letter and intent of all EPA, OSHA, and any other pertinent federal regulations and laws concerning the work specified herein.

1. Contractor Responsibility:

• The contractor shall provide staff that is certified and proficient in the complete maintenance and repair of make-up-air units, ventilation fans, air handlers, compressors, and a variety of HVAC units. Additionally, service levels shall provide the ability to respond immediately to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repairs, service requests or other non-urgent tasks shall be completed by the contractor within one (1) working day from the date of the County’s request.

• The contractor(s) shall provide complete maintenance, service, repair, and/or replacement and other services, including, but not limited to, the following equipment, parts, and system requirements; inspections, testing, maintenance, calibration, repair or replacement, adjustment, electrical equipment, heating elements, motors, electrical wiring up to 6 feet from point of disconnection, enthalphy wheel(s), damper(s), pressure relief, discharge plenum and duct interphase, terminals, microprocessor, outside air louver, fans, coupling, shafts, fan blades, belts, pulleys, and bearings, coil(s), refrigerant piping, thermostats, thermostat programming, thermostat battery, humidistat, expansion valves or metering device, interior and exterior caulking and sealing, condensate drains branches to storm drain main connection, compressors, filters, dryers, starters, solid state starters, contactors, relays, equipment disconnect switches, variable speed drives, breakers, fuses, timers, switches, including resealing of fiberglass insulation and edges with proper white breather weather barrier mastic.

• Inspections, routine and emergency repairs, overhaul, and preventive maintenance shall be performed in strict accordance with the OEM’s specifications and recommendations.

• All labor, materials, testing and parts required for the repair and preventive maintenance of the specified equipment, including, but not limited to, all refrigerants, lubricants, chemicals, paints, belts, lamps and gaskets and other repair parts.

• Insulation from duct work and/or charge lines that is removed for maintenance or dislodged by age shall be reinstalled in a manner consistent with manufacturer’s instructions for application and shall be properly sealed with mastic for permanency and so no fiberglass is in contact with the airstream. Only tape that is approved by the manufacturer for use in the appropriate environment is allowed to be used to seal insulation.

• The contractor(s) shall be responsible for any ceiling, walls, electrical system, floor and/or duct repairs, in addition to the equipment and its access panels, damaged as a result of equipment or

RFP 2024-P06 HVAC – Preventative Maintenance & Repair Services, Countywide Page 7 of 43 panel removal for servicing. The contractor(s) shall ensure that all access panels and screws are installed and fit correctly after servicing equipment.

• The contractor shall, prior to commencing work, thoroughly examine and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly, safe manner. In addition, the contractor shall always maintain a safe work environment. The technician shall report immediately to the County Supervisor or his designee the existence of unsafe condition(s) which will compromise the performance of service. Safety will be the sole responsibility of the contractor. The contractor shall take all necessary precautions for the safety of the County’s and contractor’s employees and the general public and shall always erect and properly maintain all necessary facility safeguards for the protection of the contractor’s employees and the general public. If necessary, the Contractor shall post signs warning against hazards in and around the work site.

2. Equipment Description & Location:

Locations of each unit can be found on Attachment B

• Type I Units: Split System

• Type II Units: Heat pump System

• Type III Units: Ductless Mini-Split System

• Type IV Units: Roof Top Unit - RTU Units (AAON): AAON Model – RN Series packaged rooftop unit heat pumps, and outdoor air handling units. AAON Model – RL series heating, cooling and combination rooftop unit.

3. Preventative Maintenance Service:

Review Attachment C: Hays County HVAC Preventative Maintenance Technical Exhibit TE-4 for detailed preventative maintenance requirements.

• Preventative maintenance services shall be all-inclusive and completed per the route’s service schedule, which may be designated for twice to four times per year or as requested by the County Supervisor or his designee. Contractor shall replace filters and belts with each preventive maintenance service, which are referred to herein as consumable parts. Preventive Maintenance services shall include, but not limited to, the following:

o Contractor shall provide oversight and documentation of Seasonal Preventive Maintenance on all HVAC systems.

o Contractor shall inspect all HVAC systems at least twice each year, with seasonal startup and run inspections performed and documented.

o Contractor shall inspect all moving parts or components, belts, bearings, drives, and fans, investigate noises and lubricate and adjust as recommended per manufacturers specifications. After each preventive maintenance service, the HVAC will be in “like–new” condition.

o Contractor shall clean all condensate drain lines twice a year and ensure cleanliness of lines by utilizing condensate pan treatment tablets. Cleanings shall occur once at the beginning of June and then the end of August.

• Contractor shall clean all evaporator coils with a self-rinsing foaming cleaner, clean out pan, wipe down fan blades, and reseal housing. Contractor will also clean condenser coils with a biodegradable foaming cleaner, rinse, and remove any debris from the bottom of the condensing unit.

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• As part of the preventive maintenance service fee for the route, the fee must be all-inclusive of parts, labor, tools, truck fee, etc. This fee will be fixed for the contract period.

• All preventive maintenance services shall be completed during the scheduled service call. Shall Contractor require more days to complete preventative maintenance services the Contractor shall not impose additional fees.

• Any component(s) found outside of the preventive maintenance scope, where repair or replacement of material is required, Contractor shall communicate the findings to the County Supervisor or his designee. Contractor shall not commence any repair or replacement work without the direct approval of the County Supervisor or his designee.

• Contractor shall furnish all necessary labor, tools, equipment, and materials as may be required to complete the preventative maintenance service. The County reserves the right to provide materials and/or equipment to the Contractor at the County’s discretion.

• All furnished materials shall be new and genuine manufacturer’s authorized replacement parts.

Equivalent or rebuilt parts shall be pre-approved for use by the County Supervisor or his designee prior to use. The utilization of used materials is strictly prohibited without the pre- approval and consent of the County Supervisor or his designee.

• At the completion of the preventative maintenance service, the Contractor shall provide a report of the inspection to the County Supervisor or his designee. Any findings shall be described, along with a list of materials replaced within the preventive maintenance scope, and work order number provided by the County Supervisor or his designee.

4. Repair Services:

• Repair services shall only occur when a proposal has been submitted and authorization to commence work has been given to Contractor by the County Supervisor or his designee. Any proposal for repair services shall include an itemized list of materials, material costs, labor hours and rate, equipment rental fees, miscellaneous services, etc.

• Contractor shall furnish all necessary labor, tools, equipment, and materials as may be required to complete the repair service. The County will reserve the right to provide materials and/or equipment to the Contractor at the County’s sole discretion.

• All furnished materials shall be new and genuine manufacturer’s authorized replacement parts.

Equivalent or rebuilt parts shall be pre-approved for use by the County Supervisor or his designee prior to use. The utilization of used materials is strictly prohibited without the pre- approval and consent of the County Supervisor or his designee.

• At the completion of each repair service, the Contractor shall provide a report of the HVAC Repair service to the County Supervisor or his designee. Any findings shall be described, along with a list of materials replaced, and total hours of labor.

• At the sole discretion of the County, material may be provided to complete scope of repair work. In addition, the County shall reserve the right to bid outside of the contract when any repair service is over $10,000.

5. Proposal for Repair Work:

• Repair proposals shall include an itemized list of materials, costs of materials, mark-up percent, labor rates and hours, equipment rental, miscellaneous service, reference HVAC unit number and/or description, location of equipment, and Job number (if available). Contractors shall also include the appropriate hours and number of Journeymen and/or Apprentice/Installers required to complete service.

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• In the event of an emergency, a formal written proposal may be waived, however Contractor shall not commence work until explicitly given approval from the County Supervisor or his designee.

6. New Installations:

• Any new installation(s) of HVAC equipment shall be biddable at the sole discretion of the County.

No guarantee is given to Contractor awarded specific route where installation will occur.

7. Warranty:

• Warranty on all parts and labor shall be provided at a minimum of 12 months. Parts provided by the County shall not be included under the 12-month warranty.

8. On Call/Emergency Services:

• Contractor shall be accessible by a toll-free local telephone call during regular business hours.

Local off-hours answering service for emergencies shall be available for contractor notification twenty-four (24) hours a day, seven (7) days per week, all year, including holidays. The expected two (2) hour response time from initial call notification is required during business days from 7:00 AM to 5:00 PM. If the contractor is notified after business hours, or notification would result in an arrival after 7:00 PM, response time shall be expected the next business day at 7:00 AM provided a two (2) hour time window was provided from notification to expected response time.

• The Contractor shall provide on call services within 24 hours after County’s notification of non- critical/ non-emergency repair service requests.

• In an event of a system failure deemed by the County as an emergency, the Contractor shall physically arrive to the County site within three (3) hours of County notification. See the table below for Service Call Classifications and approved response and completion times.

• At the discretion of the County, a separate Contractor can be contacted to respond in critical emergency events should the Contractor not respond in initial contact.

Service Call Classification Response/Completion

Emergency Vendor shall respond within 30 minutes of notification and work to completion or contain the emergency. (Work to be completed within 2 calendar days) Hot/Cold Vendor shall respond within 30 minutes and alleviate the discomfort. (Work to be completed within 2 business days)

Urgent Vendor shall respond within 2 hours of notification during normal work hours. (Work to be completed within 3 business days) Routine Vendor shall respond within one business day of notification.

(Work to be completed within 5 business days)

Utility Services Vendor shall respond within one business day of notification.

(Work to be completed within 5 business days)

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9. Equipment Inspection:

• An initial full equipment inspection will be available to the awarded contractor(s) by site and within a timeframe that will be designated by the County’s Authorized Representatives, if they so desire.

• The vendor shall have visited the facilities and shall have inspected all equipment, to be fully acquainted and familiarized with conditions as they exist, and the operations to be carried out.

The vendor shall make such investigations as appropriate, to fully understand any difficulties and restrictions involved, while attending to the execution of the work with minimal disruption to the operations of the facility.

10. System Failure:

• Should any of the contractor(s) activities result in HVAC system failure, or shutdown of any part of the air conditioning system, the vendor is required to immediately inform the County’s Authorized Representatives and follow up with a written notice within twenty-four (24) hours.

The written notification shall state the reason the equipment is not in service, when repairs will be completed and the system back in full operation. The contractor shall make every effort to expedite the service and minimize the disruption (the cooling effectiveness) to the location being serviced and shall employ every ordinary and extraordinary effort to minimize loss of air conditioning time.

11. System Condition:

• Whenever services are provided, the contractor shall ensure that the HVAC equipment and systems are left in an operable condition. The contractor shall document all services performed and submit said documentation with their invoice for services.

• Contractor shall maintain the HVAC so that the average monthly service calls per 1,000 tons of equipment is less than one service call per day, three months after the effective date. Any number of calls beyond this amount will be considered excessive and unacceptable. Service will be tracked by the Hays County and the contractor will have an opportunity to respond in writing as to the reason for the excessive calls

12. Stoppage of Work:

The County reserves the right to stop work on any project if, in the opinion of the County Supervisor or his designee:

• Materials or work are not in conformance with the OEM specifications, applicable codes, standards, County specifications and/or accepted practices.

• The contractor’s activities result in damage to County property.

• The contractor’s activity adversely interferes with the normal operation of the facility.

• Contractor’s personnel are not properly licensed to perform the work or as it pertains to county facilities the contractor’s personnel have not received their security background clearances.

• Any other condition, situation, or circumstance which, in the opinion of the County’s Authorized

Representatives or Inspector, would be a detriment to the best interests of the County if allowed to persist.

13. Inspection of Work:

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• The County reserves the right to inspect the contractor’s work at any time to assure compliance with all terms and conditions of this Agreement. All work will be inspected pursuant to applicable codes. All deficiencies noted by the County will be submitted to the contractor for correction. Within thirty (30) calendar days after submission of deficiencies to the contractor, an inspection of the air conditioning system may be conducted to ensure corrective action was taken. Should the deficiencies not be corrected, the contractor shall be liable for any cost incurred by the County to ensure the correction to include, but not limited to, additional inspections, repairs and meetings.

14. Parts:

• The contractor(s) shall have access to most of the common parts necessary to service the units.

The expected accessible parts shall include filters, compressors, fan motors, belts, pulleys, thermostats, humidistats, electronic boards, relays and contactors. Such parts shall be readily available to allow completion of all work, whenever possible, on the same day as arrival on-site.

C. Proposed Fee Schedule

Attachment A: Repair Services Fee Schedule:

• The Vendor shall fill out Attachment A and provide a Fee Schedule showing labor rate for all labor categories of employees envisioned to provide services that align with the work.

• Prior to beginning any repair or replacement, the contractor will troubleshoot the system to diagnose the system’s problems. The County shall not incur any extra charge for this service.

• An estimate of hours required, and number of workers needed to complete a requested service will be provided to Hays County by the Contractor at the time the Contractor schedules the work.

• Hays County will only be billed for actual hours on the job. The contractors will be required to check in when they arrive to the job site and will be required to check out when completed.

• Mark up on parts and materials shall include the contractors time, labor and travel to obtain the necessary parts for repairs and replacements.

Attachment B: Preventative Maintenance Fee Schedule:

• Fixed cost per location: pricing to include and cover the furnishings of all labor, materials, equipment, incidentals, travel, fuel, and any other overhead necessary to perform the work described in the Scope of Work.

• Proposal prices are also to include any required reporting to the County of work performed.

• Spring PM

• Winter PM

• (2) Additional Filter Changes: some units will require (4) additional filter changes

D. Qualifications

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

• Contractor shall have at least five (5) years of similar HVAC experience, and shall submit with their proposal a list of at least three (3) customer references with similar scope of services.

• Contractor shall be fully licensed to perform HVAC work in the State of Texas, Hays County and any other County jurisdiction. Each company vehicle shall display their State of Texas Contractor’s Licenses per State Regulations. A copy of licenses shall be furnished upon request.

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• Contractor must be able to provide HVAC services for residential and commercial buildings. All work performed must meet the job specifications, the most current HVAC code, and the most current local jurisdiction requirements.

• The Contractor shall retain professional personnel who have successfully and competently provided private, County and/or municipal facility HVAC maintenance and repair services on projects of similar scope and complexity. For the purpose of this contract, routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with a minimal downtime.

• Contractor staff shall also be proficient in the following trades: Ten (10) years commercial experience; Package HVAC units; All mechanical, electronic aspects of HVAC systems; Multi zone air handling systems; and A comprehensive understanding of HVAC control systems.

REFERENCES: Hays County requires respondent to supply with the proposal, 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.

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.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM).

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.

E. 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)

Items that count towards the 30-page limit

• Profile/Experience of the Company

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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 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.

• Capacity to Perform (Methodology/Technical Approach) Describe the capacity to perform the Scope of Work activities.

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

Quality Assurance Plan Implementation Schedule

• Proposed Fee Schedule Attachment A: Repair Services Fee Schedule Attachment B: Preventative Maintenance Fee Schedule

• Quality Assurance & Control Plan

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

County)

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.

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)

1. Proposed Cost 40 points

2. Capacity to Perform 35 points

Local capability of the firm in the areas collection process, tax sale experience, the spectrum of services to be offered to prospective clients and data processing capabilities, as well as any comprehensive services beyond delinquent tax collections. Demonstrated ability to handle complex delinquent tax litigation and comprehensive bankruptcy services.

3. Experience of the Company 25 points Local tax collection experience, including legal personnel, support personnel, collection experience, and demonstrated results.

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

G. Submittal Requirements The Company 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 Manager 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.

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

RFP 2024-P06 HVAC – Preventative Maintenance & Repair Services, Countywide Page 15 of 43 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.

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.

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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.

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

RFP 2024-P06 HVAC – Preventative Maintenance & Repair Services, Countywide Page 17 of 43 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 Manager" means the Hays County Purchasing Manager.

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.