ESBD_File_346847_RFP 2024-P03 Countywide Project Manager Services.pdf

RFP 2024-03 Countywide Project Management Services Page 1 of 40

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

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

Solicitation No.:

RFP 2024-P03 Countywide Project Management Services Date Issued: January 4, 2024

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:

11:00 a.m. local time January 26, 2024.

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

January 11, 2024.

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. Cost Proposal

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

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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. Proposal & Solicitation, Offer and Award Form completed and signed

____ 2. Cost Proposal

____ 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-P03

Countywide Project Management 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:

January 26, 2024; 11:00 a.m. Central Time (CT)

6. Initial Contract Term: February 2024 – January 2025

7. Optional Contract Terms: five (5), 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 January 11, 2024; 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

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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 January 4, 2024 Issuance of RFP January11, 2024 Deadline for Submission of Questions (5:00 PM CT) January 26, 2024 Deadline for Submission of Proposals (11:00 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 and experienced Project Management Firm(s) to provide comprehensive Project Management services in support of current and future budgeted projects for Hays County, on an as-needed basis. County intends to award a contract to one or more firms who are deemed qualified. As individual projects requiring Project Management Services are developed, Hays County Department Directors, or Elected Officials, or the Commissioners Court, will choose one of the pre-qualified firms. The chosen firm will then negotiate a professional services agreement with Hays County to perform the required duties, which must be accepted and approved via Commissioners Court.

Be advised, being awarded under this RFP shall not be deemed as creating any type of contractual expectancy for the award of any contracts on the part of the County. This RFP is being assembled for the purpose of ensuring that the County has the ability to quickly negotiate contracts with competent and qualified entities in an efficient manner when upcoming projects are deemed necessary to proceed.

B. Scope of Work The scope of procurement is to employ Project Management Firm(s) to act as a representative of Hays County and assist through all phases of the projects requested by the County. The Project Manager shall not in any respect serve as a General Contractor, or Sub-Contractor for any projects.

The following is a list of services to be provided by the Project Manager and is not intended to be all inclusive. Services and tasks that are necessary to achieve all Hays County projects are also included and will be required in accordance with Project Management Best Practices. Also included, whether enumerated or not, are services and tasks necessary to comply with applicable federal, state and local laws and regulations. Depending on the project, Hays County will appoint a point of contact person responsible for coordinating the County’s design & Construction needs.

All Phases – General Services Required The following services are general in nature and are required during all phases of the projects:

• Serve as a representative of the Hays County during all phases of each project.

• Consult with the Hays County Commissioners Court, upon request, for the purpose of reviewing the status of the project(s), and for the purpose of developing strategies necessary to achieve the goals of the County.

• The Project Manager will oversee and manage all aspects of these projects and report to County on a weekly basis. Reviews to be provided include all aspects of the planning, development, architecture, engineering, design including renderings, procurement and construction management.

• The Project Manager will review and update the County on the overall master program schedule, overall master project schedule, and incorporate the specific construction schedules when appropriate. These schedules should include every aspect of the project(s).

• Provide general administrative management of the construction management tasks. Such as but not limited to architectural, engineering, scheduling, cost estimating, construction administration, warranty phase support and all other services necessary to complete the project.

• Services shall be comprehensive in nature and will include in depth review of programming, conceptual design, schematic design, design development, design renderings, and final construction documents.

• Specialized professional services may be required including, but not limited to: life cycle costing;

utility infrastructure design; interior design; acoustics; lighting; interior wayfinding signage and graphics; and landscape design.

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• Develop and maintain (in cooperation with Hays County), a monthly reporting document that indicates the status of the project in terms of percentage of completion, cost per square foot, approved change orders, schedule, etc.

• Provide suggested modifications to the scope of the project(s).

• Work with County awarded contractors, i.e. electrical, plumbing, HVAC, when warranted.

• Assist the County in locating property needed for future expansion projects and securing the professional services (realtor, inspection, etc.) related to any such purchases and/or lease agreements.

Inception & Feasibility Phase

• Assist the County in developing a consensus as to the objectives and scope of project.

• Examine the environment and existing facilities.

• Provide a cost estimate with various options to assist in determining feasibility.

• Define Risks

Pre-Construction Phase

• Establish and maintain communication protocol between Hays County, Architect, Engineer, and General Contractor.

• Review design documents, drawings, specifications for constructability, scheduling, consistency and coordination.

• Notify Hays County of Design and Budget concerns throughout the design process.

• Develop detailed cost estimates at various phases of design, as desired.

• Assist the Purchasing Department, and the Architect/Engineer (A/E) Firm with the development, preparation and review of bid specifications for new projects throughout the County where Project Management services would be needed.

• Assist the Purchasing Department to answer any questions received to ensure complete understanding of the County’s intent.

• Assist in the evaluation of bids/proposals received and offer recommendations.

Collect, organize, and analyze the data into a format conducive to receiving responses for inclusion in the analysis of the bids/ proposals.

Evaluate eligibility, cost sharing and benefits structure and network savings.

Evaluate cost containment alternatives to help control current and future plan costs in conjunction with the rate review.

Prepare a spreadsheet analysis of bids/proposals received so that a comparison can be made.

Prepare a narrative, with recommendations, discussing the bids/proposals and various options under consideration.

• Assist Purchasing and Legal Counsel with contract negotiations.

• Establish progress payments schedule for the construction work and other services, etc. of the project.

• Monitor and maintain all party’s efforts for conformance to schedule and budget.

• Monitor contractors’ progress with project start-up activities (mobilization, securing permits, providing submittal data, securing temporary utilities, etc.)

• Secure construction schedules from the contractor and review for compliance with the established project schedule.

• Incorporate the contractor’s schedule within the overall project schedules and update same on a regular basis as determined by the owner.

• Coordinate with local Utilities, Cities, Entities, etc. on Hays County behalf.

Construction Phase

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• Facilitate and oversee every aspect of the construction of the project to ensure successful execution.

• Establish and maintain communication protocol between Hays County, Architect/Engineer, and the General Contractor. Document all Communication during construction phase.

• Coordinate construction logistics between the General Contractor and Hays County.

• Attend, arrange and conduct a variety of meetings, as requested by Hays County.

• Review the safety programs of each contractor and make appropriate recommendations to ensure the safety of Hays County staff and taxpayers.

• In conjunction with the A/E Firm, implement procedures for submittals, change orders, pay requests, etc.

• Review Request for Information (RFI) and architect/engineer’s supplemental instructions. Track submittals as required through completion of the process.

• Assist in developing priorities for adjusting scope of work to match funds availability and assist in coordination with Authorities Having Jurisdiction as necessary.

• Monitor overall budget and schedule and advise Hays County of any trends that affect the timely procedures and cost-effective completion of the Project.

• Coordinate third-party testing and/or inspection services with Hays County approved vendors.

• Review pay requests, adjust as needed, and certify for payment.

• Review and verify General Contractor’s Project record drawings and schedule are updated to reflect all changes of work completed before each progress payment.

• Based on review of the project on a daily basis, make recommendations for rejection and correction of sub-standard work to A/E, and Hays County.

• Maintain force account records when work must be done prior to approval of change order.

• Assist in reviewing claims submitted, prepare cost estimates, and make recommendations for the Hays County approval.

• Assist with inspections and preparation of punch lists; walks with A/E to develop Subcontractor punch list, along with A/E punch list.

• Maintain thorough knowledge of the plans and specifications.

• Provide and monitor inspection of the construction as follows:

Frequently inspect the work for progress, workmanship, and conformance with the Contract

Documents.

Review special inspection and material testing reports to verify conformance with the

Contract Documents.

When work is found to be in non-conformance, document the deficiencies and promptly provide written notification of the deficiencies to the Architect/Engineer, Hays County and General Contractor.

Verify that deficiencies have been corrected and/or approved by applicable party.

Issue inspection deficiency list to the Architect/Engineer, Hays County and General

Contractor. Conduct inspections and track deficiencies through correction.

• Coordinate the issuance of the certificates of Substantial/Final Completion.

Post-Construction Phase

• Coordinate and expedite transmittals of as-built drawings and record documents to Hays County and other entities as required.

• Secure copies of Occupancy certificates.

• Ensure that operations and maintenance manuals and records are compiled, organized, and indexed properly.

• Verify all Warranties are submitted and in accordance with Contract Documents.

• Assist the Hays County with implementing the Occupancy Plan/Schedule.

• Prepare all closeout documents to include final project accounting, cost per unit comparisons and close-out reports. (provide a sample during as part of the RFP)

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• Evaluate the performance of the construction the contractor and subcontractors, and provide evaluation, in writing, to Hays County.

• Ensure staff has received all necessary training for operation of new building and systems.

• Coordinate the completion of all punch list items in designated time frame. Maintain accurate warranty log data. Respond daily to all warranty items through the one-year warranty period.

C. Cost Proposal A cost proposal must be submitted with the following information.

• For all fee structures, include the classification of personnel and the hourly rate for each classification.

• List any additional services that you foresee may be necessary, if any, and list the proposed costs for such services.

As projects arise a work authorization will be executed with a not-to-exceed amount for the project.

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

• A project management firm will be selected on the basis of professional qualifications and successful experience with similar service engagements.

• Applicant firms must clearly demonstrate a considerable body of successful experience with similar or closely-related municipalities.

• Applicants must provide documented success in the management of costs, changes, quality, safety, and schedule performed on these similar projects.

• Applicant must demonstrate successful experience in working in the delivery method where the Project Manager assists during the design, bid and award, pre-construction, construction, and post construction phases.

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

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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

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.

Narrative of the firm's experience in providing employee benefits consulting services on issues similar to those described in the scope of work to public sector employers of a comparably sized public sector entity.

Describe any other facets of your organization and your firm’s experience that are relevant to this proposal that have not been previously described or which you feel would distinguish your firm from other firms submitting proposals.

Identify whether or not your firm has had any contracts terminated due to non-performance within the last five (5) years.

List 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 Describe all services your firm will offer the County.

Provide a description of your proposed approach/strategy to minimize costs and save taxpayer’s money including utilization of Construction Manager resources in a cost-effective manner, assessment of alternatives to offset or reduce debt funding for capital expenditures, delivery methods, streamlining projects and work tasks, quality control methods, negotiation methods to reduce fees and costs, and so forth.

Provide supplemental information or materials where your efforts added value and generates project savings for public sector clients.

• Quality Control Describe how your firm will handle quality control/quality assurance to monitor and resolve issues and check and cross-reference documents, consultant and contractor’s work, invoicing, quantities, bids, design reviews, change orders and so forth.

• Cost Proposal A cost proposal must be submitted with the firms proposed fee rates.

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• 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. Qualifications and Experience 25 points

2. Project Management Approach (Capacity to Perform) 20 points

3. Quality Control 20 points

4. Proposed Staffing and Availability 20 points

5. Proposed Cost 15 points

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.

Multiple Awards: 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:

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• 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 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(s) for a 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.

FIRM 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 firm(s) 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 firm(s) agrees to correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

CANCEL, ACCEPT OR REJECT: The County expressly reserves the right to cancel the RFP at any time, to elect not to award contracts cited in the RFP, to reject any or all submittals, to waive any informality or irregularity in any submittal received, and to be the sole judge of the merits of the respective submittals received. 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.

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

RFP 2024-03 Countywide Project Management Services Page 13 of 40 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.

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.

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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 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. 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 Manager. The Purchasing Manager 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 Manager. 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. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS

EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

b. If a subcontract is approved, Contractor must make a "good faith" effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract.

Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing

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Manager. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.

15. ASSIGNMENT:

a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court.

b. The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract.

c. Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.

16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Manager or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Manager, or other authorized County person, the Contractor must submit a written notice to the Purchasing Manager within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail.