RFP 2026-P01 Flood Warning Sytem Maintenance and Repair Services.pdf

RFP 2026-P01 Flood Warning System Maintenance & Repair Services Page 1 of 45

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

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

Solicitation No.:

RFP 2026-P01 Flood Warning System Maintenance &

Repair Services Date Issued: October 30, 2025

SOLICITATION

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

9:00 a.m. local time December 4, 2025.

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

For information please email:

purchasing@hayscountytx.gov

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

November 10, 2025.

Phone No.: (512) 393-2267

OFFER (Must be fully completed by Respondent)

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

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

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

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

Vendor: Term of Contract:

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

Date: Agenda Item:

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

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@hayscountytx.gov

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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. Attachment A: Preventative Maintenance and Repair Services 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 for Hays County

IX. Hays County Practices Related to HUB

X. Hays County House Bill 89 Verification

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

XII. Israel Boycott Certification Form (TGC 2271.002)

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

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

Certification (TGC 2274.002)

XV. Debarment and Licensing Certification

XVI. Vendor/Bidder’s Affirmation

XVII. Federal Affirmation and Solicitation Acceptance

XVIII. Related Party Disclosure Form

Attachment A: RFP 2026-P01 Pricing Form Attachment B: Equipment Location

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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 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 to be considered responsive:

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

____ 2. Attachment A: RFP 2026-P01 Pricing Form

____ 3. Vendor Reference Form

Required Forms by Hays County:

____ 1. Conflict of Interest Disclosure & Questionnaire

____ 2. Code of Ethics

____ 3. HUB Practices

____ 4. House Bill 89 Verification

____ 5. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

____ 6. Israel Boycott Certification (TGC 2271.002)

____ 7. Prohibition of Energy Company Boycott Certification (TGC 2274)

____ 8. Prohibition of Discrimination against Firearm Companies or Firearm Trade Org. Certification (TGC 2274.002)

____ 9. Debarment & Licensing Certification

____ 10. Vendor/Bidder’s Affirmation

____ 11. Related Party Disclosure Form

____ 12. Federal Affirmations and Solicitation Acceptance

____ 13. System for Award Management (www.SAM.gov) Printout

____ 14. Any addenda applicable to this solicitation

Hays County will accept bids/proposals, 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 Proposals (RFP)

2. Solicitation Number: RFP 2026-P01

Flood Warning System Maintenance & Repair Services

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

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

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

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

December 4, 2025; 9:00 a.m. Central Time (CT)

6. Initial Contract Term: January 2026 (for 1 year)

7. Optional Contract Terms: Five (5) – one (1) year renewals

8. Designated Contact: Hays County Purchasing

Email: purchasing@hayscountytx.gov

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than November 10, 2025; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this RFP, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

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@hayscountytx.gov

RFP 2026-P01 Flood Warning System Maintenance & Repair Services Page 5 of 45 responsibility to acknowledge receipt of all addenda with proposal submission.

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

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

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

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

Anticipated Schedule of Events October 30, 2025 Issuance of RFP November 10, 2025 Deadline for Submission of Questions (5:00 PM CT) December 4, 2025 Deadline for Submission of Proposals (9:00 AM CT)

Late proposals will not be accepted.

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

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III. Specifications A. Introduction

Hays County (County) is seeking proposals from qualified, licensed, and experienced firms to provide maintenance, repair, replacement, monitoring, and notification services for the Hays County Early Flood Warning System equipment throughout Hays County. The awarded firm will be responsible for ensuring the equipment is functioning properly and providing timely notification to Hays County.

B. Scope of Work Vendor shall provide all services necessary for the operation and maintenance of the Early Flood Warning System (EFWS) equipment. A list of equipment is included in Attachment B. All technical work associated with this Agreement shall be performed by qualified technicians.

The vendor will be responsible for:

• Preventative Maintenance of all equipment related to the Early Flood Warning System, twice per year.

• Any repair services requested by the County.

Appropriate records shall be maintained by the vendor of all activities performed. The County shall be provided with copies of all such records. Software will be provided by the Vendor.

This scope of work addresses seasonal maintenance of the County’s EFWS. The vendor shall perform maintenance activities requested in this Scope of Services to maintain a fully operational EFWS system beginning upon contract execution for a period of one year, with the option to renew for five additional one-year periods.

Preventative Maintenance:

Preventative maintenance services shall be all-inclusive of parts, labor, tools, truck fee, etc. and completed per the route’s service schedule, which is designated for two times per year or as requested by the County Supervisor or his designee.

• The preventative maintenance fee shall 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.

Preventative Maintenance includes, but are not limited to:

• Power System Checks

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• Antenna System Checks

• Rain Gage Check and Calibration

• Pressure Transducer Checks and Calibration

• Flashing Light Checks

• Communication and Programming Checks, and Ant and Insect Mitigation

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 EFWS 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.

1. 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 EFWS unit number and/or description, location of equipment, and Job number (if available). Contractors shall also include the appropriate labor hours required to complete the service.

• 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.

2. New Installations:

• Any new installation(s) of EFWS equipment shall be biddable at the sole discretion of the County. No guarantee is given to Contractor awarded specific route where installation will occur.

3. 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.

4. 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

RFP 2026-P01 Flood Warning System Maintenance & Repair Services Page 8 of 45 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)

5. 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.

6. EWF System Failure:

• Should any of the contractor(s) activities result in EFW system failure, or shutdown of any part of the 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 to the location being serviced and shall employ every ordinary and extraordinary effort to minimize loss of down time.

7. System Condition:

• Whenever services are provided, the contractor shall ensure that the EFWS 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 EFWS so that the average monthly service calls per piece 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.

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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

8. 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.

9. Inspection of Work:

• 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.

10. Parts:

• The contractor(s) shall have access to most of the common parts necessary to service the units. Parts shall be readily available to allow completion of all work, whenever possible, on the same day as arrival on-site.

C. Attachment A: Preventative Maintenance and Repair Services Fee Schedule Repair Services Fee Schedule:

• The Vendor shall fill out Attachment A and provide a Fee Schedule showing labor rate 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.

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.

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• Required two visits per year for each piece of equipment.

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

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

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

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

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

A prospective respondent must meet the following requirements:

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

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Have a satisfactory record of integrity and ethics

• Have a satisfactory safety record and safety policies

• Be otherwise qualified and eligible to receive an award

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

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

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

E. Proposal Requirements Vendors desiring to submit proposals in response to the request must comply with all mandatory submission requirements set out in this document, failure to comply with any section could subject the proposal to immediate rejection. However, mandatory submissions are not the sole requirements of the scoring process. All conditions and requirements throughout this request are considered binding.

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 twenty (20) pages (10 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

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

Items that count towards the 20-page limit

• Profile/Experience of the Company

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

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

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

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

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

• Capacity to Perform (Technical Approach) Describe the capacity to perform the Scope of Services.

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

Include information about the age and type of equipment you intend to use for this contract and any products use in the addressing and inserting process.

• Contract Management Philosophy

Vendors must submit your mission statement, vision statement and corporate values.

Describes your companies’ philosophy towards providing quality service for high volume, deadline driven projects.

Address communication, responsiveness, conflict resolution, quality assurance, scheduling flexibility (resources and timeline), and budget oversight.

• Cost Proposal

Vendors are expected to thoroughly examine all proposed specifications and all instructions. Preparation of cost extensions shall be at the Vendor’s risk. In the event of a vendor error in any cost extension, the Vendor’s unit price will prevail.

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 twenty (20) pages, ten (10) pages front and back, not including the appendix materials.

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

F. Evaluation Criteria

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

Evaluation Criteria Maximum Score Points

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

Capacity to Perform 35 35 = Significantly Exceeds Requirements 28 = Exceeds Requirements 21 = Meets ALL Requirements 14 = Marginally Meets Requirements 0 = Does not meet Requirements

Cost 30 30 = Significantly Exceeds Requirements 24 = Exceeds Requirements 18 = Meets ALL Requirements 12 = Marginally Meets Requirements 0 = Does not meet Requirements

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

Experience of the Company 15 15 = Significantly Exceeds Requirements 12 = Exceeds Requirements 9 = Meets ALL Requirements 6 = Marginally Meets Requirements 0 = Does not meet Requirements

Total Evaluation Points 100

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

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

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

G. Submittal Requirements Partial proposals/bids will not be accepted. Proposals/Bids arriving late will not be considered.

Proposals/Bids not physically received in the Purchasing Office or submitted electronically through BidNet Direct by the required date and time, as evidence of the Purchasing Office’s date and time stamp (or BidNet Direct’s time stamp) will be returned unopened provided the Vendor’s envelope is properly

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Each Vendor shall assume full responsibility for timely delivery of their proposal to the Purchasing Office. 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 Agent and the approval of Commissioners Court.

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

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

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

COMPANY AGREES, if this proposal is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the proposal will be one hundred twenty (120) calendar days.

The awarded company expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The awarded company agrees to

RFP 2026-P01 Flood Warning System Maintenance & Repair Services Page 14 of 45 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.

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;

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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 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 Proposal (RFP)

1. GENERAL DEFINITIONS:

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

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

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

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

e. "County" means Hays County, 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. "Purchasing Agent" means the Hays County Purchasing Agent.

i. “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 the 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 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

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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., Chapter 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.

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

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ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED

THAT AUTHORITY BY THE COMMISSIONERS COURT.

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

13. REPRESENTATIONS:

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

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

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

d. Contractor…