RFQ26CCP01Q Master Development Services.pdf

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CALDWELL COUNTY

REQUEST FOR QUALIFICATIONS

Project Title: Master Development Services

Solicitation Number: RFQ26CCP01Q

Statement of Qualifications must be received before:

2:00 p.m. central time October 1st, 2026

110 S. Main Street, Room 302, Lockhart, TX 78644

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TABLE OF CONTENTS

PAGE

NUMBER

GENERAL 3

DEFINITIONS 3

NOTICE to PROPOSERS 4

STANDARD TERMS and CONDITIONS 6

BACKGROUND and CURRENT CIRCUMSTANCES 14

SCOPE of WORK 15

SUBMISSION REQUIREMENTS 17

EVALUATION and SELECTION PROCESS 19

EVALUATION CRITERIA 20

CERTIFICATION and ACKNOWLEDGMENT 21

CONFLICT OF INTEREST QUESTIONNAIRE 22

TEXAS GOVERNMENT CODE VERIFICATIONS 24

CONTRACT SAMPLE 25

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GENERAL

Caldwell County, Texas seeks to enter into an agreement with a qualified Individual, Firm or Corporation (Proposer) with substantial and relevant experience and expertise to provide Master Development Services in connection with proposed improvements and/or expansion of the county facilities.

DEFINITIONS

The following definitions shall be used to identify terms throughout this Request for Qualifications:

A. AGREEMENT/CONTRACT

A mutually binding legal document obligating the Firm to furnish the professional services specified within this solicitation and obligating the County to pay for the professional services provided.

B. PROPOSAL/RESPONSE/OFFER

A complete, properly signed response to this solicitation that, if accepted, would bind the Respondent to perform the resulting contract.

C. PROPOSER/RESPONDENT/OFFERER

The Individual, Firm or Corporation (Proposer) that considers themselves qualified to provide the services specified herein and are interested in making an offer to provide the services to the County.

D. COUNTY

Caldwell County, Texas.

E. COMMISSIONER’S COURT

The elected officials of the County, given the authority to exercise such powers and jurisdiction of all County business as conferred by the state constitution and laws.

F. FIRM

The successful Proposer of this request for proposal.

G. PURCHASE ORDER

A purchase order records the financial obligation of the County to pay for services properly received; therefore, a purchase order is also required for all contracts with an expenditure of funds entered into by the County.

H. REQUEST FOR QUALIFICATIONS (RFQ)

This Solicitation document issued by the County, containing terms, conditions, and request for qualifications for the services to be procured.

I. STATEMENT OF QUALIFICATIONS (SOQ)

A Firm’s response to this solicitation

J. VENDOR/CONTRACTOR

Person or business enterprise providing professional services to the County as fulfillment of obligations arising from an agreement pursuant to this request for qualifications.

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NOTICE to PROPOSERS

A. NOTICE

Statement of Qualifications are due at 2:00 p.m. on October 1st, 2026 after which time all qualified responses will be opened and acknowledged at 110 S. Main Street, Room 302, Lockhart, Texas 78644. Proposals received after the specified deadline will be returned unopened.

Sealed SOQs shall be clearly marked with the RFQ number and title and addressed to the County. Proposals shall be delivered using one of the following:

Hand delivered/Mailed/Shipped To:

110 S. Main Street, Room 302, Lockhart, Texas 78644

Electronically To:

www.bidnetdirect.com//caldwellcounty

Potential Respondents may receive notice of solicitations from the County from a variety of channels. Approved methods of dissemination include: County website or the County’s purchasing director. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your proposal non-compliant. County accepts no responsibility for the receipt or notification of solicitations through any other source.

B. QUESTIONS and INQUIRIES Questions and inquiries about this Solicitation shall be submitted in writing to the following individual:

Dominique Esquivel

Email: dominique.esquivel@co.caldwell.tx.us

The deadline for written questions is September 24th, 2026 at 2:00 p.m. central time. This deadline has been established in order to provide adequate time for County staff to prepare responses to questions from Proposers.

Proposers shall not attempt to contact County Officials or Employees directly during the pre-proposal or post-proposal period. The County intends to respond to all appropriate questions or concerns; however, the County reserves the right to decline to respond to any question or concern. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the RFQ and must be acknowledged in the SOQ response. Only written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

C. SCHEDULE OF IMPORTANT DATES

The County will generally comply with the following schedule for the selection process, subject to changes necessary to ensure fairness and to accommodate unanticipated events:

Release RFQ August 27th, 2026 Deadline for Questions and Inquiries 2:00 PM CST September 24th, 2026 http://www.bidnetdirect.com/caldwellcounty

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Proposals Closing and Opening of bids 2:00 PM CST October 1st, 2026 Earliest Award by County October 8th, 2026

D. PRE-PROPOSAL CONFERENCE

Not applicable to this RFQ.

E. CERTIFICATION

This Solicitation includes a certification page. Respondent must:

1. Furnish complete name, mailing address, telephone number and email of the individual duly authorized to execute contractual documents on behalf of the Respondent.

2. Furnish name of individual(s), along with respective telephone numbers and email addresses, who will be responsible for answering all questions.

3. Certify that they have not conspired with any other potential Respondents in any manner to attempt to control competitive pricing.

4. Certify that they are duly qualified, capable and otherwise qualified business entity not in receivership or contemplating same, and has not filed bankruptcy.

F. EXCEPTIONS

Any deviations from terms, conditions or request for qualifications contained herein must be clearly indicated in the Response to this Solicitation in writing at or before the due date and time.

Any deviations or exceptions are subject to review by the County and may deem the Response disqualified or non-responsive. If no exceptions are stated, it will be understood that all general terms and conditions and specific requirements will be complied with, without exception.

G. DISCLOSURE OF INTERESTED PARTIES

Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the Commissioner’s Court before the contract may be signed; or (2) has a value of at least $1 million.

The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency.

The process as implemented by the Texas Ethics Commission (“TEC”) is as follows:

1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the County.

2. The copy of Form 1295 submitted to the County must contain the unique certification number from the TEC. The form must be filed with the County pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the County.

The County, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th day after the date the County receives the disclosure of interested parties from the business entity.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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STANDARD TERMS and CONDITIONS

A. ADDENDA

If it becomes necessary to revise any part of this Solicitation, prior to the due date and time, a written addendum will be provided clarification to all known interested Respondents. The County is not bound by any oral representations, clarifications, or changes made in the Request for Qualifications by the County’s employees, unless such of change is provided to Respondents in written addendum form from the County.

Addenda will be transmitted to all that are known to have received a copy of the Request for Qualification. However, it shall be the sole responsibility of the Respondent to verify issuance of any addenda and to check all avenues of document availability prior to the opening date and time.

Respondent shall provide written acknowledgment of all addenda.

B. ADVERTISING and PUBLICITY Firm shall not advertise or otherwise publicize, without the County’s prior written consent, the fact that the County has entered into the Agreement, except to the extent required by applicable law.

C. ASSIGNMENTS

The Agreement shall be binding upon and inure to the benefit of the County and the Firm, and their respective successors and assignees, provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Firm without the prior written consent of the County. Any attempted assignment or delegation by the Firm shall be void unless made in conformity with this Paragraph. The Agreement is not intended to confer any rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there is no third-party beneficiaries to the Agreement.

D. BUSINESS PRACTICES

Minority business enterprises and/or historically underutilized businesses will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award.

E. CANCELLATION or TERMINATION

1. Non-Appropriation:

The resulting Agreement is a commitment of the County’s current revenues only. It is understood and agreed that the County shall have the right to terminate the Agreement if, for any reason, funds are not appropriated to continue this Agreement.

2. Cancellation:

The County reserves the right to cancel the Agreement for default for all or any part of the delivered portion of the deliverables if the Firm breaches any term including warranties or becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which the County may have in law or in equity.

F. CLAIMS

If a claim, demand, suit or other action is asserted against the Firm which arises under or concerns the Agreement, or which could have a material adverse effect on the Firm’s ability to perform

Page | 7 thereunder, the Firm shall give written notice to the County within ten (10) calendar days after receipt of notice by the Firm. Such notice to the County shall state the date of notification of any such claim, demand, suit or other action; the names and address of the claimant(s); the basis thereof; and the name of each person against whom such claim is asserted. Such notice shall be delivered to the 110 S. Main Street Lockhart, Texas 78644.

G. CODES, PERMITS, LICENSES

Firm shall comply with all federal, state and local standards, codes and ordinances, as well as other authorities that have jurisdiction pertaining to the products delivered and their application. None of the terms or provisions of the Agreement shall be construed as waiving any rules, regulations or requirements of these authorities. Firm shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations to the County.

H. COLLUSION

Advanced disclosures of any information to any particular Respondent which gives that particular Respondent any advantage over any other interested Respondent in advance of the due date, whether in response to advertising or an informal request for proposals, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all responses to that particular solicitation or request.

I. COMMUNICATION

To insure the proper and fair evaluation of this Proposal, the County prohibits ex parte communication (e.g., unsolicited) initiated by the Respondent to the County Official or Employee evaluating or considering the Responses prior to the time an award has been made.

Communication between Respondents and the County will be initiated by the appropriate County Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Statement(s) of Qualification. Ex parte communication may be grounds for disqualifying the offending Respondent from consideration or award, or any future Solicitation.

Unless otherwise specified, all requests for clarification or questions regarding a Solicitation must be directed as provided herein.

J. CONFIDENTIALITY

In order to provide the deliverables to the County, Firm may require access to certain of the County’s and/or its licensors’ confidential information (including, but not limited to, inventions, employee information, trade secrets, confidential know-how, confidential business information and other information which the County or its licensors consider confidential) (collectively, “Confidential Information”). Firm acknowledges and agrees that the Confidential Information is the valuable property of the County and/or its licensors, and any unauthorized use, disclosure, dissemination or other release of the Confidential Information will substantially injure the County and/or its licensors. The Firm (including its employees, subcontractors, agents or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate or otherwise use the Confidential Information without the prior written consent of the County, or in a manner not expressly permitted under the Agreement, unless the Confidential Information is required to be disclosed by law or as a result of an order of any court or other governmental authority with proper jurisdiction, provided the Firm promptly notifies the County prior to disclosing such information so as to permit the County reasonable time to seek an appropriate protective order. The Firm agrees to use protective measures no less stringent than the Firm uses within its own business to protect its own most valuable information, Page | 8 which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information.

K. DEFAULT

Firm shall be in default under the Agreement if the Firm (a) fails to fully, timely and faithfully perform any of its material obligations under the Agreement, (b) fails to fully, timely and faithfully perform any of its material obligations under any agreement Firm has with the County, (c) fails to timely pay any fees or taxes owed to the County, (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States, or (e) makes a material misrepresentation in Respondent’s Proposal, or in any report or deliverable required to be submitted by Firm to the County.

L. DELAYS

The County may delay scheduled deliveries or other due dates by written notice to the Firm if the County deems it is in its best interest. If such delay causes an increase in the cost of the work under the Agreement, the County and the Firm shall negotiate an equitable adjustment for costs incurred by the Firm in the Agreement price and execute an amendment to the Agreement. The Firm must assert its right to an adjustment within ten (10) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution Process specified herein. However, nothing in this provision shall excuse the Firm from delaying the deliveries as notified.

M. DISCLOSURE

At the due date and time there will be no disclosure of contents of any Proposal to competing Proposers, and all Proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the Firm identifies as proprietary, all Proposals will be open for public inspection after the contract award.

N. DISCLOSURE OF PENDING LITIGATION:

Each Respondent shall include in its proposal a complete disclosure of any material civil or criminal litigation or pending investigation which involves the Respondent or in which the Respondent has been judged guilty.

O. DISPUTE RESOLUTION

If either the Firm or the County has a claim, dispute or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under the Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, the Agreement.

If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect.

If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute.

P. FORCE MAJEURE

Neither party shall be liable for any default or delay in the performance of its obligations under the Agreement if, while and to the extent such default or delay is caused by acts of God, fire, riots, Page | 9 civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond reasonable control. In the event of default or delay in performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform.

Q. FRAUD

Fraudulent statements by the Respondent in the Proposal or in any report or deliverable required to be submitted by the Firm to the County shall be grounds for termination of the Agreement for cause by the County and may result in legal action.

R. GRATUITIES

The County may, by written notice to the Firm, cancel the Agreement without liability if it is determined by the County that gratuities were offered or given by the Firm or any agent or representative of the Firm to any officer or employee of the County with the intent of securing the Agreement or securing favorable treatment with respect to awarding or amending or the making of any determinations with respect to performance of the Agreement. In the event the Agreement is cancelled by the County pursuant to this Section, the County shall be entitled, in addition to any other rights and remedies, to recover the benefits or payments to the Firm, as a result of the gratuities.

S. INDEPENDENT CONTRACTOR

Nothing in this Request for Qualifications is intended to be construed as creating an employer/employee relationship, a partnership or joint venture. The Firm’s services shall be those of an independent contractor. The Firm agrees and understands that the Agreement does not grant any rights or privileges established for employees of the County. Firm shall not be within protection or coverage of the County’s Worker Compensation Insurance, Health Insurance, Liability Insurance or any other insurance that the County, from time to time, may have in force.

T. INDEMNITY

FIRM SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE COUNTY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF

ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON OR FOR

DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY

THE CONTRACTOR UNDER THE CONTRACT.

U. INSURANCE REQUIREMENTS

Upon request, Firm shall provide a copy of its insurance policies to the County.

V. INTERPRETATION

The Agreement is intended by both parties as the final, complete and exclusive statement of the terms of their Agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Agreement. Although the Agreement may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner fair to both parties, reading no provision more strictly against one party of the other. Whenever a term defined by the Uniform Commercial Code (the “UCC”), as enacted by the State of Texas, is used in the Agreement, the UCC definition shall control unless otherwise defined in the Agreement.

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W. INVALIDITY

The invalidity, illegality or unenforceability of any provision of the Agreement shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace the stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is the essence of the Agreement be determined to be void.

X. LIABILITY

Any person, firm or corporation party to the Agreement shall be liable for all damages incurred while in the performance of the Agreement. Firm assumes full responsibility for the terms contained herein and hereby releases, relinquishes, and discharges the County, its officers, agents and employees from all claims, demands and causes of action of any nature including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third party, supplier or an employee of either of the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties, caused by or alleged to have been caused by, arising out of or in connection with the issuance of the Agreement to the Firm and the negligence of the Firm, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificates of insurance may be required for, but not limited to, Commercial General Liability, Business Auto Liability, Workers Compensation and Professional Liability Insurance.

Y. LIENS

Firm shall defend, indemnify and hold the County harmless from and against any and all liens and encumbrances for all services delivered under this Agreement. At the County’s request, the Firm or its subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the County.

Z. MANAGEMENT

Should there be a change in ownership or management, the Agreement may be canceled unless a mutual Agreement is reached with the new owner to continue the Agreement with its present terms, conditions and pricing. The Agreement is nontransferable by either party.

AA. NOTICES

Unless otherwise specified, all notices, requests or other communications required or appropriate to be given under the Agreement shall be in writing and deemed delivered three (3) business days after postmarked if sent by US Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, fax, or other commercially accepted means. Notices to the Firm shall be sent to the address specified in the Firm’s Statement of Qualifications or at such other address as a party may notify the other in writing. Notices to the County shall be addressed to: 110 S. Main Street Lockhart, Texas 78644 and marked to the attention of Dominique Esquivel.

BB. PAYMENT TERMS

1. Tax Exempt Status:

The County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates

Page | 11 are furnished upon request. Firm will not charge for such taxes. If billed, the County will not remit payment until a corrected invoice is received.

Under Ruling No. 9, Repairment and Contractor (amended April 3, 1962) Limited Sales, Excise and Use Tax Rules and Regulations, Comptroller of Public Accounts, State of Texas, tangible personal property (materials) becoming a part of improvements and structures and incorporated in such, under lump sum contracts, are not subject to sales tax when the cost of such materials is segregated from the cost of skill, labor, and all other materials not becoming a part of the improvement of structure. Under the interpretation of this ruling, contract will state not only the lump sum but also the value of materials and value of skill, labor, etc. Proposals are to be tendered in lump sum only.

2. Invoicing Requirements:

Unless otherwise specified, all invoices shall be submitted to 110 S. Main Street Lockhart, Texas 78644 and issued as required by the Purchase Order or Agreement. Each invoice must reference the unique Purchase Order number, and include the Firm’s complete name and remit to address. If applicable, transportation and delivery charges must be itemized on each invoice.

3. Payment Terms:

All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The County will pay Firm within thirty days after acceptance of goods or services delivered, or the day of receipt of a correct invoice, whichever is later. The Firm may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the County in the event: (a) there is a bona fide dispute between the County and Firm concerning the goods or services delivered, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the County from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Firm and a subcontractor and its suppliers concerning deliveries made, which caused the payment to be late; or (d) the invoice is not mailed to the County in strict accordance with instructions on the Purchase Order or Agreement, or other such contractual agreement.

4. Firm Pricing:

The price shall remain firm for the duration of the Agreement, or any extension period, unless expressly approved in writing. No separate line item charges shall be permitted for any extraneous charges. Firm further certifies that the cost proposal has been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other Respondent or with any competitor.

5. Price Warranty:

The Firm warrants the prices quoted are not materially higher than the Firms current prices on services provided to others for like deliverables under similar terms of purchase.

In addition to any other remedy available, the County may deduct from any amounts owed to the Firm, or otherwise recover, any amounts paid for services materially in excess of the Firm’s current prices on services to others for like deliverables under similar terms of purchase.

6. Travel Expenses:

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All travel, lodging and/or per diem expenses associated with providing the services specified must be included in the Agreement. All travel expenses are subject to review by the County and documentation of actual itemized expenses may be requested. No reimbursement will be made without prior authorization, or for expenses not actually incurred. Airline fares in excess of coach or economy will not be reimbursed.

CC. PERSONAL INTEREST

No employee of County may have any financial interest, directly or indirectly, in any proposed or existing agreement, purchase, work, sale or service to, for, with or by the County.

DD. PRIORITY OF DOCUMENTS

In the event there are inconsistencies between the general provisions and special (or other) terms and conditions contained herein, the latter will take precedence.

EE. PUBLIC INFORMATION

All Responses are subject to release as public information unless the Response or specific parts of the Response can be shown to be exempt from the Texas Public Information Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The County assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.

If a Respondent believes that a Response or parts of a Response are confidential, then the Respondent shall specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the Response, which the Respondent believes to be confidential.

Vague and general claims as to confidentiality shall not be accepted. All Responses and parts of Responses that are not marked as confidential will be automatically considered public information.

FF. EQUAL EMPLOYMENT OPPORTUNITY. All Responses shall be in compliance with Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375, and as supplemented in the Department of Labor Regulations (41CFR Part 60). No individual shall be excluded from participating in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of, or in connection with, any such program because of race, color, religion, sex, national origin, age, handicap, or political application or belief.

GG. REIMBURSEMENTS

There is no expressed or implied obligation for the County to reimburse responding Firms for any expenses incurred in preparing SOQs in response to this Request for Qualification and the County will not reimburse responding Firms for these expenses, nor will the County pay any subsequent costs associated with the provision of additional information or presentation, or to procure a contract for these goods or services.

HH. REPRESENTATIONS and RESPONSIBILITIES By submitting a SOQ in response to this RFQ, Proposer represents that it has carefully read and understands all elements of this RFQ; has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the work; and has full knowledge of the scope, nature, quality and quantity of services to be performed.

The failure or omission of Proposer to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with existing conditions or other details shall in no way relieve any Proposer from any obligations with respect to its proposal or to the contract.

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II. RESERVATIONS

The County reserves the right to request clarification or additional information specific to any response after all Responses have been received and the solicitation due date has passed.

Additionally, the County reserves the right to accept or reject all or part of any Response, waive any formalities or technical inconsistencies, delete any portion of the Scope of Work, or terminate the Solicitation when deemed to be in County’s best interest.

JJ. RESPONSES BECOME PROPERTY OF THE COUNTY

Submissions received in response to this Request for Qualification become the sole property of the County.

KK. RIGHT TO ASSURANCES

In the event the County, in good faith, has reason to question the intent of the Firm to perform, the County may demand written assurances of the intent to perform. In the event no written assurance is given within the time specified, the County may treat this failure as an anticipatory repudiation of the Agreement.

LL. SEVERABILITY

The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision.

MM. STATE LAW REPRESENTATIONS

To the extent the Agreement is considered a contract for goods or services for which a written verification is required, the Firm, for purposes of sections 2252.152, 2271.002, 2274.002, and 2276.002, Texas Government Code, as amended, hereby verifies that the Firm and any parent company, wholly owned subsidiary, majority-owned subsidiary, and affiliate:

1) Do not boycott energy companies and will not boycott energy companies during the term of such contracts. “Boycott energy company” has the meaning provided in section 809.001 of the Texas Government Code.

2) Do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of such contracts. “Discriminate against a firearm entity or firearm trade association” has the meaning provided in section 2274.001(3) of the Texas Government Code. “Firearm entity” and “firearm trade association” have the meanings provided in section 2274.001(6) and (7) of the Texas Government Code.

3) Do not boycott Israel and will not boycott Israel during the term of such contracts. “Boycott Israel” has the meaning provided in section 808.001 of the Texas Government Code.

4) Unless affirmatively declared by the United States government to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization, are not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under section 2252.153 or section 2270.0201 of the Texas Government Code.

NN. SURVIVABILITY OF OBLIGATIONS

All provisions of the Agreement that impose continuing obligations on the parties, including but not limited to the warranty, indemnity and confidentiality obligations of the parties, shall survive the expiration or termination of the Agreement.

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OO. FIRM’S OBLIGATION

Firm shall fully and timely provide all deliverables described in this Solicitation, Firm’s response must be in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations.

PP. VENUE

The Agreement shall be fully performable in County, and the venue for any action related to this Agreement shall be County. All issues arising from the Agreement shall be resolved in the courts of County and the parties agree to submit to the exclusive personal jurisdiction of such courts.

The foregoing, however, shall not be construed or interpreted to limit or restrict the right or the ability of the County to seek and secure injunctive relief from any competent authority as contemplated herein and does not waive the County’s defense of sovereign immunity.

QQ. WAIVER

No claim or right arising out of a breach of the Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Firm or the County of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Agreement, or an express or implied acceptance of any other existing or future default(s), whether of similar or different character.

RR. WITHDRAWAL

Respondents may request withdrawal of a sealed Statement of Qualifications prior to the scheduled opening time, provided the request for withdrawal is submitted to the County in writing.

BACKGROUND and CURRENT CIRCUMSTANCES

A. CALDWELL COUNTY, TEXAS

With several major developments planned for the area, Caldwell County is poised for continued growth in the tax base over the next several years. Investments in infrastructure will be required as well as a cohesive strategy for managing this growth.

Caldwell County is experiencing the same economic issues that other counties are in the state of Texas with Senate Bill 2 and continued population growth. These two major concerns will have to be taken into consideration when working with the FY 2026-27 budget.

With anticipated growth in the rural areas of Caldwell County there will be significant needs throughout the County.

B. Scope The County seeks to enter into an agreement with a qualified Individual, Firm or Corporation (Proposer) with substantial and relevant experience and expertise to provide Master Development Services in connection with proposed design and construction of:

1. Administrative Complex

2. New Jail / Jail Expansion

3. Rodeo Arena / Show Barn

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4. Animal Shelter

5. Any new or additional county infrastructure plans

SCOPE of WORK

The proposed firm will be required to provide the following services.

A. Needs Assessment

1. Conduct a comprehensive assessment of the county facilities listed in the scope to evaluate current conditions, capacity, and support area needs. This analysis will align with the requirements set forth, ensuring that the evaluation encompasses facility type, capacity, and support areas necessary for compliance with industry best practices.

2. Review current county operations, including staffing levels, and program offerings, to identify areas for improvement and ensure alignment with best practices and compliance standards.

3. Analyze historical and current population data to project future trends. This will inform capacity planning and help determine the need for facility expansion or renovation.

4. Evaluate the facility's adherence to, identify any deficiencies and recommend corrective actions to achieve and maintain compliance.

5. Develop strategic recommendations for expansion or renovation, including conceptual design options that address identified needs and support areas, ensuring they can meet projected demands and compliance requirements.

6. Provide preliminary cost estimates for proposed expansion or renovation options, facilitating informed decision-making regarding capital investments.

7. Engage with County leadership, county departments and employees, and other relevant stakeholders to gather input, ensure alignment with County objectives, and incorporate feedback into the needs assessment and planning process.

8. Compile findings, analyses, and recommendations into a comprehensive final report, serving as a foundational document for subsequent planning, design, and implementation phases.

B. Site, Design, and Development Planning

1. Conduct site visits and attend planning meetings with County representatives

2. Conduct a detailed assessment of the proposed site, including but not limited to title review, boundary/topographical surveys, soil borings and geotechnical testing, landscape drawings, water analysis, civil engineering analysis and/or environmental site assessment.

3. In consultation with the County, prepare preliminary design and/or construction plans and specifications based upon any budget and/or site constraints.

4. Work with the County, their financial advisor, and bond counsel to develop a development financing strategy with the objective of obtaining the lowest cost of capital.

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5. Confirming the ability to obtain all necessary governmental approvals and permits for the development and construction of any proposed improvements and/or expansions of the county facilities.

6. Preparation of a detailed development schedule for any proposed improvements and/or expansion of the county facilities.

7. The preparation of a comprehensive guaranteed maximum price (“GMP”) development budget for any proposed improvements and/or expansion of the county facilities.

C. Construction Phase Services

1. Provide full-service construction management for all phases of construction, including coordination of contractors, subcontractors, and vendors

2. Administer and enforce the terms of all construction contracts, including schedule, cost, and quality requirements

3. Conduct regular construction progress meetings with County representatives and project stakeholders

4. Monitor contractor performance to ensure compliance with plans, specifications, and applicable codes and standards

5. Maintain and update a detailed master project schedule, including all phases of construction across project components

6. Coordinate sequencing of multiple facilities to optimize delivery and minimize disruptions to

County operations

7. Manage the Guaranteed Maximum Price (GMP) and overall construction budget

8. Review, validate, and process contractor pay applications and invoices

9. Coordinate and oversee commissioning of all building systems, including mechanical, electrical, plumbing, security, and detention systems

10. Provide regular written progress reports to the County, including schedule status, budget updates, and key issues

11. Maintain open communication with County leadership, user groups, and stakeholders throughout construction

12. Coordinate with County staff to minimize operational disruptions during construction activities

13. Manage the substantial completion process, including punch list development and completion

14. Ensure delivery of all closeout documentation, including as-built drawings, warranties, and operation & maintenance manual

15. Provide post-construction support during the warranty period, including coordination of warranty claims and issue resolution

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SUBMISSION REQUIREMENTS

The County will not accept oral proposals, or proposals received by telephone or FAX machine. Only hand delivered and electronic proposals will be accepted. Proposals must be prepared simply and economically, providing a straightforward, concise description of Proposer’s ability to meet all requirements and specifications of this RFQ. Emphasis should be focused on completeness, clarity of content and responsiveness to all requirements of this RFQ.

Hand delivered SOQ’s must be submitted in hard copy. Proposer shall submit 1 original and 1 copy of the entire proposal (copy may be on a thumb drive).

Electronic SOQ’s must be submitted to www.bidnetdirect.com//caldwellcounty

The County requires responses to every section within this RFQ. To facilitate the review of the responses, Respondents shall follow the described format. The intent of the proposal format is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, but to assure that the specific requirements set forth is this RFQ are addressed in a uniform manner amenable to review.

Any SOQ that does not meet all of the minimum requirements contained herein will be considered non-responsive and will not be evaluated. These minimum requirements are considered pass or fail criteria and includes:

1. SOQ must be received by the due date and time;

2. Certification must be signed and returned with SOQ; including acknowledgement of any addenda issued.

SOQ’s that pass the minimum requirements listed above will be evaluated, rated, and ranked, in accordance with the criteria provided below. The County may request additional information, site visits, interviews, or presentations from the Firm as part of the evaluation process.

A. Respondent’s Statement of Qualifications and Availability to Undertake the Services

1. Provide a statement of interest including a narrative describing the firm’s qualifications and availability.

2. Provide a brief history of the firm including all office location(s), legal status and officers.

3. Address the firm’s ability to perform the Master Development Services described above.

4. Identify key personnel who will negotiate for the firm and who will be assigned to manage an agreement and describe their respective roles and locations.

5. Provide a resume for each individual identified to demonstrate their relevant experience to fulfill requirements under an Agreement.

6. Provide the firm’s organization chart to demonstrate how project personnel will be organized to fulfill requirements under an agreement.

7. Provide evidence that the firm is legally authorized to perform the Services in Texas.

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8. Provide a list, description and qualifications of all entities (including general contractor, architect, and engineer(s)) that may be entering into agreements with Respondent or to provide the services to Respondent.

B. Respondent’s Previous Development Experience

List a minimum of four (4) examples of relevant, previous projects undertaken by the firm that best demonstrates the firm’s capacity and expertise to fulfill the required Pre-Development Services requested herein. Each example should be well organized and identify key personnel who worked on the example project. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

• Project name, location, and description.

• Color images (photographic or machine reproductions)

• Final construction cost, including change orders.

• Final Project size in gross square feet.

• Type of construction (new, renovation, or expansion).

• Actual start and finish dates for construction.

• Description of services the firm provided for the project (design, financing, construction, management, maintenance, etc.).

• Name and phone number of the project manager or the firm’s individual responsible for the overall success of the project.

• Key subcontractors (financial partner, architect, general contractor, manager, etc.)

• The owner/tenant’s name and representative(s) who would be most familiar with the construction and management phases of the project, including telephone number.

• Describe the financing strategy and structure used to finance the projects and how your firm assisted with the development and implementation of the financing strategy and structure.

References shall be considered relevant based on specific project participation by the Respondent. County may contact references during any part of this process. County reserves the right to contact any other references at any time during the RFQ process.

Note: Past experience in the State of Texas and demonstrated knowledge and understanding of Texas markets is also preferred. Demonstrated experience with a variety of building and construction types is also useful.

EVALUATION and SELECTION PROCESS

The County has attempted to provide a comprehensive Request for Qualifications through this solicitation for the work contemplated. Written proposals must present Proposer's qualifications and understanding of the work to be performed. Respondents are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals must be as thorough and detailed as possible so that the County may properly evaluate capabilities to provide the requested services.

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The County will first select the most highly qualified provider for the services on the basis of demonstrated competence and qualifications; and then attempt to negotiate with that provider a contract at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified provider for the services, the County will formally end negotiations with that provider; select the next most highly qualified provider; and attempt to negotiate a contract with that provider at a fair and reasonable price.

The County will continue this process to select and negotiate with providers until a contract is entered into.

Clarity and Quality of Proposal

Firms must provide comprehensive responses to every section within this RFQ in the described format. It is not the intent of the County to constrain Firms with regard to content, but to assure that the specific requirements set forth in this RFQ are addressed in a uniform manner amenable to review and evaluation.

Failure to do so may result in your Proposal being disqualified from further review and consideration.

By submission of a proposal, Proposer acknowledges acceptance of the evaluation process, scope of work, approach and methodology, and all other terms and conditions set forth in this RFQ. Further, Firms acknowledge that subjective judgements must be made by the County during this process.

The County makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, including:

• Reject any and all SOQs received as a result of this RFQ.

• Waive or decline to waive any informality and any irregularities in any proposal or responses received.

• Negotiate changes in the Scope of Work or services to be provided.

• Withhold the award of contract(s).

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