Construction Manager At-Risk for JPS Campus Fiber Loop Project

Respondent Name: ________________

TARRANT COUNTY HOSPITAL DISTRICT d/b/a

JPS HEALTH NETWORK

RFP NO. 25-0917

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGER AT-RISK FOR

JPS Campus Fiber Loop Project

(One-Step Process)

Opening Date:

Month Day, Year

March 16, 2026

2:15 P.M. CST

TABLE OF CONTENTS

I. INTRODUCTION, OVERVIEW, AND GENERAL TERMS 2 – 7

II. GENERAL SUBMISSION REQUIREMENTS AND CONTRACT
TERMS AND CONDITIONS 7 – 13

III. EVALUATION AND SELECTION PROCESS 13 – 14

IV. EVALUATION CRITERIA 14– 16

V. PROPOSAL SUBMITTAL REQUIREMENTS 16 – 20

EXHIBIT A – RFP PROPOSAL CHECKLIST 20 – 21

EXHIBIT B – CONTRACT FORM (A133 – 2019 and A201-2017 (as modified) 22

EXHIBIT C –GENERAL CONDITIONS 23

EXHIBIT D – BID FORM 24 – 30

EXHIBIT E –VERIFICATION FORM 31

EXHIBIT F – GOOD FAITH EVALUATION FORM 32 –33

EXHIBIT G – CONFLICT OF INTEREST QUESTIONNAIRE FORM 34 – 36

EXHIBIT H – RESPONDENT’S PROPOSED AMENDMENT FORM 37 - 38

EXHIBIT I – PROPOSAL SIGNATURE FORM 39

EXHIBIT J – SAMPLE FORMS 41

- Exhibit J-1 – FORM OF BID BOND

- Exhibit J-2 – FORM OF PAYMENT & PERFORMANCE BOND

- Exhibit J-3 – AIA G702 APPLICATION AND CERTIFICATION FOR PAYMENT

- Exhibit J-4 – AIA G703 CONTINUATION SHEET

- Exhibit J-5 – AIA G704 CERTIFICATE OF SUBSTANTIAL COMPLETION

- Exhibit J-6 – WAIVER AND RELEASE DOCUMENTS

- Exhibit J-7 – AIA G707 CONSENT OF SURETY TO FINAL PAYMENT

- Exhibit J-8 – AIA G707A CONSENT OF SURETY TO REDUCTION IN RETAINAGE

*NOTES: (1) EXHIBITS A, D, E, F, G, H AND I MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL. This Table of Contents is intended as an aid to Respondents and not as a comprehensive listing of the bid package. Respondents are responsible for reading the entire bid package and complying with all requirements in this RFP and all documents referenced in this RFP and bid package.

I. INTRODUCTION, OVERVIEW, AND GENERAL TERMS

1.1 General Information. Pursuant to the provisions in Section 2269, Subchapter F of the Texas Government Code (“Chapter 2269”) and related laws, the Tarrant County Hospital District d/b/a JPS Health Network (the “District”) is seeking Proposals ("Proposals", individually a "Proposal") from interested parties (“Respondents”) qualified and experienced in providing Construction Manager At-Risk (“CMR”) services in connection with JPS Campus Fiber Loop Project (the “Project”), including but not limited to all preconstruction and construction services (the "Work"). The District will use the one-step selection process for this RFP and award and will choose the Respondent who offers the best value to the District based on the Evaluation Criteria (as defined herein) specified in this RFP. Services required consist of (i) preconstruction services including, but not limited to constructability guidance, cost estimation, site evaluation, scheduling; (ii) provision of a Final Guaranteed Maximum Price (not to exceed the Initial Guaranteed Maximum Price included in the Proposal) following request from the District; and (iii) construction phase services consistent with the requirements of this RFP and the District as more fully described below in Section 1.2 and in this RFP. The applicable surveys, models, sketches, drawings, specifications, digital models, and other similar materials for construction of the Project (“Construction Documents”) have been prepared by Burn’s Engineering. (“Architect”). The Construction Documents may be obtained at no charge at District’s online “JPS Procurement System” located on the District’s Website at: https://jpshealth.gob2g.com/ (the “District’s RFP Portal”). All Respondents are responsible for obtaining and examining the Construction Documents prior to submission of a Proposal.

1.2 Project Scope and Project Requirements. The selected Respondent must collaborate with the District, and its Project Manager, Architect and engineers during the completion of the Construction Documents in order to provide preconstruction services including, but not limited to advising the District on proposed site use and improvements; selection and availability of materials and labor; constructability guidance; cost estimation; time requirements for procurement, installation and construction; use of temporary facilities; factors related to the cost of the Work including cost of alternative designs or materials, preliminary budgets and life-cycle data, resolution of conflicts in the proposed drawings and specifications as they evolve; methods of delivery and handling of materials, systems, and equipment; traffic, parking and materials and equipment storage in and around the site; safety issues and available precautions related to the Work; scheduling issues including phased construction and potential fast track scheduling; attendance at public meetings concerning the design, development, scheduling and Work of the Project; and any other matters necessary to accomplish the Project in accordance with the District’s schedule. Following the District’s acceptance of the Final GMP Proposal and execution of the Final GMP Amendment (or earlier in accordance with a Work package authorization), the selected Respondent shall provide all labor, materials, and equipment, coordination management, and supervision necessary for the construction of the following improvements: The current data center is housed in the Main Hospital basement and will be moving to the New CUP. This will allow uninterrupted connectivity to all JPS campus once the old Hospital is demolished in 2034. The selected Respondent will have overall responsibility for and shall provide complete Preconstruction Phase Services and Construction Services for the Project as set forth in the Contract Form (as defined below in Section 1.3).
The estimated Project Budget is $20,000,000. This budget is subject to change. This budget is considered to be a ROM for the purpose of establishing a not to exceed limit. The intent of the preconstruction services is to focus on refining the budget,  applying risk mitigation and phasing strategies that ensure the cost of work is appropriately valued for the project needs, define assumptions and constraints with the objective being achieving a project GMP and project schedule that remains stable through completion. The district requires the improvements to reach substantial completion by: Mid-Q-3 2029. The District requires the improvements to reach final completion by: Early Q-4 2029.

1.3 Form of Contract. Any contract resulting from this RFP will be in the form of contract and all exhibits to the form of contract attached to this RFP as Exhibit B (the “Contract Form” or the “Contract”). Respondents must provide written confirmation of their acceptance of the Contract Form, inclusive of its respective exhibits and attachments in the Proposal. TO ENSURE THAT THIS RFP IS BASED ON FAIR COMPETITION, THE CONTRACT FORM AND THE TERMS AND CONDITIONS DESCRIBED IN THIS RFP AND Exhibit B ARE NON-NEGOTIABLE. Proposed changes, amendments, and/or revisions to the Contract Form may submitted, subject to the limitations and provisions of Section 2.19 and Exhibit H. Any and all proposed revisions shall be presented within Exhibit H - Respondents Proposed Revisions Form. After the Contract Award has been made, the District reserves the right to finalize the details of the agreement between the parties in the Contract with the selected Respondent.

1.4 Disadvantaged Business Enterprise Participation. The District maintains a policy of encouraging and engaging in business transactions with vendors who qualify and are certified under applicable law as Historically Underutilized Businesses (“HUBs”), Small Minority and Women Owned Business Enterprises (“SMWBEs”), and Individuals with Disabilities and Service-Disabled Veterans Owned Business Enterprises (“DOBEs”). HUBs, SMWBEs, and DOBEs are referred to herein as Disadvantaged Business Enterprises (“DBEs”). The District establishes a good faith target goal of 25% DBE participation for this Project. The District also encourages the use of subcontractors and other vendors who qualify and are certified under applicable law as DBEs. Prior to the Contract award a Respondent’s good faith efforts to utilize DBE consultants, subcontractors and vendors with respect to the Project shall be part of the criteria under which the Proposals will be considered. Respondents will be required to show in the Proposal historical efforts to utilize DBE consultants, subcontractors and vendors on other projects and its intent to utilize DBE consultants, subcontractors, and vendors with respect to this Project...

1.5 COMPLIANCE WITH APPLICABLE LAW AND TEXAS STATUTES

1.5.1 COMPLIANCE WITH APPLICABLE LAW. Respondents shall submit Proposal in accordance with all applicable laws, rules, and regulations. In the event a Contract award is issued pursuant to this RFP, Respondent receiving the award shall comply with all applicable laws, rules, and regulations in performing the services and Work under the Contract.

1.5.2 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTION 2252.908. Texas Government Code Section 2252.908 (“Section 2252.908") states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits Form 1295, a disclosure of interested parties, to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.  Section 2252.908 applies to all contracts entered into from and after January 1, 2016, between business entities and Texas governmental entities and state agencies which meet either one of the following criteria:

a. the contract requires a vote of the governing body of the Texas governmental entity, or

b. the contract has a contractual value of at least $1 Million.

The Texas Ethics Commission (“TEC”) has adopted a Certificate of Interested Parties form (“Form 1295”) and has made it available on the TEC website.

In 2017 Section 2252.908 was amended to provide that the requirements of Section 2252.908 do not apply to the following contracts entered into or amended after January 1, 2018:

A. a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;

B. a contract with an electric utility, as that term is defined by Section 31.002, Texas Utilities Code; or

C. a contract with a gas utility, as that term is defined by Section 121.001, Texas Utilities Code.

1.5.3 In the event a Contract Award issued pursuant to this RFP, the Respondent receiving the Contract Award shall be required to comply with the provisions of Section 2252.908, Texas Government Code, and the Chapter 46 Rules of the TEC, prior to entry into a contract with the District for the sale of products to the District. The TEC has posted a video tutorial to its website for business entity filings of Form 1295. The TEC video provides step-by-step tutorials for creating login accounts for the business entity for completing and filing Form 1295. The TEC video tutorials can be viewed on its website at:

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

The TEC’s FAQs are posted on its website at:

https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html

1.5.4 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTION 2270.001 et seq. In 2017 Texas Government Code Section 2270.001 et seq. was enacted to provide that a Texas governmental entity is prohibited from entering into a contract with a company unless the contract contains a written verification by the company that (i) the company does not boycott Israel, and (ii) the company will not boycott Israel during the term of the contract. For the purposes of this RFP and any Contract Award pursuant to this RFP, and in compliance with the Texas Government Code, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict harm on, or limit commercial relationships specifically with Israel, or with a person or entity doing business in Israel or in an Israel-controlled territory, but does not include an action made for ordinary business purposes. Respondents are hereby notified that respect to any Contract Award the Respondent shall comply with the Texas Government Code Section 2270.001 et seq. verification requirements, the failure or refusal of which shall result in the withdrawal of the Contract Award. Respondent’s signature affixed to the Signature Form attached to this RFP as Exhibit I shall be deemed to be the Respondent’s certification to the District that the Respondent shall comply with these the terms set forth therein and this Section.

1.5.5 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTIONS 2252.151 et seq. In 2017 Texas Government Code Chapter 2252 was amended by adding Sections 2252.151 et seq. to provide that a Texas governmental entity is prohibited from entering into a contract with a company that engages in certain scrutinized business operations in Sudan, Iran, or with designated foreign terrorist organizations. For the purposes of this RFP and any Contract Award: (i) “scrutinized business operations in Sudan” shall have the meaning ascribed to that term as set forth in Section 2270.0001 et seq. of the Texas Government Code; (ii) “scrutinized business operations in Iran” shall have the meaning ascribed to that term as set forth in Section 2270.0101 et seq. of the Texas Government Code; and (iii) “scrutinized business operations with designated foreign terrorist organizations” shall have the meaning ascribed to that term as set forth in Section 2270.0151 et seq. of the Texas Government Code. Respondent’s signature affixed to the Signature Form attached to this RFP as Exhibit I shall be deemed to be the Respondent’s certification to the District that the Respondent does not engage in scrutinized business operations in Sudan, Iran or with foreign terrorist organizations.

1.5.6 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTIONS 2274.002. In 2021 Texas Government Code Chapter 2274.002 was enacted to provide that a Texas governmental entity is prohibited from entering into a contract with a company unless the contract contains a written verification from the company that it (i) does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association.

1.5.7 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTIONS 2274.002. In 2021 Texas Government Code Chapter 2274.002 was enacted to provide that a Texas governmental entity is prohibited from entering into a contract with a company unless the contract contains a written verification from the company that it (i) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.

1.5.8 TEXAS PUBLIC INFORMATION ACT. EACH RESPONDENT ACKNOWLEDGES THAT THE DISTRICT IS A GOVERNMENTAL BODY OPERATING UNDER AND SUBJECT TO THE PROVISIONS OF THE TEXAS PUBLIC INFORMATION ACT (“TPIA”) (CHAPTER 552 OF THE TEXAS GOVERNMENT CODE) AND THEREBY ACKNOWLEDGES THAT INFORMATION THAT IS COLLECTED, ASSEMBLED, OR MAINTAINED IN CONNECTION WITH THE RFP, THE PROPOSAL, AND THE PROJECT IS THE OFFICIAL BUSINESS BY A GOVERNMENTAL BODY AND IS CONSIDERED PUBLIC INFORMATION POTENTIALLY SUBJECT TO DISCLOSURE PURSUANT TO A VALID TPIA REQUEST AND HEREBY ASSUMES FULL RESPONSIBILITY AND ALL COSTS FOR CHALLENGING ANY REQUESTS FOR INFORMATION IT CONSIDERS CONFIDENTIAL UNDER THE TPIA. RESPONDENTS SHOULD CONSULT THE ATTORNEY GENERAL’S WEB SITE (WWW.OAG.STATE.TX.US) FOR INFORMATION CONCERNING THE APPLICATION OF THE PROVISIONS OF THE TPIA TO PROPOSALS AND PROPRIETARY INFORMATION. ADDITIONAL PROVISIONS FOR TREATMENT AND MARKING OF CONFIDENTIAL PROPRIETARY INFORMATION AND TRADE SECRETS ARE ADDRESSED IN SECTION 3.5.

1.5.9 Prevailing Wage Rates. Respondent agrees to comply with the applicable provisions of Texas Government Code, Title 10 General Government, Subtitle F, Chapter 2258, requiring the payment of wages to workers equal to or above the prevailing rates per diem wages in the locality of the Work. Such compliance shall include without limitation the maintenance of such records of the names, occupations and actual per diem wages paid to each of the workers, which record shall be open at all reasonable hours to the inspection of the District’s representatives.

1.6 Schedule of Events: The District reserves the right to change the dates shown below upon written notification.

Milestone	Date
RFP Issued	01/29/2026
Pre-Proposal Conference	02/12/2026
Written Question Deadline	02/19/2026
Last Day for District to Publish Addendum to RFP	02/26/2026
Proposal Due Date/Opening Date	03/16/2026
Contract Award	TBD

1.7 Pre-Proposal Conference. All Respondents are encouraged to attend the Pre-Proposal Conference scheduled as follows:

DATE: February 12, 2026

TIME: 1:30 to 3:30

LOCATION: Tarrant County Hospital District d/b/a JPS Health Network

Planning, Design and Construction Office

1500 South Main Street

Fort Worth, Texas 76104

Respondents planning to attend the Pre-Proposal Conference should RSVP, in writing, no later than February 9, 2026. Send RSVPs to bid_submissions@jpshealth.org via email. Any Respondent who submits a Proposal without attending the scheduled Pre-Proposal Conference does so at its own risk.

II. GENERAL SUBMISSION REQUIREMENTS AND CONTRACT TERMS AND CONDITIONS

2.1 Submission of Proposal. Those wishing to provide a Proposal in response to this RFP shall submit one complete electronic copy of the information requested in this RFP prior to Two o’clock p.m., Central Time, on March 16, 2026 (such date being the “Due Date” and such time and date being the “Submission Time” by email to bid_submissions@jpshealth.org.

The header must be marked as follows:

RFP# 25-0917

JPS Campus Fiber Loop Project

Respondent’s Name

Month Day, Year – Time (CST)

The overall Proposal shall not exceed 50 printed 8.5” by 11” pages in total, and Proposal content shall not be in a font size less than ten (10) points.

2.2 Labeling of Proposals. All Proposals are due at the Submission address and by the Submission Time. All Proposals must be sealed and clearly marked on the outside of the sealed package with the RFP Number, Project Name, the name of the vendor resubmitting the Proposal, and the Opening Date and time. The original Proposal must be clearly marked "ORIGINAL" and contain all original signatures.

2.3 Use of Required Forms. All Proposals shall be prepared on the forms provided in this RFP and submitted in the manner required by this RFP.

2.4 No stipulations, limitation or qualifications. No additional stipulations, limitations or qualifications shall be made to the RFP Documents nor limit or qualify the Proposal in any other manner other than any amendments proposed within Respondents Proposed Revision Form (Exhibit H) as further defined in Section 2.19 of this RFP. Proposals containing stipulations, limitations or qualifications will be subject to disqualification at the District’s sole discretion.

2.5 Any Proposals received after the Due Date will be returned unopened. If a Proposal is sent by mail or hand delivery to the District, the Proposal will not be deemed submitted until it is actually received at the Submission Location. The Respondent remains responsible for the actual delivery of the Proposal to the District at the Submission Location prior to the expiration of the Submission Time. Proposals not received by the District at the Submission Location prior to or at the Submission Time due to delay in delivery by the postal service or by the internal mail system of the District will not be considered and will be returned unopened.

2.6 RFP Documents. Each Respondent should carefully examine and familiarize itself with this RFP and all exhibits, drawings, specifications, and instructions regarding the Work included in this RFP (collectively, the “RFP Documents”). Each Respondent, by submitting a Proposal represents that Respondent has read and understands this RFP and the RFP Documents attached hereto.

2.7 Required Information. Each Proposal shall be fully complete, shall contain all information required from the Respondent by this RFP (“Required Information”), and shall be signed and executed, on the Signature Form attached hereto as Exhibit I by an officer or other authorized representative of the Respondent. If the Proposal is submitted by an individual, the Proposal must be signed in the name of the individual. If the Proposal is submitted by a corporation, company, association or partnership, the Proposal must be signed by a duly authorized agent, officer or representative on behalf of the entity. Powers of attorney authorizing agents or others to sign are not favored and must be properly certified and must be submitted in writing with the Proposal. Each page of a Proposal shall contain the company name of the Respondent. A Respondent’s failure to provide any of the Required Information in its Proposal or the failure of the Proposal to contain the signature of Respondent’s officer or other duly authorized representative, may result in the District’s disqualification of such Proposal.

2.8. Costs to Prepare Proposal. Each Respondent shall be responsible for and shall bear all costs for the preparation and submission of its Proposal. Unless otherwise designated by Respondent and agreed by the District, the Proposal and all drawings, materials, supporting documentation, manuals, etc. submitted with any Proposal (“Submitted Materials”) will, immediately upon submission, become the property of the District.

2.9 Confidentiality. The District does not guarantee the confidentiality of the Proposal or any Submitted Materials and assumes no responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. Each Respondent submitting a Proposal acknowledges and agrees that any Submitted Materials will be distributed or made available to appropriate District personnel and any District consultants involved in this RFP process and further understands that the Submitted Materials may be subject to disclosure pursuant to the TPIA. Any material that is to be considered confidential or proprietary in nature must be clearly marked as such and shall be treated as confidential to the extent allowable in the TPIA. Pricing information is not considered confidential. Trade secrets or confidential information MUST be placed in a separate envelope marked “CONFIDENTIAL INFORMATION” and EACH PAGE must be marked “CONFIDENTIAL INFORMATION” in a minimum of 14 font.

2.10. Ninety Day Binding Effect. Each submitted Proposal shall binding and enforceable against the submitting Respondent for a period of ninety (90) calendar days after the applicable Proposal Deadline.

2.11 Withdrawal of Proposals. A Respondent may withdraw its submitted Proposal at any time prior to the Opening Date. Alterations made to any Proposal after submission but before the expiration of the Submission Time must be initialed by Respondent to verify authenticity. After the Opening Date, Proposals become the property of the District and may not be amended, altered or withdrawn without the approval of the District or, to the extent required by District policy or Texas law, by the Tarrant County Commissioners Court,

2.12 Tax Exemptions. The District is exempt from Federal Excise and State Sales Tax. The District is not exempt from Surplus Lines Tax or Texas Stamping Tax. Therefore, only taxes from which the District is not exempt will be included in the Proposal.

2.13 No Oral Changes; Request for Interpretation/Questions. No oral explanation with regard to the meaning of anything in this RFP will be made by the District and no oral instructions will be given. Questions and requests for interpretation and/or clarification from interested Respondents related to the information included in this RFP or the RFP Documents or for correction of any ambiguity, inconsistency or error should be directed in writing to the District via email to:

Bid_Submissions@jpshealth.org

2.14 Deadline for Written Questions. No request for interpretation or clarification or question will be answered if submitted after 12:00 pm (Noon), Central Time, on February 19, 2026. (“Written Question Deadline”).

2.15 Resolution of Ambiguities or Inconsistencies. Each Respondent shall examine the Construction Documents and other RFP Documents carefully and, prior to the Question Deadline, shall make written requests to the District for interpretation or correction of any ambiguity, inconsistency or error discovered therein. If a Respondent fails to properly and timely notify the District of such issues, the Respondent submits its Proposal at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the RFP and any resulting Contract, (2) shall not contest the interpretation by District of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction. No answer or response to such request for interpretation or clarification or question or in response to an ambiguity, inconsistency or error will be binding unless and until a written addendum is issued by the District and posted to the District's RFP link.

2.16 Completion of Forms. All forms and exhibits included in and/or otherwise required by this RFP must be fully completed and included in the Proposal. Any deviations or exceptions to the RFP requirements must be referenced on the forms provided with this RFP. Unless deviations are specifically stated herein, all labor, services, equipment and materials required for the Project will be provided in accordance with this RFP. Forms that have been retyped or altered, at the sole discretion of the District, may result in rejection of the Proposal.

2.17 Signature Form. It is the Respondent’s sole responsibility to obtain and review all pages of all Construction Documents, if any, referred to in this RFP and the RFP Document . The Signature Form attached to this RFP as Exhibit I must be signed and returned. Failure to provide signature on this form renders the Proposal non-responsive. Failure to complete and submit the Signature Form and all other forms required by this RFP will be grounds for rejection of the entire Proposal.

2.18 Proposals shall be publicly opened and read aloud on the Opening Date, identified on the in the schedule above to identify the names of Respondents and monetary provisions of such Proposals. The District will then evaluate and rank each Proposal with respect to the Evaluation Criteria published in Article V of this RFP within forty-five (45) days after the opening of Proposals.

2.19 Contract Form.

2.19.1 Any Contract Award resulting from this RFP will be in the form of contract attached to this RFP as Exhibit B (the “Contract Form”). Respondents to the RFP must provide written confirmation of their acceptance of the Contract Form, inclusive of its respective exhibits and attachments in a separate document placed after the Cover Sheet of the Proposal. TO ENSURE THAT THIS RFP IS BASED ON FAIR COMPETITION, THE CONTRACT FORM AND ITS TERMS AND CONDITIONS DESCRIBED IN THIS RFP AND EXHIBIT B ARE NON-NEGOTIABLE. Any proposed revisions to the Contract Form must be submitted by Respondents in accordance with 2.19.2 below.

2.19.2 PROPOSED AMENDMENTS TO CONTRACT FORM. IF ANY RESPONDENT PROPOSES CHANGES TO THE CONTRACT FORM, THE RESPONDENT MUST DO SO BY COMPLETING THE RESPONDENT’S PROPOSED AMENDMENT FORM SET FORTH ON EXHIBIT H TO THIS RFP SHOWING ALL OF THE EXCEPTIONS, ADDITIONS, DELETIONS AND/OR REVISIONS RESPONDENT PROPOSES TO THE CONTRACT FORM (“PROPOSED AMENDMENTS”). THE PROPOSED REVISIONS FORM SHALL BE SUBMITTED WITH EACH RESPONDENT'S RESPONSE TO THIS RFP. A RESPONDENT’S ATTEMPT TO PROVIDE PROPOSED REVISIONS IN ANY MANNER OTHER THAN AS INSTRUCTED MAY RESULT IN THE DISTRICT’S REJECTION OF THE RESPONSE WITHOUT FURTHER EXAMINATION. THE DISTRICT WILL REVIEW ONLY THOSE PROPOSED AMENDMENTS SET FORTH IN THE SIGNED PROPOSED AMENDMENT FORM SUBMITTED WITH THE RESPONSE TO THIS RFP AND MAY ACCEPT OR REJECT ANY OR ALL OF SUCH PROPOSED AMENDMENTS AT ITS SOLE DISCRETION. NO SUCH PROPOSED REVISIONS WILL BECOME EFFECTIVE UNLESS ACCEPTED BY THE DISTRICT, SET FORTH IN A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES. RESPONDENTS MAY NOT REQUEST ADDITIONAL CHANGES TO THE CONTRACT FORM OR SUBMIT PROPOSED AMENDMENTS AFTER THE RESPONSE HAS BEEN SUBMITTED TO THE DISTRICT, NOR WILL THE DISTRICT AGREE TO NEGOTIATE ANY REQUESTED CHANGES TO THE CONTRACT FORM WHICH ARE NOT INCLUDED WITH THE RESPONSE TO THIS RFP IN THE MANNER AND FORM SET FORTH ABOVE IN THIS SECTION AND IN EXHIBIT H.

2.19.3 Right of Audit. The Contract Form will provide that: (i) Respondent (and its contractors and subcontractors, if any) shall maintain such accounts and records in connection with performance of the Work as may reasonably be required by the District, and (ii) the Respondent shall at any reasonable time during the contract term and for a period of one year following completion of Work under the Contract Form, afford the District’s agents and auditors reasonable facilities and access for the examination and audit of its records pertaining to the performance of the Work and shall, upon request by the District, produce and exhibit all such records.

2.19.4 Liquidated Damages. Because the District would suffer financial loss if the Project is not substantially completed on the date specified in the Bid Form (Exhibit D) and/or in the Contract Form, the Contract Form will provide that the Respondent and its surety shall be liable for and shall pay liquidated damages to the District for each date thereafter until completion.

2.20 Miscellaneous

2.20.1 Existing Conditions. Each Respondent, by submitting a Proposal, represents that it has made such visits, investigations, verifications and examinations of the Project site determined necessary by Respondent and has become familiar with the local conditions under which the Work on the Project is to be performed and will be responsible for any and all errors in the Proposal(s) resulting from the failure to do so.

2.20.2 Utilities. The location and elevations of the various utilities and pipe work included within the Construction Documents and other RFP Documents are offered as a general guide only, without guarantee as to accuracy. Prior to submitting a Proposal, the Respondent shall verify and investigate the size, location and elevation of all underground and overhead electric, water, sewer, drainage and other utilities and systems and shall become adequately informed of their relationship to the Work on the Project. Upon written request to the District, all reasonable access to the above shall be granted.

2.20.3 Materials and Equipment. Each Respondent, by submitting a Proposal, represents that the Proposal is based upon the materials, systems and equipment required by the RFP documents without exception. No substitution of materials or equipment will be considered by the District unless proposed in writing by the Respondent before the Written Question Deadline and approved by the District in an addendum as provided by the provisions of this RFP.

2.20.4 Execution of Contract. The person or persons, partnership, company, firm, association or corporation to whom a contract is awarded pursuant to Article IV herein shall, within ten (10) days after such Contract Award, sign the necessary agreements entering into the required Contract with the District. No contract shall be binding on the District until it has been executed by the District or their duly authorized representative and delivered to the Respondent.

2.20.5 Failure of Respondent to Execute Contract. The failure of Respondent to timely provide any of the Bonds (defined below) required by Article IV or to sign the required Contract Form at the request of the District within ten (10) days after the Contract Award, shall be deemed to be an abandonment by Respondent of its Proposal, and the District may annul the Contract Award. By reason of the uncertainty of the market prices of materials and labor, and the impracticality and difficulty of determining accurately the amount of damages accruing to the District by reason of said Respondent's failure to execute said Bonds and Contract Form within said ten (10) day period, the Proposal Guaranty (defined below) accompanying a Proposal shall be the agreed amount of damages which the District will suffer by reason of such failure to execute the Contract Form. The filing of a Proposal will be considered Respondent's acceptance of this provision.

2.20.6 Proposal Guaranty/Bid Bond. No Proposal shall be considered unless it is accompanied by a cashier's check on any State or National Bank in Texas or acceptable Bid Bond from a company licensed to issue bid bonds in the State of Texas, payable unconditionally to the District, in the amount of not less than five percent (5%) of the District’s budget for the Project as provided in Section 1.2. The Proposal Guaranty is required by the District as evidence of good faith and as a guarantee that, if the recipient of the Contract Award, the Respondent will execute the Contract Form and furnish the required Bonds within ten (10) days after the Contract Award. The terms of the Proposal Guaranty are that if a Proposal is selected for Contract Award and is either withdrawn after the opening or the Respondent refuses to execute the Contract Form in accordance with the accepted Proposal, the Respondent (and the surety on any Bid Bond) shall become liable to the District for damages incurred up to the amount of the Response Guaranty. If a Respondent's Bid Bond is used the surety thereon shall designate an agent resident in the local county to whom requisite notices may be delivered and upon whom service of process may be had.

III. EVALUATION AND SELECTION PROCESS

3.1 Acknowledgment. By submitting a Proposal to this RFP, the Respondent: (i) accepts the evaluation and selection process provided in this RFP and acknowledges and accepts that the determination of the Respondent for award of the Contract will require subjective judgments by the District and the individuals involved on behalf of the District in the evaluation process, and (ii) acknowledges and accepts that any costs and expenses incurred by the Respondent in participating in this RFP process will be at the sole cost, risk and responsibility of the Respondent.

3.2 Best Value. The intent of the District is to award a Contract to the Respondent whose qualifications and pricing are considered to be the “best value” for the District based on the Evaluation Criteria set forth herein. The Contract Award resulting from this RFP will be made on the basis of the Proposal providing the best value and which is in the best interest of the District and might not necessarily be awarded to the Respondent submitting the lowest priced Proposal.

3.3 Evaluation Committee. A committee composed of District staff and others selected by the District (“Evaluation Committee”) has been formed to review the Proposals. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Evaluation Committee in accordance with Texas Government Code §2269 and the criteria set forth in this RFP.

3.4 Evaluation Ranking. Not later than forty-five (45) days after the Opening Date, the District will evaluate each Proposal and rank the Respondents in order utilizing the Evaluation Criteria described in Article IV below (“Evaluation Criteria”). The successful Respondent will be selected based on the application of the Evaluation Criteria to the Respondent’s Proposal. If deemed necessary by the Evaluation Committee, the District may request interview(s) with one or more of the Respondent(s) with the highest total score(s) from the evaluation committee.

3.5 Contract Award/Negotiation. The Evaluation Committee will select the Respondent that offers the “best value” for the District based on the rankings discussed in Section 3.4 above. The District will enter into negotiations with the highest ranked Respondent. If negotiations with the highest ranked Respondent are not successful, the District shall formally end negotiations in writing with that Respondent and proceed to the next Respondent in the order of the Evaluation Committee’s selection rankings until a contract is awarded or all Respondents are rejected. A contract which requires the approval of the District’s Board of Managers and the Tarrant County Commissioners will not be executed without the prior approval of the Board of Managers and the Tarrant County Commissioners.

3.6 Bonds. Within ten (10) days of the execution of the Contract Form, the successful Respondent will be required to submit Performance and Payment Bonds (“Bonds”) in the form required in the Contract Form and in an amount equal to the District’s Construction Budget for the Project provided in Section 1.2 underwritten by a company licensed to issue bonds in the State of Texas.

IV. EVALUATION CRITERIA

Proposals shall be evaluated in accordance with Title 10, Subtitle F of the Texas Government Code, Chapter 2269 of the Texas Government Code, and other applicable law. The following criteria will be used to evaluate the contents of Proposals and the Respondents’ submitting them for this Project:

EVALUATION CRITERIA	Max Points	Respondent Score
THIS SECTION WILL BE SCORED BY THE EVALUATION COMMITTEE
1. Responsiveness to the RFP a. Inclusion and thoroughness of requested information. b. Clarity and completeness of the Proposal.	Pass/Fail
2. Respondent’s capability to provide CMR services. a. Background and history of the Respondent. b. Experience with CMR services on projects of similar size and scope. Specifically identify those projects located within Tarrant County (if any). c. Experience with previous projects for the District (if any), highlighting any CMR services provided. d. Consideration and accommodation by Respondent for risks during construction including, but not limited to, life safety, infection prevention, air quality, noise, vibration, utilities, security, and existing operations and services provided by the District. e. Financial stability, condition, and bonding capacity of the Respondent f. Current and past claim incidences and litigation/arbitration claims. g. Provide a CMR Project approach that meets the needs and desires of the District. h. Safety Record and Safety Plan for Project i. Provide a list of subcontractors, suppliers, or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for each portion of the Work.	20
3. Project Staffing Plan. a. Provide proposed staffing plan with the disciplines and skills required for the Project. b. Experience, reputation, and past performance of key personnel for the role proposed for the Project. c. Current qualifications of key personnel for the role proposed for the Project. d. History and experience of the proposed Project team working together on previous projects.	20
4. Project Duration a. Provide a Project schedule that meets the requirements and needs of the District. b. Provide a Project schedule that reflects a logic and/or phasing of the Project’s scope of Work that considers realistic site conditions and existing operations and services provided by the District.	30
5. Local Presence and Support a. Does the primary office of the Respondent reside within the limits of Tarrant County.	05
6. Project Cost a. Pricing considerations – Initial Guaranteed Maximum Price Bid Form - Exhibit D. b. Respondents proposed revisions – Exhibit H.	25
THIS SECTION WILL BE SCORED BY THE DISTRICT’S DIVERSITY AND INCLUSION DEPARTMENT
Disadvantage Business Enterprise Participation. This will be applied to your DBE Participation and is worth 15 points. If the Respondent is a certified DBE skip sections B and C below; however, if the Respondent is not a certified DBE, Respondent must complete sections B and C below. The breakdown is as follows:
A. Certified HUB/SMWVBE. TAB 6 Y or N OR B. Community Outreach – Attach the written notification of the subcontracting opportunity and list of three agencies and /or organizations notified regarding the interest in HUB/SMWVBE participation in this contract. Y or N C. Plan of Action – List the subcontractors selected for participation, their certification, and approximate dollar value of the work to be subcontracted and the expected percentage of the total contract amount. Y or N
MAXIMUM TOTAL POSSIBLE POINTS	100

V. PROPOSAL SUBMITTAL REQUIREMENTS

5.1 In the interest of performing a thorough and timely evaluation of all Proposals received, all Proposals shall be submitted in the following tabbed format, with strict adherence to the page limitations specified below. Further, the Proposal must be presented pursuant to Section 2.1 above.

5.2 The completed Proposal shall include the following in this same order with corresponding tabs:

5.2.1 TAB – 1: Executive Summary Cover Letter (Maximum 2 pages)

a. Provide a brief and concise summary of the history and background of Respondent and what sets Respondent apart from other contracting firms potentially responding to this RFP. It must include the name, address (including county), email, and telephone number of the Respondent and the name of one or more individuals authorized to represent the Respondent in its dealings with the District on a contractual basis. Please include the county and state of the primary office of the Respondent in the Response.

c. Include in the summary the location of corporate headquarters and other divisional offices of the Respondent. Specify which office or offices will be involved in this Project, during construction. Include names, addresses and phone numbers.

d. Following the Executive Summary Cover Letter, Respondent shall provide written confirmation of the acceptance of the Contract Form in its entirety (except for those items which are included in Respondent’s Proposed Revision Form).

5.2.2 TAB – 2: Respondent’s Capability to Provide CMR Services

a. Provide a statement of qualifications listing, at a minimum, the content provided in the AIA A305 Contractor Qualifications Statement

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