ESBD_525111_1781017712610_C2360-26-021 SOLICITATION.pdf

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RFP- C2360-26-021 Contract Administrator for USDA U. S. Forest Service Cooperative Agreement Project
Solicitation number
C2360-26-021
Issued by
Van Zandt County, Texas

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Summary

This is a Request for Proposal (RFP) issued by Walker County Purchasing Department for contract administrator services related to a USDA U.S. Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-421). The County seeks a qualified individual or firm to provide professional administration and management services for the federal cooperative agreement, including federal agreement administration, document control and oversight, interagency and contract coordination, and compliance and closeout administration. The contract administrator will serve as the County's authorized representative and administrative lead, functioning as the primary liaison to the U.S. Forest Service and coordinating with the engineering firm (Bleyl Engineering) and Montgomery County. The RFP opened for bidding on June 9, 2026, with a questions deadline of June 17, 2026 at 12:00 PM CT and a bid closing date of June 24, 2026 at 9:00 AM CT. Negotiation meetings are scheduled for July 20-21, 2026, with Commissioner's Court approval anticipated on August 10, 2026, and a post-award meeting on August 17-18, 2026. The contract term extends from the award date through the project's administrative closure date as defined by USDA Forest Service and final audit, with an expected project completion date of July 2028, subject to change based on actual project completion.

Proposals will be evaluated on a maximum of 100 points based on experience (30 points), prior work performance (25 points), capacity to perform (25 points), and proposed cost (20 points). Respondents must submit four copies of their proposal plus an original and thumb drive (or email submission without thumb drive), along with required forms including Conflict of Interest Questionnaire, Certificate of Interested Parties (Form 1295), House Bill 89 Verification, lobbying certification, professional liability insurance certificate (minimum $1,000,000 each occurrence), and three professional references from the last five years. The County will not reimburse proposal preparation costs and reserves the right to reject any or all offers. All federal contract provisions applicable to awards under 2 CFR Part 200 are incorporated, including compliance requirements for federal funding restrictions, procurement documentation, reporting, debarment and suspension verification, and various federal acts (Clean Air Act, Federal Water Pollution Control Act, Davis-Bacon Act where applicable, Contract Work Hours and Safety Standards Act). Walker County, Texas is the contracting entity, with funding provided through the Walker County budget approved by the Commissioner's Court; state statutes prohibit obligation of public funds beyond the current fiscal year without subsequent budget approval.

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WALKER COUNTY PURCHASING DEPARTMENT

Email: bids@co.walker.tx.us * Telephone (936) 436-4944 * www.co.walker.tx.us

PLEASE MAIL, HAND DELIVER OR EMAIL PROPOSALS TO:

WALKER COUNTY PURCHASING DEPARTMENT

ATTN: LAURA BUCCAFURNI CTCM, CTCD

1301 SAM HOUSTON AVE. SUITE 235

HUNTSVILLE, TX 77340

LABEL SEALED BIDS: RFP# C2360-26-021

EMAIL BID SUBMISSIONS TO: BIDS@CO.WALKER.TX.US

For a printable version please visit our website at (Walker County Website/Departments/Purchasing) and click on link at the bottom of our webpage labeled: RFP# C2360-26-021 Contract Administrator for USDA U.S. Forest Service Cooperative Agreement Project

POINTS OF CONTACT:

LAURA BUCCAFURNI, CTCD, CTCM – INTERIM PURCHASING AGENT

ERIC MINOR, CTCD, CTCM – ASSISTANT PURCHASER II

EMAIL: BIDS@CO.WALKER.TX.US

PHONE: 936-436-4944

The Offeror’s signature is required for acceptance of Offer and confirms Offeror has read and understands all requirements concerning this Request for Proposal the undersigned affirms they are duly authorized to execute the contract, that this OFFER has not been prepared in collusion with any other Offeror, and that the contents of this OFFER have not been communicated to any other Offeror prior to the official opening. Emailed bid submissions may be emailed to: bids@co.walker.tx.us with the subject line: Contract Administrator for USDA U.S. Forest Service Cooperative Agreement Project. Hand delivered or mailed offers must be SEALED in an envelope and CLEARLY Marked: RFP# C2360-26-021 Contract Administrator for USDA U.S. Forest Service Cooperative Agreement Project.

CERTIFICATION OF OFFER

SIGNED BY: ______________________________________TITLE: ________________________________________________

TYPED/PRINTED NAME: __________________________________________________________________________________

COMPANY NAME: ________________________________________ DATE: _________________________________________

MAILING ADDRESS: _____________________________________________________________________________________

TELEPHONE #: _____________________CELL #: _________________________ FAX #: ______________________________

EMAIL: ___________________________________TAX ID NUMBER: _______________________________________________

REQUEST FOR PROPOSAL

CONTRACT ADMINISTRATOR FOR USDA U.S. FOREST SERVICE

COOPERATIVE AGREEMENT PROJECT

BID REFERENCE NUMBER: C2360-26-021

BID CLOSING DATE: JUNE 24, 2026 AT 9:00 C.T.

mailto:bids@co.walker.tx.us

C2360-26-021

TENTATIVE SCHEDULE OF EVENTS

June 9, 2026 - Open for Bidding June 9, 2026– Online Posting; Walker County Purchasing Department Home Page and ESBD June 10 & 17, 2026- Posted in Huntsville Item June 17, 2026 – Questions Deadline June 24, 2026 – Bid Closing Date July 20 & July 21, 2026 -Negotiation Meeting Aug 10, 2026 – Approval of award by Commissioner’s Court Aug 17/18, 2026 – Post Award Meeting

A. PURPOSE OF POSITION.

Serve as the County’s authorized representative and administrative lead for the RFP# C2360-26-021 Contract Administrator for USDA U.S. Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-421).

Responsible for lifecycle management of the federal agreement, compliance monitoring, document control and oversight, contract coordination with the engineering firm, and formal communication with the invested parties (Walker County, Montgomery County, U.S. Forest Service, Bleyl Engineering). This role does not perform engineering design or construction oversight, but ensures the County fulfills its obligations under the cooperative agreement.

B. SCOPE OF WORK.

Walker County is seeking Request for Proposals from a qualified individual with experience in professional administration/management to be hired to provide contract administration services to Walker County, including but not limited to the following areas: Federal Agreement Administration, Document Control & Agreement Oversight, Interagency and Contract Coordination, and Compliance and Closeout Administration. The County Project Manager functions as the administrative authority for the federal cooperative agreement and does not assume responsibility for engineering design, construction inspection, or technical determinations. Even when engineering services handle planning, environmental review, and construction oversight, the County retains:

• Agreement Authority

• Financial Accountability

• Modification Responsibility

• Reimbursement Administration

• Audit Liability

The County Project Manager role, as defined in the Purpose of Position, is therefore essential to safeguard federal funding, maintain compliance, and ensure full lifecycle agreement management.

C. CONTRACT ADMINISTRATOR’S RESPONSIBILITIES.

1. Federal Agreement Administration

• Serve as the County’s authorized representative for all matters related to the USDA Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-421).

• Ensure full compliance with the terms and conditions of the Project Agreement and underlying Cooperative Agreement.

• Monitor agreement timelines, authorized funding limits, and expiration date (July 27, 2027).

• Initiate and coordinate written modification requests in accordance with agreement requirements, including the minimum 60-day advance notice provision.

• Ensure that no scope, cost, or schedule changes are implemented without formal amendment and proper authorization.

2. Document Control & Agreement Oversight

• Maintain centralized and organized agreement files, including correspondence, financial documentation, amendments, and supporting records.

• Track authorized funding levels and monitor expenditures against the approved Financial Plan Matrix.

• Coordinate preparation and submission of required reimbursement invoices to the USDA Forest Service in accordance with Section IV.B requirements.

• Ensure cost documentation provided by the engineering firm aligns with federal agreement categories and reimbursement standards.

• Maintain records in a manner that ensures audit readiness and supports federal review.

3. Interagency & Contract Coordination

• Serve as primary County liaison to designated U.S. Forest Service representatives.

• Coordinate communication between the County and the Engineering Firm to ensure alignment with federal agreement obligations.

• Maintain records of project communications, decisions, and modification requests.

• Facilitate resolution of agreement-related issues in accordance with dispute resolution provisions (if necessary).

4. Compliance & Closeout Administration

• Monitor adherence to federal funding restrictions and agreement provisions.

• Ensure procurement, documentation, and reporting requirements are satisfied.

• Lead administrative closeout of the cooperative agreement, including final documentation and reconciliation support.

D. EVALUATION FACTORS.

The award of the contract shall be made to the responsible Offeror whose proposal is determined to be the best value, taking into consideration the relative importance of price and other factors set forth in the Request for Proposal.

The Evaluation Criteria allows for a maximum of 100 points and is grouped as follows:

Criteria Maximum Points

Experience 30

Prior Work Performance 25

Capacity to Perform 25

Proposed Cost 20

Total 100

Evaluation Criteria Factors explained:

Experience-

• Related Experience / Background with federally funded projects

• Experience administering federally funded infrastructure, transportation, public works or construction related reimbursement projects.

• Related experience/background with specific services:

o Federal Funding & Reimbursement Compliance Policies o Interagency and Contract Coordination o Lifecycle Agreement Management & Close-Out Process

• References from current/past clients

Prior Work Performance-

• Responds and submits requests to agency in a timely manner

• Past grant projects completed on schedule

• Work produced is consistently of high quality with low level of errors

• Past projects have low level of monitoring findings/concerns

• Manages projects within budgetary constraints

Capacity to Perform-

• Qualifications o Project Scope of Work Compliance or Management of Federal Compliance o Compliance Monitoring/ Document Control and Oversight/ Interagency and Contract Coordination o Risk Mitigation

• Present and Projected Workloads

• Demonstrated understanding of federal cooperative agreements, reimbursement administration, documentation requirements, and compliance obligations

Proposed Cost-

• Proposed cost is in line with independent estimate and compared with all cost proposals received

E. SUBMISSION REQUIREMENTS.

Respondents submitting a proposal do so entirely at their expense. There is no expressed or implied obligation by the

County to reimburse any individual or Contractor for any costs incurred in preparing or submitting a proposal, for providing additional information when requested by the County, or for participating in any selection interviews. Offers must include the following:

1. Offeror shall provide a statement that clearly describes their professional background and experience as it pertains to this proposal/scope of work and provide a summary statement of evaluation factors.

2. Offeror shall explain their experience with federal agreement administration, document control, agreement oversight, contract coordination compliance, and reimbursement administration.

3. Submit Pricing Schedule for their services.

4. Submit References.

5. Signed RFP and Required Forms

a. Certification of Offer

b. Conflict of Interest Questionnaire

c. Certificate of Interested Parties

d. House Bill 89 Verification

e. Form 1295

f. Certification Regarding Lobbying

g. Acknowledgement of Required Contract Provision

h. Sign and Date Walker County Contract Affirmations

i. Copy of any professional certifications and or licenses

j. A copy of your current certificate of insurance for professional liability

6. Submit four (4) copies of the proposal, along with an original proposal and a thumb-drive. If submission is by email, no thumb drive is required.

F. REQUESTS FOR CLARIFICATIONS.

Requests for clarifications of this offer must be submitted by Wednesday, June 17, 2026 by 12:00 PM CT. Email bids@co.walker.tx.us. The subject line must read RFP# C2360-26-021 Contract Administrator for USDA U.S. Forest Service Cooperative Agreement Project. All questions will be answered by addendum following the clarification deadline.

G. CONDITIONS OF OFFERING.

The following instructions apply to all Offers and become a part of the terms and conditions of any offer submitted to the Walker County Purchasing Office, unless otherwise specified elsewhere in this offer request.

1. All offers are required to be informed of the Terms and Conditions and will be held responsible for having done so.

Upon acceptance and approval by the Commissioner’s Court, this offer affects a working contract between Walker County and the successful offeror for the period designated.

2. Offers must be received in the Purchasing Office no later than the time and date specified. All offers received after the submission deadline will be considered void and unacceptable and will be returned unopened. Walker County is not responsible for lateness or non-delivery of bid submission via email, mail, or hand delivery of carrier, etc.

and the date/time stamp in the Purchasing Office shall be the official time of receipt. Please include one (1) original & one (1) copy of your bid response and a USB drive. If emailing submissions one (1) original will suffice.

3. The County reserves the right to inspect and ensure adaptability of the service, accept or reject in part or in whole any and all offers, to waive any informality in offers and unless otherwise specified by the respondent, to accept any service in the response for the best value to the County.

4. If either the unit price or extended price is obviously in error the unit price will prevail. Walker County shall not be responsible for any verbal communication between any employee of the County and any potential offeror.

5. Only written specifications and written price quotations will be considered.

6. Walker County reserves the right to reject any offer that does not fully respond to each specified item.

7. Offeror must include Employer Identification Number or Social Security Number for the offer to be valid. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices.

8. Although the cost of service(s) to be provided is an essential part of the Offer, Walker County is not obligated to award a contract on the sole basis of cost.

9. The Purchasing Agent shall review all offers that have been submitted and make recommendations to the Commissioner’s Court.

10. When only one offer is received by the County, the offer may be accepted if the Commissioner’s Court determines the price is fair and reasonable. If the price is not fair and reasonable, the offer is rejected. If two or more responsible offerors submit identical offers, the offer award will be determined by drawing of lots or as directed by the County Judge.

11. Offerors must furnish ALL information requested and fill in the spaces provided on the offer invitation form. Further, if specified elsewhere, each offeror must submit cuts, sketches, descriptive literature, and/or complete specifications. Reference to literature submitted previously does not satisfy this provision. Offers in non-compliance with these requirements will be subject to rejection.

12. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the item offered on this offer prior to delivery, it shall be the responsibility of the successful offeror to notify the County Purchasing Office at once, indicating the specific regulation which requires such alterations, including any price adjustments occasioned thereby, or to cancel said contract.

13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement.

14. Offers cannot be altered after receiving time. No offer may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent.

15. Offers must be submitted on this form, and the envelope must be clearly marked. Offers will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will an offer be considered if submitted to any other person or department other than specifically instructed.

16. In the event of a change needed in the specifications sent to the offeror, it is understood that all the foregoing terms shall apply to the addendum or addenda.

17. All delivery and freight charges (FOB Walker County) are to be included in the offer price.

18. Any interpretations, corrections or changes to this Request for Proposal will be considered for award. Offerors taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attaching as part of the offer. The absence of such a list shall indicate that the offeror has not taken exceptions, and Walker County shall hold the offeror responsible to perform in strict accordance with the specifications or the invitation. Walker County Commissioner’s Court reserves the right to accept any, all or none of the exception(s)/substitution(s) as the Commissioner’s Court deems the best value to the County.

19. Any interpretations, corrections or changes to this Request for Proposal and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Walker County Purchasing Department.

Addenda will be posted on the Walker County website under Purchasing and will be emailed or faxed to all that are known to have received a copy of this Request for Proposal.

20. At the request of Walker County, offeror must supply a list of at least three references, located in Texas where like services have been supplied. References shall include name of business, address, telephone number and name of representative.

21. Walker County, Texas is exempt from State of Texas Sales Tax and a Tax Exemption Certificate shall be furnished by Walker County, Texas to the successful offeror upon request.

22. The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at Walker County’s sole discretion. If Walker County grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify Walker County within five business days of any reduction or repeal. Walker County may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

H. TERM OF CONTRACT.

The term of this contract shall be from date of award through projects administrator closure date as defined by the USDA U.S. Forest Service and final audit whichever is later. The project’s expected completion date is 07/2028, but this date is subject to change based on the actual date of project completion.

I. AWARD OF CONTRACT.

Contract may be awarded to one or more offerors in the event the selected offeror cannot render the requested services or is unable to fulfill the County’s work demand and/or timeframe for any circumstance. County will award a contract to the lowest responsible offeror. The County reserves the right to establish a contract with the same terms and specifications herein with the next lowest responsible offeror.

J. ALTERNATE VENDORS.

An award will be issued to the vendor submitting the best value to Walker County. Commissioner’s Court reserves the right to make an award to more than one vendor and name them as alternate.

K. BID DUE DATE AND PROJECT START DATE.

All bids in response to this solicitation are due no later than Wednesday June 24, 2026 at 9:00 a.m. C.T. Upon notification, the Contractor will begin immediately upon award by Commissioner’s Court.

L. ETHICS.

The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Walker County.

M. REQUIRED FORMS ATTACHED.

CONFLICT OF INTEREST, FINANCIAL INTEREST PROHIBITED.

No public official shall have interest in this contract in accordance with Vernon’s Texas Codes Annotated, Local Government Code, Title 5, Subtitle C, Chapter 171. Contractor shall ensure (except for eligible administrative or personnel costs) that no person who (i) is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of a subcontractor of Contractor, and (ii) who exercises or has exercised any functions or responsibilities with respect to the activities assisted under this Agreement or is in a position to participate in a decision making process or gain inside information with regard to such activities, may have an interest in or benefit from the activity or have any interest in the Agreement or a subcontract for the Agreement, during the persons tenure with Agreement or a subcontract for the Contractor and for at least one year thereafter. Contractor shall apply the requirements of this subsection to employees, agents, consultants, officers, and elected and appointed official and any subcontractors of Contractor as well as any member of such persons immediate families, their partners, and any organization that employs, or is about to employ any of the above. Contractor shall comply with Chapter 171, Texas Local Government Code.

*The Contractor shall include the substance of this Section in all subcontracts.

CONFLICT OF INTEREST QUESTIONNAIRE. (ATTACHMENT A)

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any proposer or person conducting business or wishing to conduct business with a county, complete a “Conflict of Interest Questionnaire”. By law, the completed questionnaire must be filed with the County Clerk for the County of Walker. The Walker County Clerk’s mailing address is: 1100 University Ave., Room #201, Huntsville, TX 77340 A person commits an offense if the person violates Section 176.006, Local Government Code. Depending on the value of the contract, an offense under this section ranges from a Class C misdemeanor to a Class A misdemeanor. Any questions concerning this form should be addressed to the Texas Ethics Commission; 201 East 14th St., 10th Floor; P.O. Box 12070, Austin, Texas, 78711-2070; 1-800-325- 8506; fax 512/463-5777; or web site www.ethics.tx.us.

1295 FORM. (ATTACHMENT B)

Effective January 1, 2016, Section 2252.908 of the Texas Government Code requires that a governmental entity receive a Certificate of Interested Parties, Texas Ethics Commission Form 1295, before entering into certain contracts with a business entity.

HOUSE BILL 89 VERIFICATION. (ATTACHMENT C)

Pursuant to Section 2271.002, Texas Government Code.

CERTIFICATE OF LOBBYING. (ATTACHMENT D)

Certification for Contracts, Grants, Loans, and Cooperative Agreements

REQUIRED CONTRACT PROVISIONS. (ATTACHMENT E)

2 CFR 200.327 Contract provisions. The non-Federal entity’s contracts should contain applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. The non-Federal entity’s contracts must contain the provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable.

WALKER COUNTY AFFIRMATIONS. (ATTACHMENT F)

Acknowledgement of Affirmations.

PRICING SCHEDULE. (ATTACHMENT G)

Submit Pricing for Services.

N. INDEMNIFICATION.

Successful offeror shall defend, indemnify and save harmless Walker County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful offeror, or of any agent, employee, sub-contractor or supplier in the execution of, or performance under, any contract which may result from offer award. Successful offeror indemnifies and will indemnify and save harmless Walker County from liability, claim or demand on their part, agents, servants, customer, and/or employees whether such liability, claim or demand arise from event or casualty happening upon or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities within which the occupied premises are located. Successful offeror shall pay any judgment costs, which may be obtained, against Walker County growing out of such injury or damages.

http://www.ethics.tx.us/

If by reason of force majeure, Walker County shall be rendered unable, wholly or in part, to carry out its responsibilities under the contract other than its obligations to Contractor make the required payments, then Walker County shall give the Contractor notice and full particulars of such force majeure in writing within a reasonable time after the occurrence of the event of cause relied on and such notice shall suspend Walker County responsibilities for the continuance of the liability claimed, but no longer period. The term “force majeure” as used shall mean acts of God, strikes, lockouts, lockdowns, acts of public enemy, and orders of any kind of the Government of the insurrection, riot, work stoppage, epidemic, earthquake, fire, explosion, hurricane, breakage, or accidents to machinery or equipment over and above ordinary maintenance and repairs, constructions and relocation to a new facility, civil disturbances and other events of causes that would cripple normal operations.

O. TERMINATION FOR DEFAULT.

In the event the successful offeror shall fail to perform, keep or observe any of the terms and conditions to be performed, kept or observed, Walker County shall give the successful offeror written notice of such default. And in the event said default is not remedied to the satisfaction and approval of Walker County within two working days of receipt of such notice by the successful offeror, default will be declared and all the successful offeror’s rights shall terminate. Offeror, in submitting this offer, agrees that Walker County shall not be liable to prosecution for damages in the event that Walker County declares the offeror in default. The performance of work under this order may be terminated in whole, or in part, by the Buyer in accordance with this provision. Termination of work shall be effected by the delivery to the Seller of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to, and not in lieu of, rights of Buyer set forth. Walker County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Walker County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Walker County’s satisfaction and/or to meet all other obligations and requirements. Walker County may terminate the contract without cause upon thirty (30) days written notice.

P. TERMINATION FOR CONVENIENCE.

Walker County reserves the right to terminate the contract at any time, in whole or in part, without cost or penalty, by providing thirty (30) calendar days’ advance written notice, if Walker County determines that such termination is in the best interest of the County. In the event of such a termination, Contractor must, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. Agency shall be liable for payments limited only to the portion of work Agency authorized in writing and which Contractor has completed, delivered to Walker County, and which has been accepted by Walker County. All such work shall have been completed, in accordance with contract requirements, prior to the effective date of termination. Walker County shall have no other liability, including no liability for any costs associated with the termination.

Q. BUDGET.

This is subject to revision by Commissioner’s Court. All bids must include proposed costs to complete the tasks described in the Scope of Work. NOTE: All costs and fees must be clearly described in each bid.

R. FUNDING.

Funds for payment have been provided through the Walker County budget approved by the Commissioner’s Court for this fiscal year only. State of Texas statutes prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Walker County fiscal year shall be subject to budget approval.

S. PURCHASE ORDER.

The successful offeror shall not deliver products or provide services without a Walker County Purchase Order or contract signed by an authorized agent of the Walker County Purchasing Department. A purchase order must be issued by the Walker County Purchasing Department prior to work beginning. Invoices not bearing a purchase order number may be delayed for payment.

T. CHANGE ORDERS.

It is the County’s desire to have all questions and/or comments addressed prior to issuing a purchase order; any change order will be greatly scrutinized and could impede future awards. No change orders will be accepted unless written approval by the Commissioner’s Court. Any work completed without written approval by the Commissioner’s Court is subject to non-payment.

U. CONTRACT CHANGES.

This offer, when properly accepted by Walker County, shall constitute an equally binding contract between the successful offeror and Walker County. No different or additional terms will become a part of this contract without approval by the Commissioner’s Court. All proposed changes to the contract must be submitted in writing to the Purchasing Agent and shall become effective upon approval of Commissioners Court. No oral statement by vendor or County employee shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract.

V. REDUCTION IN PRICE.

If during the life of the contract, the successful offeror’s net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Walker County.

W. PAYMENT/INVOICING.

An invoice shall be submitted with the following information:

1. Name and address of vendor

2. Name and address of receiving Department

3. Walker County Purchase Order number

4. Description of services rendered

Payment shall not be processed until service has been rendered and a completed invoice is received by the Walker County Auditor's Office. All payments will be made by check Net 30 days from when the correct invoice(s) are received by Walker County. Original invoices can be submitted by Mail to: P.O. Box 1260, Huntsville, TX 77320 or hand delivered to 1301 Sam Houston Ave, Huntsville Texas 2nd floor, Auditor’s Office. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the respondent for correction. Under term contracts, when multiple deliveries and/or services are required, the respondent may invoice following each delivery, day, or job and the County will pay on invoice. Prior to any and all payments made for good and/or services provided under this contract, the respondent should provide his Taxpayer Identification Number or social security number as applicable (W9). This information must be on file with the Walker County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services.

Should your remittance addresses change during this contract, it will be up to the offeror to notify the Auditor’s Office of this change at payables@co.walker.tx.us.

X. CONTINUITY OF SERVICES.

The Contractor recognizes that the services under the contract are vital to the Walker County and must be continued without interruption. Upon contract expiration, another Contractor may continue services and agrees to (1) furnish phase in training and (2) exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.

The Contractor shall upon written notice, negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required if contract is terminated.

Y. VARIATON IN QUANTITY.

The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

Z. SPECIAL TOOLS AND TEST EQUIPMENT.

Walker County shall not furnish any equipment to assist in offloading of material.

AA. INSURANCE REQUIREMENTS.

The awarded Offeror shall furnish and keep in full force the following insurance during the term of this Contract:

mailto:payables@co.walker.tx.us

The awarded Offeror shall furnish and keep in full force the following insurance during the term of this Contract:

1. Statutory Workers’ Compensation in accordance with State of Texas requirements.

2. Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and $1,000,000 general aggregate) for bodily injury and for property damages, which coverage shall include products/completed operations at $500,000 per occurrence.

3. Walker County shall be named as an additional insured party on Bidder’s general liability policy.

4. Commercial Automobile Liability at minimum combined single limits of $1,000,000.00 per occurrence for Bodily

Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.

5. Employer’s Liability $1,000,000 each occurrence.

6. Professional Liability (E&O) $1,000,000 each occurrence

7. All insurance must be written on forms filed with and approved by the Texas Board of Insurance.

8. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent.

9. All of the aforementioned policies shall be issued immediately after the offeror receives notification of award.

Receipt of the Certificates of Insurance is required before any funds will be released for payment.

Acceptance of proof of insurance supplied by the successful offeror, nor failure to disapprove the insurance shall relieve the successful offeror of full responsibility of liability, damages and accidents as set forth herein. No additional payments shall be made for any insurance that the successful offeror may be required to carry. It is the responsibility of the successful offeror to provide renewals of their insurance at expiration during the contract term. Payments will be withheld until current Certificates of Insurance are received.

BB. BOND REQUIREMENTS.

Bonding requirements under 2 CFR § 200.326 and Texas Government Code Chapter 2253 are not applicable to this solicitation, as the services procured under this contract do not involve construction or facility improvement activities, or a public work contract.

CC. LAWS AND REGULATIONS.

The respondents’ attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction shall apply to the award throughout, and they will be deemed to be included in the response document the same as though herein written out in full.

DD. WARRANTIES. All work shall be guaranteed a minimum of 365 days by the successful Contractor. The County will not conduct any testing; contractor will be responsible for product and workmanship to ensure all warranty and specifications are met.

EE. OBLIGATION OF OFFEROR.

At the time of the opening of the solicitation, each bidder will be presumed to have read and to be thoroughly familiar with the solicitation and contract documents (including all addenda). The failure or omission of any responder to examine any form, instrument or document shall in no way relieve any responder from any obligation in respect of his or her bid.

FF. PERFORMANCE OF CONTRACT. Walker County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of Walker County in the event of breach or default or resulting contract award.

References: List three (3) references, for which offeror has performed similar types of services and or goods within the last five

(5) years. Include contact persons and phone numbers. Other government entities are preferred.

1. Company Name:

Address:

Contact Person:

Telephone No.:

Brief Description of project:

2. Company Name:

Address:

3. Company Name:

Address:

ATTACHMENT A

NOTICE TO VENDORS AND INSTRUCTIONS FOR

CONFLICT OF INTEREST QUESTIONNAIRE

H.B. 914, passed during the 2005 Texas legislative session, became effective on January 1, 2006. The bill enacts Local Government Code Chapter 176. The bill requires a vendor that wishes to conduct business or be considered for business with a Walker County to file a "conflict of interest questionnaire." The Texas Ethics Commission (TEC) created the conflict of interest questionnaire (FORM CIQ).

Section 176.006 requires disclosure of a person's "affiliations or business relationships that might cause a conflict of interest." The term "affiliation" is not defined in Chapter 176. However, the general definition of the word "affiliation" would mean any association or connection. So, any affiliation, including such things as friendship, membership in some group or organization, residence in the same neighborhood, relationship by blood or marriage, or any other connection, must be disclosed.

How to complete the Conflict-of-Interest Questionnaire Form:

Each number below corresponds with the number on FORM CIQ:

1. Fill in the full name of the person (you) who is trying to do business with Walker County. If the business is a corporation, partnership, etc., then each person who acts as an agent for the business in dealings with Walker County must complete this form.

2. Check box if the form is an update to a form previously completed. Updates are required by law by the 7th business day after an event that makes a statement in a previously filed questionnaire incomplete or inaccurate.

3. Describe how you are affiliated or related to a Walker County employee or contractor with Walker County (such as an engineering or architectural firm) who makes recommendations to Walker County on expenditures of money. If no affiliation or business relationship exists, state "None."

4. Describe how you are affiliated or related to a local government officer. If no affiliation or business relationship exists, state "None."

5. Complete this Section by listing name for each local government officer with whom there is an affiliation to or business relationship and you checked the "Yes" box in Section 5 A, B, or C.

6. Describe any other affiliation or business relationship that might cause a conflict.

7. Signature box. Date and sign the form. A signature is required from the person completing the form even if "None" entered in boxes 3, 4, & 6.

ATTACHMENT A CONTINUED

ATTACHMENT B

CERTIFICATE OF INTRESTED PARTIES

Texas Ethics Commission (Form 1295)

Effective January 1, 2016, Texas Government Code Section 2252.908 requires that a governmental entity receive a Certificate of Interested Parties, Texas Ethics Commission Form 1295, before entering into certain contracts with a business entity. This includes new, amended, extended or renewed contracts that meet one or more of the following criteria:

1. Requires an action or vote by the Commissioners Court before the contract may be signed;

2. Has a value of at least $1 million; or

3. Is for services that would require a person to register as a lobbyist under Chapter 305, Texas Government Code.

Vendor must:

1. Go to: https://prd.tecprd.ethicsefile.com/File/. Click on Form 1295 Filings, then click on the “click here if you don’t have a user ID” and follow the instructions to set up an account. If you already have an account, then you may log in and proceed with the process.

2. Submit and print a copy of the form which will contain a unique certification number.

3. An authorized agent of the Respondent must sign the printed copy of the form.

4. The completed Form 1295 must be included with your solicitation when it is submitted to Walker County. (Scanning and emailing this form is sufficient for renewals & maintenance of solicitations)

Helpful Tips for completing Form 1295 (Please note this is not legal advice):

1. Who is the contract with – click “Other Governmental Entity”

2. Governmental Entity Name – Walker County, Texas

3. Contract ID Number – This will be the solicitation number and name as specified at the top of this document.

4. Read the Ethics Commissions definition of interested party, controlling interests and intermediary interest prior to completing this form.

Any delay in returning this form will result in delay of approval and/or award of the contract. If this form is not returned, Walker County will not proceed with the approval and/or award of the contract.

https://prd.tecprd.ethicsefile.com/File/

ATTACHMENT B CONTINUED – EXAMPLE OF FORM 1295

ATTACHMENT C

HOUSE BILL 89 VERIFICATION

Prohibition on Contracts with Companies Boycotting Israel Texas Government Code Section 2271.002 states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract.

Pursuant to Section 2271.002, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

3. The law applies to only contracts that are between governmental entity and company with 10 or more full-time employees;

and have a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

I, (authorized official) _________________________________, do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under Texas Government Code Section 2271.002 and that the company named below:

1) does not boycott Israel currently; and

2) will not boycott Israel during the term of the contract; and

3) is not currently listed on the State of Texas Comptroller’s Companies that Boycott Israel List located at: https://comptroller.texas.gov/purchasing

Company Name

Signature of Authorized Official Date Title of Authorized Official

Any delay in returning this form will result in delay of approval and/or award of the contract. If this form is not returned, Walker County will not proceed with the approval and/or award of the contract.

https://comptroller.texas.gov/purchasing

ATTACHMENT D

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

ATTACHMENT E

REQUIRED CONTRACT PROVISIONS

2 CFR 200.327 Contract provisions. The non-Federal entity’s (“NFE”) contracts should contain applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. The non-Federal entity’s contracts must contain the provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable. *Language as of October 23, 2024

THRESHOLD PROVISION CITATION

>$350,000

(Simplified Acquisition Threshold)

Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Although not required for contract at or below the SAT, FEMA suggests including a remedies provision. The NFE should consult their servicing legal counsel to determine whether and how remedies for breach of contract are permissible under applicable state, local, or tribal laws or regulations.

2 CFR 200

APPENDIX II (A)

48 CFR part 2, subpart 2.1 defines

Simplified Acquisition Threshold

>$10,000

All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. FEMA suggests including a termination for cause and for convenience in all contracts even when not required. The NFE should consult their servicing legal counsel to determine whether and how termination provisions are permissible under applicable state, local, or tribal laws or regulations.

2 CFR 200

APPENDIX II (B)

None

Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

41 CFR 60-1.4 Equal opportunity clause.

(b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause:

The [recipient] hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken

2 CFR 200

APPENDIX II (C) and 41 CFR §60-1.4(b) https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations…

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