REQUEST FOR QUALIFICATIONS

RFQ# C2360-27-001

CIVIL ENGINEERING SERVICES-

STUBBLEFIELD LAKE ROAD IMPROVEMENTS

DUE: OCTOBER 29, 2026 AT 10:00 AM

WALKER COUNTY PURCHASING OFFICE

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

Please Mail or Hand Deliver Bids Labeled:

C2360-27-001 Civil Engineering Services- Stubblefield Lake Road Improvements To:

Walker County Purchasing Office 1301 Sam Houston Ave. Suite 235

Huntsville, TX 77340

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: C2360-27-001 Civil Engineering Services- Stubblefield Lake Road Improvements

Points of Contact:

LaMina Kelley, CTCD

Laura Buccafurni, CTCD, CTCM Email: bids@co.walker.tx.us Phone: 936-436-4944

The Respondent’s signature is required for acceptance of Offer and confirms Respondent has read and understands all requirements concerning this Request for Qualification, the undersigned affirms they are duly authorized to execute the contract, that this OFFER has not been prepared in collusion with any other Respondent, and that the contents of this OFFER have not been communicated to any other Respondent prior to the official opening. Hand delivered or mailed offers must be SEALED in an envelope, CLEARLY marked with C2360-27-001 Civil Engineering Services- Stubblefield Lake Road Improvements.

CERTIFICATION OF OFFER

Signed By: Title:

Typed/Printed Name:

Company Name Date:

Mailing Address:

Street/P. O. Box City State Zip

Telephone #: Cell #: Fax #:

Email: Tax ID Number:

mailto:bids@co.walker.tx.us http://www.co.walker.tx.us/ mailto:bids@co.walker.tx.us

C2360-27-001

TENTATIVE SCHEDULE OF EVENTS

October 7, 14, 29, 2026 – Legal advertisement dates

October 7, 2026 – Release Solicitation

October 15, 2026 – MANDATORY PRE-BID SITE VISIT at 1:00 P.M. C.T.-See Section F. for additional information.

October 20, 2026- Questions/Clarifications due

October 29, 2026 – Bid closing date at 10:00 A.M. C.T.

November 16, 2026 – Approval of Award by Commissioner’s Court

A. INTRODUCTION.

Walker County is seeking Requests for Qualifications for Civil Engineering Services for Stubblefield Lake Road Improvements from engineering firms that adequately demonstrate they have the resources, registered to practice in the State of Texas, experience and qualifications with federally funded projects to provide the county with requested services as it pertains to the USDA U.S. Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-42). The awarded engineer will work closely with the county’s Grant Administrator for this project. Therefore, it is essential to maintain compliance for federal funding and ensure federal compliance as it pertains to 2 CFR 200.327.

B. SCOPE OF SERVICES.

Services include but are not limited to the following for Stubblefield Lake Road Improvements: road and bridge construction projects, subdivision projects, various drainage projects, sample collection, flood plain management analysis, consulting, regulatory review, designs, inspections and certifications within Walker County. Below is a list of categories to include but not be limited to:

• Road Construction Projects

• Bridge Construction Projects

• Drainage Projects

• Sample Collection

• Flood Plain Management Analysis and / or Consulting Services

• Other projects that would require consulting, design, and or solutions by a licensed professional.

The awarded contract(s) will be indefinite delivery, indefinite quantity (IDIQ) contracts and in accordance with Section

2254.004 of the Texas Government Code.

C. DESCRIPTION OF SERVICES AND SPECIALS CONDITIONS.

General Requirements are to include, but are not limited to:

• Coordinate, as necessary, between subrecipient and its service providers (i.e., Grant Administrator, Environmental, Contracted Construction Company, etc.) regarding project design requirements and services.

• Provide monthly project status updates.

• Funding release will be based on deliverables identified in the contract.

Initial Engineering and Design Support Respondents will be required to show the ability to provide all the Engineering services described below:

1. Assist with the development of grant applications, including, but not limited to cost estimates, preparation of project justification, project maps and accurate project descriptions.

2. The Respondent shall establish and maintain a project schedule with clearly defined design milestones consistent with FS Agreement No. 25-RO-11081300-42. At a minimum, the Respondent shall prepare and submit 30% plans and design documents within the required project schedule to allow the environmental review process to begin. The Respondent shall coordinate its work and invoicing with the established project milestones to support timely project implementation and compliance with the Agreement schedule.

3. Provide preliminary engineering, investigations, and drawings sufficient to achieve the preliminary design milestone, including at a minimum:

a. Cross sections/elevations

b. Project layout/staging areas

c. General notes

d. Special notes

e. Design details

f. Specifications

g. Utility relocation designs

h. Construction limits, including environmentally sensitive areas that should be avoided during construction

i. Required permits

j. Quantities

k. Estimate of construction costs to within +/- 25%

l. Schedules for design, permitting, acquisition and construction

4. Design surveying, topographic and utility mapping.

5. Perform subsurface explorations for project sites, as necessary.

6. Prepare horizontal alignments/layouts for all proposed project alternatives necessary to fully describe the project scope, anticipated limitations, and potential project impacts.

7. Recommend value engineering options (alternative design, construction methods, procurement, etc.) that may improve efficiency, expedite the schedule, or reduce project costs for the subrecipient.

8. Identify, acquire and submit all necessary permits and approvals required for design approval and construction.

9. Submit all necessary deliverables to the appropriate entity for review and comment. Adjust project and/or design to satisfactorily address any comments, as necessary.

10. Prepare plans and profiles, including vertical design information for the selected alternative.

11. Identify and address potential obstacles to project implementation (i.e., pipelines, easements, permitting, environmental, etc.) prior to moving forward with the final design.

12. Support subrecipient with acquisition or property/servitudes/right-of- way documentation as required by the Entity to facilitate the project, preparing right-of-way surveys and/or property boundary maps and legal descriptions of parcels to be acquired.

Engineering and Final Design Support Respondents will be required to show the ability to provide all the Engineering services described below as they relate to final design support:

1. Prepare plans and profiles, including necessary design information for the selected alternative sufficient to achieve all detailed design milestones. Examples include, but are not limited to:

a. Cross sections/elevations

b. Project layout/staging areas

c. General notes

d. Special notes

e. Design details

f. Specifications

g. Utility relocation designs

h. Construction limits, including environmentally sensitive areas that should be avoided during construction

i. Required permits

j. Quantities

k. Estimate of construction costs to within +/- 20%

l. Schedules for design, permitting, acquisition and construction

2. Construction Documents: Services include preparation of plans for three miles of 24' wide roadway with an asphalt driving surface from FM 1375 to Veterans Memorial Bridge (Note approximately 620 feet to be concrete near the bridge). Includes permitting as required, specifications, and contract documents.

3. Drainage Analysis: Services include analysis and culvert sizing for 9 culverts. Services also include the following analysis for the culvert south of the bridge: weir/spillover analysis, scour/erosion analysis, revetment recommendation, HEC-RAS analysis, and a drainage report.

4. Texas Accessibility Standards ("TAS"): Submit to Texas Department of Licensing and Regulation (“TDLR”) for TAS review. Contractor shall schedule the TDLR inspection upon completion.

5. Provide information to appropriate individuals for the development of environmental fund release reports and to ensure all activities will be eligible for reimbursement. The engineer must provide within three (3) business days written notification to the Grant Manager and the local government client any proposed changes or revisions to the construction contractor plans or specifications for review by the Grant Manager for conformance with the environmental review record. No changes may be approved, and no work may proceed until the changes have been considered, and, if required, a new environmental review or reevaluation has been completed. This includes minor and field change orders.

6. Identify, acquire and submit all necessary permits and approvals required for design approval and construction.

7. Provide hard copy, if necessary, reproducible plan drawings and bid documents, in addition to electronic copies to the subrecipient, upon design completion, and as requested during design. Electronic copies should be in the native format (AutoCAD DWG) along with PDF packages and should contain all corresponding references, databases, or files associated with the completed design documents.

8. Assist the subrecipient and any service provider related to the project with all necessary documentation to ensure compliance with all Program requirements and regulations.

Bid Award and Support Respondents will be required to show the ability to provide all the Engineering services described below as they relate to bid and award support.

1. Submit appropriate items and support subrecipient in the development of complete bid package.

2. Prepare and assist subrecipient in the advertisements for bid solicitation.

3. Support development and issuance of bid-related documents necessary to complete bid process (e.g., bid proposal form, bid addenda and supporting documentation).

4. Attend and support subrecipient at pre-bid conference and bid opening.

5. Support subrecipient with ongoing communication during bid process.

6. Support subrecipient to complete bid tabulation and evaluation of responses and provide recommendation for award.

7. Support subrecipient to negotiate and finalize contract documents, including issuance of the Notice to

Proceed, in accordance with program and subrecipient requirements.

8. Support subrecipient in the conducting of a preconstruction conference.

Contract Management and Construction Oversight Respondents will be required to show the ability to provide all the Engineering services described below as they relate to contract management and construction oversight.

1. Ensure delivery of subrecipient project in accordance with contract.

2. Provide ongoing Construction Oversight Reports detailing the status of construction for subrecipient project.

3. Review all service provider submittals to ensure compliance with construction contract documents and provide recommendations to subrecipient.

4. Field Project Representation: Provide periodic and final inspections and tests reports, as required for the project. A field inspector will visit the construction site periodically as determined by the engineer and provide daily reports.

5. Provide on-site supervision and oversight of construction activities at a minimum on a bi-weekly basis or as directed by the subrecipient and or grant administrator.

6. Review Construction Change Orders and provide recommendation to subrecipient as to appropriate action.

7. Review invoice/draw requests and provide recommendation to subrecipient as to appropriate action, in compliance with the construction contract documents.

8. Obtain independent cost estimates for validation purposes, as required.

9. Review and respond to requests for information/clarification.

10. Support subrecipient with issue identification and claims resolutions.

11. Enter all requisite information into the software system of record in accordance with established policies and procedures.

12. Develop a final “as built” report of quantities, drawings, and specifications.

13. Issue to the subrecipient, for execution, a Certificate of Construction Completion within 30 days of final inspection approval.

14. Deliver “as-built” drawings to the subrecipient within 30 days of project completion.

15. Host and/or attend project coordination meetings in person, by phone, or by video conference, which may or may not fall during normal business hours.

16. Perform other contract management and construction oversight duties as required to ensure success of the subrecipient project.

17. Engineer must provide written notification to the Grant Manager and the local government client of any proposed changes or revisions to the construction contractor plans or specifications so that their conformance with the environmental review record may be evaluated. No changes may be approved, and no work may proceed until the changes have been considered, and, if required, a new environmental review or re-evaluation has been completed. This includes minor and field change orders. Emergency changes may be approved on a case-by-case basis with the Engineer providing within two (2) business days written justification(s) for declaring and issuing an emergency change order to the Grant Manager and the local government client. It is paramount that any emergency change order issued by the engineer takes into consideration any change in beneficiaries or environmental review status as a substantial part of the justification(s).

18. Submit all final invoices within 60 days after contract or work order expiration.

Specialized Services Respondents will be required to show the ability to provide all the Engineering services described below as they relate to specialized services.

1. Provide Topographic survey as may be required for a project to include but not limited to:

o Topographic survey within the prescriptive easement, being treeline to treeline, for road rehabilitation. Locate any culverts, trail crossings, drainage turnouts, creek flowlines, or notable features on the ground.

2. Provide Geotechnical Investigations as may be required for a project to include but not limited to:

o Geotechnical boring, testing, and report for roadway. Proposed bores to be 5 feet deep, with approximately 32 bores along Stubblefield Lake Road.

3. Provide Material Testing as may be required for a project to include but not limited to:

o Construction materials testing by a certified lab for all compaction, concrete strength, asphalt thickness, and any other tests required per the specifications.

4. Provide Structural Design as may be required for a project to include but not limited to:

o Services include design of the concrete low water crossing/spillway and required slope paving based on scour/erosion analysis and weir analysis.

5. Provide Detailed Surveying as may be required for a project.

6. Provide Site Specific Testing as may be required for a project.

7. Provide Planning Studies as may be required for a project.

8. Provide Feasibility Studies as may be required for a project.

9. Provide Legal documentation for property and/or easements to be acquired (i.e., field notes, etc.).

10. Provide environmental site assessments as requested.

D. SUBMITTAL REQUIREMENTS

* INCLUDE INFORMATION REQUESTED BELOW IN BID SUBMISSION*

1. Statement of Qualifications (SOQ) must be submitted by mail to: Walker County, 1301 Sam Houston Ave., Suite 235, Huntsville, Texas 77340. SOQ must be clearly marked RFQ #C2360-27-001-RFQ Civil Engineering Services- Stubblefield Lake Road Improvements, Attention: Laura Buccafurni CTCD, CTCM, Purchasing Office. SOQ must be received on or before October 29, 2026 10:00 AM CST. Walker County is not responsible for mail delivery delays. SOQ shall include one (1) Original document and three (3) copies with one readable Flash Drive. The flash drive shall contain one (1) PDF document that has a table of contents and is indexed, or the saved documents shall be organized to replicate an index method.

2. Transmittal letter including:

• Brief statement of the firm’s understanding of the scope of the work to be performed.

• Confirmation that the firm meets the appropriate state licensing requirements to practice as an Engineer in Texas.

• Confirmation that the firm has not had a record of substandard work or unethical practices within the last five years.

• Confirmation that the respondent has been informed of the Terms and Conditions and 2 CFR

200.319 Contract Provisions (Attachment F). Respondent and or those representing the respondent, shall not have previously collaborated with Walker County as it pertains to Stubblefield Lake Road Improvements and the USDA U.S. Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-42 in any way including, but not limited to submitting quotes, engineering specifications or any subject matter expertise.

• Any other information that the firm feels appropriate to support their understanding.

3. Company Profile: Respondent shall demonstrate company profile to Walker County through their choice of literature, or handout such as a resume, company booklet, etc.

4. Qualifications, Experience and Performance: Indicate the firm’s experience and qualifications as they relate to the proposed scope of services and the evaluation criteria and all requirements of this RFQ including the following:

• Experience- Indicate and Explain

a. Experience with previously designed road construction type of projects, public works construction, design, review, and analysis including but not limited to categories of development shown in the Scope of Services.

b. Experience federally funded construction projects and have experience with 2CFR200.327 compliance projects within local government regulatory review and construction projects. A list of past local/ general region government clients, as well as resumes of all engineers/architects/surveyors that will or may be assigned to this project.

c. Extent of experience in project construction management

• Work Performance- Indicate and explain

a. Past projects completed on schedule

b. Project Management; Budgetary constraints

c. Bid solicitation development, documentation file maintenance for audit readiness

d. If your Firm is Full Service or will subcontract services out

• Capacity to Perform- Indicate and explain

a. Project Scope of Work Compliance or Management of Federal Compliance

b. Compliance Monitoring/Document Control and Oversight

c. Project Timeline to conform with urgency of road project completion

d. Adequacy of Resources; Including use of County supplied equipment and or materials.

e. Confirm Location of Firm/Assigned staff to project; Mileage radius shall be no more than 75 miles to Walker County. Walker County address point of reference shall be: 1100 University Avenue, Huntsville, TX 77340. Job site location shall be Stubblefield Road.

f. Experience of Staff including number of staff assigned to project

• A list of projects within the last five (5) years to include the following for each project:

a. Description of project;

b. Estimated amount of the project;

c. Length of project;

d. Completed on time and within budget; and

e. Were there any issues and how the issues were corrected.

5. Additional Information: Submissions shall include:

1. Conflict of Interest Questionnaire (Attachment A)

2. Certificate of Interested Parties Form 1295 (Attachment B)

3. House Bill 89 Verification (Attachment C)

4. System for Award Management (Attachment D)

5. Certificate of Insurance. (Attachment E)

6. Required Contract Provisions. (Attachment F)

7. Walker County Contract Affirmations. (Attachment G)

8. Certification Regarding Lobbying. (Attachment H)

9. USDA U.S. Forest Service Cooperative Agreement (FS Agreement No. 25-RO-11081300-42 (Attachment I)

10. References as specified.

E. REQUESTS FOR CLARIFICATIONS.

Requests for clarifications of this offer must be submitted by TUESDAY OCTOBER 20, 2026 by 12:00 PM CT.

Email bids@co.walker.tx.us. The subject line must read RFQ# C2360-27-001 Civil Engineering Services for Stubblefield Lake Road Improvements. All questions will be answered by addendum following the clarification deadline.

F. MANDATORY pre-bid site visit will be held on THURSDAY OCTOBER 15, 2026 AT 1:00 P.M. C.T. Attendance at the mandatory pre-bid site visit is required. The location of the site visit will be at: FM 1375 West & Stubblefield Lake Road, New Waverly, TX 77358. Please park in the parking area. Vendors will have the opportunity to tour the area where all work will be performed. We will begin promptly at 1:00p.m. If you will be attending the site visit, please send an email to bids@co.walker.tx.us requesting attendance. Include your first and last name, company you are with, position held. All questions that are asked and answered during the site visit will need to be formally submitted to the Purchasing Department via email to bids@co.walker.tx.us then an addendum addressing all questions that were submitted by the deadline will be answered and posted.

mailto:bids@co.walker.tx.us

G. EVALUATION CRITERIA

Walker County shall review the Statement of Qualifications (SOQ) and rank according to the following criteria:

Proposals will be reviewed by an evaluation committee. The County reserves the right to request additional information from proposers. Award selection will be made to the firm(s) offering the response that best meets the needs of the County. Each proposal will be evaluated based upon the following factors:

Experience Factor

1. Has previously designed road construction type of projects

2. Related Experience/ Background with federally funded construction projects and 2CFR200.327 compliance; including federal funding & reimbursement compliance policies.

3. Has worked on projects that were located in this general region.

Note: Location for A/E (Architect/Engineer) may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 2 CFR 200.321(b)(3)

4. Extent of experience in project construction management

SUBTOTAL, EXPERIENCE: 30 POINTS

Work Performance Factor

1. Past projects completed on schedule.

2. Project Management; Budgetary constraints, bid solicitation development, documentation file maintenance for audit readiness

3. Firm is Full Service or will subcontract services out

4. Services rendered are of consistently high quality with low level of errors.

SUBTOTAL, WORK PERFORMANCE: 30 POINTS

Capacity to Perform

Factor

1. Qualifications

a. Project Scope of Work Compliance or Management of Federal Compliance

b. Compliance Monitoring/Document Control and Oversight

Project Timeline to conform with urgency of road project completion

2. Adequacy of Resources; Including use of County supplied equipment and or materials.

3. Location of Firm/Assigned staff to project: Mileage radius shall be no more than 75 miles to Walker County. Walker County address point of reference shall be: 1100 University Avenue, Huntsville, TX 77340. Job site location shall be Stubblefield Road. Mileage Radius:____________

3. Experience of Staff including number of staff assigned to project

SUBTOTAL, CAPACITY TO PERFORM: 40 POINTS

*Walker County address point of reference to be 1100 University Avenue, Huntsville, TX 77340

TOTAL SCORE

Factor ◻ Experience 30 ◻ Work Performance 30 ◻ Capacity to Perform 40

Total Score 100

Submittals will be reviewed by an evaluation committee. The County reserves the right to request additional information from respondents. Award selection will be made to the respondent’s response that best meets the needs of the County. For this RFQ, respondent’s qualifications will be evaluated, and the most qualified respondent will be selected, subject to negotiation of fair and reasonable compensation. This Request for Qualifications is not to be construed as a contract or a commitment of any kind.

H. REFERENCES

Each Responder is to provide a minimum of three (3) verifiable business references within the last three (3) years for which the Responder has performed work.

1. Company Name:

Address:

Contact Person:

Telephone No.:

Brief Description of project:

2. Company Name:

Address:

Contact Person:

3. Company Name:

Address:

Contact Person:

I. 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 2 CFR 200.327 Contract Provisions

(Attachment F) and will be held responsible for having done so. Upon acceptance and approval by the Commissioner’s Court, this offer acts as a working contract between Walker County and the successful Respondent for the period designated.

2. The County is required to adhere to 2CFR200.319. Respondent and or those representing the respondent, may not have any previously collaborated with Walker County as it pertains to Stubblefield Lake Road Improvements and the USDA Forest Service Agreement (FS Agreement No. 25-RO-11081300-42) in any way including, but not limited, to submitting quotes, engineering specifications or any subject matter expertise. Respondent is required to adhere to 2CFR200.319.

3. 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 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 & three (3) copy of your bid response.

4. 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.

5. 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 Respondent.

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

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

8. Respondent 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.

9. 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.

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

11. 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 Respondent’s submit identical offers, the offer award will be determined by drawing of lots or as directed by the County Judge.

12. Respondents must furnish ALL information requested and, in the spaces, provided on the offer invitation form.

Further, if specified elsewhere, each Respondent 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.

13. 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 Respondent 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.

14. 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.

15. 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.

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

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

18. Any interpretations, corrections or changes to this Request for Qualifications will be considered for award.

Respondents 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 respondent has not taken exceptions and Walker County shall hold the respondent 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 Qualifications 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 Qualifications.

20. At the request of Walker County, respondent must supply, a list of at least three (3) references, 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 respondent upon request.

22. All services/products furnished by the successful respondent shall meet all requirements of the Occupational Safety and Health Act (OSHA) and Federal, State, and Local requirements relating to clean air and water pollution.

23. 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.

24. No purchase order authorizing services provided, funded under a contract to a successful Respondent may occur until Walker County has confirmed completion of all applicable agency approvals and has authorization to proceed.

J. FUNDING. Any resultant contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the County Commissioners Court.

K. AWARD OF CONTRACT. Contract may be awarded to one or more respondents in the event the selected respondent 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 next highest-ranking responsible respondent. The County reserves the right to establish a contract with the same terms and specifications herein with the next lowest responsible respondent.

L. CONTRACT CHANGES. This offer, when properly accepted by Walker County, shall constitute a contract equally binding between the successful respondent 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.

M. ETHICS. The respondent 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.

N. REQUIRED ATTACHED FORMS.

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, this 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. An offence under this section is a Class C 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)

*The Texas Legislature passed HB1295 in their last legislative session which added section 2252.908 to the Texas Government Code that now requires that a governmental entity receive a Certificate of Interested Parties Texas Ethics Commission Form 1295 before entering into a contract with Walker County. A notice to the appropriate local governmental entity that the following local government officer has become aware of the facts that require the officer to file this statement in accordance with chapter 176, Local Government Code.

HOUSE BILL 89 VERIFICATION. (ATTACHMENT C)

Pursuant to Section 2270.001, Texas Government Code.

System for Award Management. (ATTACHMENT D) Respondents must have an active registration in the System for Award Management (https://www.sam.gov/SAM/).

Respondents and its principals may not be debarred or suspended. Include verification that the service provider as well as its principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov).

This clearance information should be included in the service provider’s Proposal.

Certificate of Insurance. (Attachment E) A copy of your current certificate of insurance for professional liability.

Required Contract Provisions. (Attachment F) 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 Contract Affirmations. (Attachment G) Bidder shall review Walker County Contract Affirmations.

http://www.ethics.tx.us/ https://www.sam.gov/SAM/ http://www.sam.gov/

Certification Regarding Lobbying. (Attachment H) Bidder shall review and sign Certification Regarding Lobbying.

Forest Service Agreement. (Attachment I) USDA U.S. Forest Service Cooperative Agreement Project (FS Agreement No. 25-RO-11081300-42)

O. INDEMNIFICATION. Successful respondent 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 respondent, 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 respondent 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 respondent shall pay any judgment costs, which may be obtained, against Walker County growing out of such injury or damages.

P. TERMINATION FOR DEFAULT. In the event the successful respondent 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 respondent 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 respondent, default will be declared and all the successful respondent’s rights shall terminate. Respondent, in submitting this offer, agrees that Walker County shall not be liable to prosecution for damages in the event that Walker County declares the respondent 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 respondent breaches any of the terms therein, including warranties of respondent or if the respondent 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.

Q. 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.

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 respondent to notify the auditor’s office of this change at payables@co.walker.tx.us.

mailto:payables@co.walker.tx.us

R. TERM OF CONTRACT. The initial term of this contract shall be from Date of Award through project completion.

Project completion estimated to be 07/31/2028.

Walker County reserves the right to extend this contract through written mutual consent of both parties at the same terms, conditions and prices as stated in the Invitation to Bid at one-year intervals not to exceed four consecutive extensions. Contract renewal periods will be:

October 1, 2027 through September 30, 2028

This contract may be renewed for one (1), one (1) year extensions, provided both parties agree in writing and approval of Walker County Commissioner’s Court is granted. Any extensions shall be at the same terms and conditions, plus any written approved changes.

Option to Extend Services In order to address the immediate operational or service delivery needs, the Department may require continued performance beyond the Contract Term or any Option Period(s) exercised in this Contract.

The Department may exercise an extension of services under this section for a maximum of six (6) months.

Any extension made pursuant to this section shall be subject to budget approval.

No renewal or extension represents a commitment of grant funded purchases are limited to the applicable grant period of performance, approved budget and agency authorization.

Price increases or decreases may be allowed on renewal years and increases must be approved by Commissioner’s Court. Any price change will be evaluated against the Consumer Price Index (CPI) and/or market survey conducted by the County. The following website will be used to calculate the CPI:

http://www.bls.gov/data/inflation_calculator.htm. Baselines for the CPI will be the month and year in which the open purchase order was created.

S. INSURANCE REQUIREMENTS.

The awarded respondent shall furnish a certificate of insurance to the Walker County Purchasing Office via email:

purchasing@co.walker.tx.us and keep in full force the following insurance during the term of this Contract. All insurance and certificate(s) of insurance shall contain the following provisions:

Additional Insured: Name the County, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance.

Cancellation, Non-Renewal, Material Change: Provide for at least thirty (30) days prior written notice to the County for cancellation, non- renewal, or material change of the insurance.

Waiver of Subrogation: Provide for a waiver of subrogation against the County for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance.

http://www.bls.gov/data/inflation_calculator.htm mailto:purchasing@co.walker.tx.us

Insurance Company Qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service.

Certificate of Insurance: A certificate of insurance evidencing the required insurance shall be submitted with the contractor’s Statement of Qualifications or response to qualifications. If the contract is renewed or extended by the County, a certificate of insurance shall also be provided to the County prior to the date the contract is renewed or extended.

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

2. Professional Liability requirement (Errors and Omissions) minimum $1 million per claim/ $1 million aggregate with provision that coverage be maintained for at least 2-3 years post project completion (tail coverage).

3. 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 $1,000,000 per occurrence.

4. Commercial Automobile Liability at minimum combined single limits of minimums: $30,000 per person / bodily injury, $60,000 per accident / bodily injury and $25,000 property damage per including owned, non-owned, and hired vehicle coverage.

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

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

7. All of the aforementioned policies shall be issued immediately after the Respondent 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 Respondent, nor failure to disapprove the insurance shall relieve the successful Respondent of full responsibility of liability, damages and accidents as set forth herein.

No additional payments shall be made for any insurance that the successful Respondent may be required to carry. It is the responsibility of the successful Respondent to provide renewals of their insurance at expiration during the contract term. Payments will be withheld until current Certificates of Insurance are received.

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.