27-02 - SPECS - final 9.23.26.pdf

Montgomery County Specification Download Acknowledgement

Request for Qualifications

ENGINEERING SERVICES PROJECT #27-02

FOUR (4) BRIDGES SPECS

PRECINCT 4 CSJ #0912-37-260

VENDORS MUST IMMEDIATELY RETURN THIS FORM BY EMAIL: purchasing@mctx.org

Vendor Responsibilities o Vendors must download and complete any addenda o Vendors must submit responses in accordance with requirements stated on cover of document o Vendor must submit 1295 form with Bid/Proposal

Detailed information regarding 1295 can be found under item 49 in the attached Terms and Conditions.

Texas Ethics Commission website for 1295:

https://www.ethics.state.tx.us/filinginfo/1295/

For completing the 1295:

Contract ID: 5848 Description: Project #27-02

Montgomery County will not be responsible for inaccurate or incomplete specifications and/or addenda pertaining to any bid/proposal that is received electronically.

Legal Name of Contracting Company

Contact Person

Complete Mailing Address

Telephone Number Email Address

Signature Date mailto:purchasing@mctx.org https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https%3A%2F%2Fwww.ethics.state.tx.us%2Ffilinginfo%2F1295%2F__%3B!!LcE3fNvU!D1u05JFlwwFILjeXBKFlWgBC66QASby3o1R2Bu-W8Lew662GiFlbJ6JmqF9JsJGe4Pt5E6qx_J1m4Y-BGUgoVFMlsLk4AemU%24&data=05%7C02%7Cmatthew.alexander%40mctx.org%7C38e619ecc3bf46cd26b308de89ad3e32%7C7a605285cfe64adb89b5fe5eebecb188%7C0%7C0%7C639099574352283435%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=2Wq08zvOlO77zoEEkNWEPQQpQOyFpwxd4roIkRUILS0%3D&reserved=0

TABLE OF CONTENTS

REQUEST FOR QUALIFICATIONS (RFQ) PACKAGE CHECK LIST

RFQ ENGINEERING SERVICES

MONTGOMERY COUNTY GENERAL TERMS AND CONDITIONS

APPLICABLE LAWS AND REGULATIONS

APPENDIX A, 44 C.F.R. PART 18 CERTIFICATION REGARDING LOBBYING

DOT ORDER NO. 1050.2A

FHWA 1273

REFERENCES

VENDOR FORMS

Project #27-02 - Engineering Services for Four (4) Bridges - Precinct 4 4

COMPANY NAME

RFQ PACKAGE CHECK LIST

Only items marked with an “X” are applicable to this bid.

Respondents should review the package thoroughly.

If additional information is needed, contact Montgomery County Purchasing Dept. at 936-539-7980.

Respondent must check each task as it is completed.

Include this form with the appropriate proposal documents.

Required Required

X

PROPOSAL FORMS

Must be completed and signed in ink. Failure to do so may cause Proposal to be rejected.

X Ethics Training* completed and Certificate of Completion included with proposal response *click on link to complete training

X Appendix A, 44 CFR Part 18 – Certification Regarding Lobbying

X DOT Order No. 1050.2A

X References

X Vendor Information Form

X

GENERAL REQUIREMENTS AND

TERMS

Respondent should be familiar with all General Requirements and Terms.

X Acknowledgement Form

X W-9 Submittal

X Bidder/Offeror Self Certification

BID BOND REQUIREMENTS

This Bond applies to certain Bids as stated in Montgomery County Terms and Conditions.

X Certification Regarding Government-Wide Debarment and Suspension

X

SUBMITTING PROCEDURE

Company Name

Project Number

Opening Date

Project Title

X Israel Boycott Statement

X Antitrust Certification Statement

X Conflict of Interest Questionnaire (CIQ)

X State of Texas Child Support Business Ownership Form

X Verification

X Certificate of Interested Parties (Form 1295)

AFTER AWARD IS MADE, THE FOLLOWING DOCUMENTS MUST BE PROVIDED

Check if you are prepared to provide these after award, as required.

Required Required

TEST REPORTS SAFETY DATA SHEETS

PERFORMANCE BOND

REQUIREMENTS

This Bond applies to bids that exceed $100,000 as stated in the Montgomery County Terms and Conditions.

PAYMENT BOND REQUIREMENTS

This Bond applies to bids that exceed $25,000 as stated in the Montgomery County Terms and Conditions.

INSURANCE INFORMATION

Required Required

X

WORKERS’ COMPENSATION

Check if you are prepared to provide this after award, as required, if applicable.

X

ACTIVE VENDOR

Check here only if your company has conducted business with Montgomery County within the past year; AND all current insurance certificates are on file at this time. X

PROFESSIONAL LIABILITY

Check if you are prepared to provide this after award, as required, if applicable.

It is the respondent’s responsibility to be thoroughly familiar with all Proposal Requirements and Specifications.

Project #27-02 - Engineering Services for Four Bridges - Precinct 4 5 https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php

Project #27-02 – Engineering Services for Four (4) Bridges – Precinct 4

MONTGOMERY COUNTY

REQUEST FOR QUALIFICATIONS

FOR

ENGINEERING SERVICES

Montgomery County (County) seeks qualified firms (Respondent) who can provide Engineering, Surveying, and Permitting Services to develop construction plans for four (4) bridges located in Montgomery County Precinct 4, in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications. The project is funded whole or in part by the U.S.

Federal Highway Administration (FHWA) CFDA No 20.205 Federal dollars and/or from the Texas Department of Transportation (TXDOT) CCSJ #0912-37-260. Engineering services must be performed in compliance with the FHWA and guidelines issued by the TXDOT.

RFQ CONTACT

This RFQ is issued by the County Purchasing Agent on behalf of Montgomery County, Texas.

Thus, responses should be directed to the Purchasing Agent as outlined below. Respondents are specifically directed NOT to contact any County personnel for meetings, conferences or technical discussions that are related to this RFQ other than specified herein. Unauthorized contact of any County personnel will likely be cause for rejection of the Respondent’s response.

All communications regarding the RFQ shall be directed to the County’s RFQ Contact.

Communications with the RFQ Contact is permitted via email, facsimile or written correspondence.

RFQ CONTACT:

Matthew Alexander Senior Buyer Re: Project# 27-02 Engineering Services for Four (4) Bridges 501 N. Thompson, Suite 405 Conroe, TX 77301 Matthew.Alexander@mctx.org

1. SUBMISSION REQUIREMENTS

1.1. Firms shall not contact any Montgomery County personnel regarding this RFQ, evaluation or selection process from the time the RFQ is issued until the time a notification of intent to award is announced without express permission from the Office of the Montgomery County Purchasing Agent. The Montgomery County Purchasing Agent may disqualify any firm who has made site visits, contacted personnel, or distributed any literature without authorization from this office. Montgomery County may initiate discussions with firms; however, firms may not initiate discussions.

Montgomery County expects to conduct discussions with firm personnel authorized to contractually obligate the firm with an offer.

mailto:Matthew.Alexander@mctx.org

1.2. Firms are encouraged to review this entire RFQ upon receipt.

Questions concerning this RFQ must be submitted in writing and directed to Matthew Alexander, Senior Buyer, 501 N. Thompson, Suite 405, Conroe, Texas 77301, matthew.alexander@mctx.org. Responses to questions will be compiled and the answers forwarded in writing prior to all firms via addendum. Deadline for submission of questions and/or clarification is Wednesday, October 7, 2026 at 2:00 p.m. (CST).

Requests received after the deadline will not be responded to due to the time constraints of this RFQ process.

1.3. To facilitate evaluation of qualifications, one (1) original, and one (1) electronic response on flash drive. Flash drive must contain only one (1) file in PDF format and must match the original and copies of the response identically. Failure to provide proper electronic response may be cause for disqualification.

1.4. Confidential information is to be placed in a separate envelope denoted as “confidential”.

1.5. Response shall be submitted to the address shown below. Response shall be signed in ink, by a person having the authority to bind the firm in a contract.

Montgomery County Purchasing Agent’s Office

501 N. Thompson, Suite 405 Conroe, TX 77301

Project Number: 27-02 For:

Engineering Services for Four (4) Bridges Montgomery County Commissioner Precinct 4

1.6. Respondents may submit their response any time prior to the Opening Date and time.

The Respondents’ name and address as well as a distinct reference to the Project Number above shall be marked clearly on the submission. All responses are time-stamped upon receipt and are securely kept, unopened, until the Opening Date. No responsibility will attach to the County, or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a response not properly addressed and identified. No oral, telegraphic, telephonic, or facsimile responses will be considered.

1.7. RFQs may be modified or withdrawn prior to the established opening date by delivering written notice to the RFQ contact. Any alteration made prior to opening date and time shall be initialed by the signer of the response, guaranteeing authenticity.

mailto:matthew.alexander@mctx.org

1.8. RFQs time-stamped after the due date and time will not be considered and will be returned to the Firm unopened. Regardless of the method used for delivery, respondents shall be wholly responsible for the timely delivery of submitted RFQ’s.

1.9. The Respondents’ name and address shall be clearly marked on all copies of the response.

2. TENTATIVE SCHEDULE OF EVENTS

2.1. Release of RFQ: Wednesday, September 23, 2026

2.2. Deadline for Questions: Wednesday, October 7, 2026 by 2:00 p.m. CST

2.3. Responses due: Wednesday, October 21, 2026 by 2:00 p.m.CST

3. PROPRIETARY INFORMATION

3.1. If a response includes any proprietary data or information that the respondent does not want disclosed to the public, such data or information must be clearly identified on every page on which it is found. Data or information so identified will be used by Montgomery County officials and representatives solely for the purpose of evaluating responses and conducting contract negotiations.

4. INCURRED COSTS

4.1. Those submitting responses do so entirely at their expense. There is no expressed or implied obligation by the County to reimburse any individual or firm for any costs incurred in preparing or submitting responses, for providing additional information when requested by the County or for participating in any selection interviews, including discovery (pre-contract negotiations) and contract negotiations.

5. ACCEPTANCE

5.1. Submission of any Response indicates a Respondents acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise in their response.

5.2. Furthermore, the County is not bound to accept a response on the basis of lowest price, and further, the County has the sole discretion and reserves the right to cancel this RFQ, to reject any and all RFQ’s, to waive any and all informalities and or irregularities, or to re-advertise with either the identical or revised specifications, it is deemed to be in the County’s best interests. The County reserves the right to accept or reject any or all the items in the RFQ, and to award the contract in whole or in part and/or negotiate any or all items with individual Respondents if it is deemed in the County’s best interests.

5.3. Although Montgomery County desires to negotiate a contract with a selected Respondent, the Commissioners’ Court may award the contract based on the initial responses received, without discussions. Therefore, each initial submission should contain the Respondent’s best terms.

6. INTERPRETATIONS, DISCREPANCIES AND OMISSIONS

6.1. It is incumbent upon each potential Firm to carefully examine these specification, terms and conditions. Should any potential Respondent discover discrepancies, omissions or ambiguities in this RFQ, the Respondent shall, at once, request, in writing, an interpretation from the County’s RFQ Contact. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information shall be made in writing via e-mail only to the County’s RFQ Contact, as specified herein.

7. RETENTION OF RESPONDENT MATERIAL

7.1. The County reserves the right to retain all responses regardless of which response is selected. All responses and enclosed documents become the property of the County.

8. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

By submission of a RFQ, each Respondent certifies that in connection with this procurement:

8.1. The prices, if applicable, in this response have been arrived at independently, without consultation, communication or agreement with any other Respondent; with any competitor; or with any County employee(s) or consultant(s) for the purpose of restricting competition on any matter relating to this RFQ.

8.2. Unless otherwise required by law, the prices which have been quoted in this RFQ have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to award directly or indirectly to any other Respondent or to any competitor; and;

8.3. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a response for the purpose of restricting competition.

9. CONFIDENTIAL MATTERS

9.1. All data and information gathered by the Respondent and its agents, including this RFQ and all reports, recommendations, specifications and data shall be treated by the Respondent and its agents as confidential. The Respondent and its agents shall not disclose or communicate the aforesaid matters to a third party or use them in advertising, publicity, propaganda and/or in another job or jobs, unless written consent is obtained from the County.

9.2. RFQ will only be publicly received and acknowledged only so as to avoid disclosure of the contents to competing Respondents and kept secret during negotiation. However, all responses shall be open for public inspection after the contract is awarded. Trade secrets and any material that is considered to be confidential information contained in the response and identified by the Respondent as such will be treated as confidential to the extent allowable under the Texas Public Information Act.

10. LIMITS OF SUB-RESPONDENTS

10.1. The County has approval rights over the use and/or removal of all subcontractors and/or firms. Respondents shall identify all subcontractors in their response and these subcontractors shall conform to all County policies.

10.2. Any dispute between the Respondent and subcontractor(s), including any payment dispute, will be promptly remedied by the Respondent. Failure to promptly remedy or to make prompt payment to subcontractor may result in withholding of funds from the Respondent by the County for any payments owed to the subcontractor.

11. JURISDICTION, VENUE, CHOICE OF LAW

11.1. This RFQ and any contract resulting there from shall be governed by and construed according to the laws of the State of Texas. Should any portion of any contract be in conflict with the laws of the State of Texas, the state laws shall invalidate only that portion. The remaining portion of the contract(s) shall remain in effect. Any lawsuit shall be governed by Texas law and Montgomery County, Texas shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this RFQ process and resulting Agreements.

12. INSURANCE

12.1. All respondents must submit, with RFQ, a certificate of insurance indicating coverage in the amounts stated below. In lieu of submitting a certificate of insurance, respondents may submit, with RFQ, a notarized statement from an Insurance company, authorized to conduct business in the State of Texas, and acceptable to Montgomery County, guaranteeing the issuance of an insurance policy, with the coverage stated below, to the contractor named therein, if successful, upon award of this Contract. Failure to provide insurance certificate or notarized statement may result in disqualification of submittal.

12.2. The certificates of insurance to be satisfactory to Montgomery County, naming the Contractor and its employees as insured:

12.2.1. Workers’ Compensation in accordance with the laws of the State of Texas.

Substitutes to genuine Workers’ Compensation Insurance will not be allowed.

12.2.2. Employers’ Liability insurance with limits of not less than $1,000,000 per injury by accident, $1,000,000 per injury by disease, and $1,000,000 per bodily injury by disease.

12.2.3. Commercial general liability insurance with a limit of not less than $1,000,000 each occurrence and $2,000,000 in the annual aggregate. Policy shall cover liability for bodily injury, personal injury, and property damage and products/completed operations arising out of the business operations of the policyholder.

12.2.4. Business Automobile Liability coverage applying to owned, non-owned and hired automobiles with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage combined.

12.2.5. Professional Liability insurance with limits not less than $1,000,000 each claim/annual aggregate.

12.3. The County shall be named as additional insured to all required coverage except for Workers’ Compensation and Professional Liability (if required). All Liability policies written on behalf of Contractor shall contain a waiver of subrogation in favor of the County.

12.4. If required coverage is written on a claims-made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of the Contract. Contractor also warrants that continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the work under this Contract is completed.

12.5. Contractor shall not commence any portion of the work under this Contract until the insurance required herein is obtained and certificates of such insurance have been filed with and approved by Montgomery County.

12.6. No cancellation of, or material change to the policies, may be made without sixty (60) days prior, written notification to Montgomery County.

12.7. Approval of the insurance by Montgomery County shall not relieve or decrease the liability of the Contractor.

12.8. All insurance companies must maintain A.M. Best’s rating of A-VII or higher.

13. INDEPENDENT CONTRACTOR

13.1. The Respondent is an independent contractor, and no employee or agent of the Respondent shall be deemed, for any reason, to be an employee or agent of the County.

14. GENERAL

14.1. Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

14.2. Submittals and any other Respondent information in response to this RFQ shall become the property of Montgomery County.

14.3. Montgomery County will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for submittal preparation or for any demonstrations that may be made, unless otherwise expressly stated or required by law. Respondents shall submit qualifications at their own risk.

14.4. Each submittal should be prepared simply and economically, providing a straightforward, concise description of your firm’s ability to meet the requirements, and an understanding of the County’s needs.

14.5. Montgomery County makes no guarantee that an award will be made as a result of this RFQ. Montgomery County reserves the right to accept or reject any or all submittals, with or without cause, waive any formalities or minor technical inconsistencies, or delete any item/requirement from this RFQ or contract when deemed to be in the County’s best interest. Representations made within the qualifications submittal and any subsequent proposal will be binding on responding firms. Montgomery County will not be bound to act by any previous communication or submittal by the firms other than those responding to this RFQ.

[Remainder of this page intentionally left blank]

15. SCOPE OF SERVICES

SUMMARY:

Engineering, Surveying, and Permitting Services to develop construction plans to reconstruct four (4) bridges in Montgomery County, as shown in “Scope of Services Exhibit A”

Montgomery County (the “County”) is requesting proposals from qualified professional engineering firms (the “Consultant”) to perform engineering, surveying, and permitting services to develop four (4) separate sets of construction plans for four (4) bridges located in Montgomery County Precinct 4.

15.1. General Project Description

1.1 The locations of these bridges proposed for reconstruction within Montgomery County Precinct 4 are:

1.1.1. Pickering Rd. at Dry Creek

1.1.2. Gene Campbell Blvd. at Unnamed Tributary

1.1.3. Albert Moorhead Road at Crystal Creek Tributary No. 1

1.1.4. Albert Moorhead Road at Crystal Creek Tributary No. 1.2

15.2. Engineering Services

The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the special specifications and provisions related to it. The design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards.

SCOPE OF SERVICES

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT A (cont.)

16. RESPONSE AND SUBMISSION REQUIREMENTS

16.1. Any interested firm shall submit the following in the order listed and separated by tabs:

I. Firm’s Executive Summary

1. Name of the organization

2. Physical and mailing address

3. Primary contact for this submission

4. Telephone number, fax number and email address of the primary contact

5. Year company was founded

6. Indicate if the firm has operated under a different name. If so, please provide former name(s) and year(s) of operation

16.2. Request for Qualifications (RFQ) Submission Requirements:

RFQs must take the form of a bound 8-1/2-inch by 11-inch report with a Table of Contents and all pages numbered in sequence (maximum 20 pages, single sided, including executive summary but excluding the insurance certificate). Please use Arial minimum 10 font with half-inch page margins. Binding must allow reports to lay flat when open and may be either wire or GBC. Format of the report shall have portrait format with binding on the left side. Contents must be submitted in order listed in 17.1.1.

Required forms, references, and Proof of Insurance do not count in 20-page limit.

All other pages are counted in the 20 page limit.

One (1) original response and one (1) electronic response on flash drive. Flash drive must contain only one (1) file in PDF format and must match written response identically.

Failure to provide proper flash drive is cause for disqualification. RFQs must be delivered to:

Kelly Vidal, CCPB, CPPO, NIGP-CPP, County Purchasing Agent Attn: Project #27-02

Montgomery County Purchasing Department 501 N. Thompson St., Suite 405

Conroe, TX 77301

17. EVALUATION CRITERIA

17.1. In order to facilitate the analysis of responses to this RFQ, Respondents are required to prepare their responses in accordance with the instructions outlined in this part.

Responses should be prepared as simply as possible and provide a straightforward, concise description of the Respondent’s capabilities to satisfy the requirements of the RFQ. Emphasis should be concentrated on accuracy, completeness and clarity of content. All parts, pages, figures and tables should be numbered and clearly labeled.

17.1.1. Respondents are required to follow the outline below when preparing their responses:

Intro: Title Page Table of Contents Executive Summary Firm Information

Experience Project Approach Technical Approach

17.1.2. Include any exceptions to the RFQ requirements in the applicable section.

17.1.3. Executive Summary – This part of the response to the RFQ should be limited to a brief narrative highlighting the Respondent’s submission.

Pricing is not requested in this RFQ. Note that the executive summary should identify the primary contacts for the Respondent.

17.1.4. Respondents will be evaluated utilizing the factors as weighted below:

Firm Information

Factor Max Pts.

1 Cover letter introduces team and certifies accuracy of statement of qualifications.

2 Organizational chart shows entire team and key staff (including any subcontractors).

Subtotal, Firm Information 10

Experience Factor Max Pts.

1 Has experience with similar projects (engineering, surveying, permitting, and construction plans for bridges).

2 Has previously worked on projects that were funded and reviewed by TxDOT.

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

Subtotal, Experience 35

Project Approach

Factor Max Pts.

1 Plan that shows strong understanding of the project schedule, with reviews at 30%, 60%, and 90% completion.

2 Plan for delivery of preliminary engineering, surveying, permitting, and construction plans, with reviews at 30%, 60%, and 90% completion.

Subtotal, Project Approach 40

Technical Approach

Factor Max Pts.

1 Has an understanding of the project requirements, grant requirements, and TxDOT guidelines; and has the ability to address them.

Subtotal, Technical Approach 15

TOTAL

SCORE

Factor Max Pts.

Firm Information 10 Experience 35 Project Approach 40 Technical Approach 15 Total Score 100

18. EVALUATION PROCESS

18.1. Request for Qualifications will be evaluated by a committee comprised of County staff.

The committee will review RFQs submitted and may develop a short list of not more than three (3) FIRMS. These firms may be requested to submit additional information and may be invited to interview with the Committee. Based on further review, the committee will forward their recommendations to the Montgomery County Commissioners’ Court.

18.2. Any submitted qualifications shall remain valid for six (6) months after the RFQ due date or until Montgomery County executes a contract, whichever is sooner. Montgomery County may, in the event the selected firm fails to perform and/or the contract is terminated within forty-five (45) days of its initiation, enter into discussions with the next most qualified firm(s).

18.3. The evaluation team shall not disclose any information included in a Respondent’s response to another firm during the RFQ process and shall not disclose any information for the purpose of bringing one firm’s response up to that of a competitor’s response.

18.4. Montgomery County reserves the right to reject any or all responses received for any reason that would be to the benefit of Montgomery County.

19. AWARD

19.1. The County will select the respondent whose RFQ is the highest evaluated and most responsible for the County. Contractual commitments are contingent upon the availability of funds, as evidenced by the issuance of a purchase order. All contracts are subject to the approval of the County’s legal counsel and Commissioners’ Court prior to execution. Once awarded, the contract will be the final expression of the agreement between the parties and may not be altered, changed or amended except by mutual agreement, in writing.

19.2. Any actual or prospective bidder, offeror, or contractor who feels they have been aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest prior to award of contract. Formal protests to award must conform to the requirements set forth in Montgomery County, Texas Purchasing Policy Manual Section

3.4 Vendor Protest Procedures, and shall be resolved in accordance with the procedure.

20. CONTRACTUAL OBLIGATIONS

20.1. This Request for Qualifications, response and associated documentation, and negotiations and final contract, when properly accepted by Montgomery County, shall constitute a contract equally binding between the Respondent and Montgomery County.

MONTGOMERY COUNTY

REQUEST FOR QUALIFICATIONS

GENERAL TERMS AND CONDITIONS

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY, YOU ARE RESPONSIBLE FOR

FULFILLING ALL SPECIFICATIONS AND REQUIREMENTS.

1. COMPLETION OF DOCUMENT: MONTGOMERY COUNTY is aware of the time and effort you expend in preparing and submitting qualifications to the County. Please let us know of any qualification requirements which are causing you difficulty in responding to our RFQ. We want to make the process as easy as possible so that all responsible vendors can compete for the County’s business.

Fill out completely and return the number of documents specified in the invitation in a sealed envelope properly marked with TITLE OF REQUEST FOR QUALIFICATIONS AND PROJECT NUMBER, stating, and clearly stating DO NOT OPEN IN MAIL ROOM. Original RFQ shall be clearly marked “ORIGINAL” and contain all original signatures.

Electronic Signatures can be accepted on documentation that requires signatures. If there is a question regarding the authenticity of the signature Montgomery County Reserves the right to request verification.

Respondents shall provide with this RFQ response, all documentation required herein. Failure to provide this information may result in rejection of RFQ.

2. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE RESPONDENTS: A prospective respondent must affirmatively demonstrate respondent’s responsibility. A prospective respondent must meet the following requirements:

a) have adequate financial resources, or ability to obtain such resources as required;

b) be able to comply with the required or proposed schedule;

c) have a satisfactory record of performance;

d) be otherwise qualified and eligible to receive an award.

Montgomery County may request representation and other information sufficient to determine responder’s ability to meet the minimum standards listed above.

3. REFERENCES: Montgomery County requests responder to supply, with this RFQ, a list of references where like services have been supplied by their firm. Include name of firm, contact person, address, telephone number and fax number.

4. AWARD: The Commissioners’ Court of Montgomery County (County) reserves the right to award the contract to the BEST AND MOST RESPONSIBLE RESPONDENT in accordance with laws of the State of

Texas, to waive any formality or irregularity, to make awards to more than one responder, to reject all RFQ’s or require new RFQ’s if in the best interest of the County. By law, County is not obligated to accept a non-compliant RFQ.

To obtain results, or if you have any questions, please contact the Purchasing Office at 936.539.7980.

5. CONTRACT FULFILLMENT: The Commissioners’ Court of Montgomery County must, by law, award all contracts, and the Commissioners’ Court must sign all contracts and agreements before they become

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 20 binding on the County. This RFQ and all of its content becomes part of the contract between the awarded vendor and Montgomery County for the time period designated.

6. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Change Orders to the contract will be made in writing by the Purchasing Agent and approved by Commissioners’ Court.

7. PRICING: If applicable, prices for services shall be firm for the duration of the contract and shall be stated in the contract. Prices shall be all inclusive, unless specifically approved in writing by the Commissioners’

Court. All invoices shall detail services performed and have supporting documentation as required by the

County Auditor. Invoices shall be issued for each Purchase Order, must be originals or certified copies of original, and shall be mailed directly to the Montgomery County Auditor, P.O. Box 539, Conroe, TX, 77305.

8. TERMINATION: During the term of the contract, County retains the right to immediately cancel any agreement between the parties should services performed by respondent not meet specifications. County also retains the right to cancel the agreement due to budget restraints. In any case, with or without cause, County may terminate any agreement upon thirty (30) days written notice deposited in the United States mail.

9. PAYMENT TERMS: Unless otherwise specified by Montgomery County Commissioners’ Court, payment terms will be “Net 30” after receipt of product(s), material(s), service(s) or invoice, whichever is later.

10. RECORDS: Vendors shall maintain records for one year after project has been accepted by Montgomery

County, or any longer term specified in the contract.

11. FUNDING OUT: It is expressly understood and agreed that County has available the total maximum sum of funds hereinafter certified available by the County Auditor for the purpose of satisfying County’s obligations under the terms and provisions of the agreement; and not withstanding anything to the contrary or that may be construed to the contrary, the liability of County is limited to said sum, plus additional amounts of funds from time to time certified available for the purpose of satisfying the County’s obligations under the terms and provisions of this agreement. The sole and exclusive remedy of responder shall be to terminate the agreement.

Funds for payment have been provided through the Montgomery County budget approved by the Montgomery

County Commissioners’ Court for this fiscal year only. State of Texas Statutes prohibit 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 Montgomery County fiscal year shall be subject to budget approval.

12. TAXES: County is a body corporate and political subdivision under the laws of the State of Texas and claims exemption from Limited Sales and Use Tax to the State of Texas, under Texas Tax Code Ann. Section

151.309, as amended. Exemption Certificates will be provided to responder upon request. County is subject to Federal Excise Tax.

13. LICENSES: Respondent is responsible for obtaining and keeping current requisite licenses and permits necessary for the activities under this agreement, including ensuring that any drivers employed by responder are properly licensed.

14. ASSIGNMENT: County shall have the right to sell, transfer or assign, in whole or in part, all of its rights and obligations hereunder. In such event and upon the assumption of such transfer of County’s obligations hereunder, no further liability or obligation shall thereafter accrue against County. The successful respondent

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 21 shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of

Montgomery County Commissioners’ Court or appointed agent.

15. NOTICE: All notices required hereunder shall be deemed to have been properly given when made in writing and sent by mail with adequate postage in the United States mail.

16. WAIVER: The failure of either Party hereto, in any or more than one instance, to insist upon the performance of any term, covenant, or condition of this RFQ or the contract or to exercise any right or privilege, or the waiver by either Party of any breach of any of the terms, covenants, or conditions of the agreement, shall not be construed as thereafter waiving that or any other such term, covenant, condition, right or privilege, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

17. TEXAS LAW: The contract will be governed and construed according to the laws of the State of Texas and is performable in Montgomery County, Texas. The successful responder and Montgomery County agree that both Parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

18. COMPLIANCE WITH LAW: The contract and all services performed thereunder must comply with all federal, state, county and local laws concerning the same types of services.

19. TORT CLAIM: The County shall be responsible only for the acts or failure to act of its own employees, agents, or servants; provided, however, such responsibility shall be subject to the terms, provisions and limitations of the Constitution and Laws of the State of Texas, particularly the Texas Tort Claims Act. In no event will the County be held to waive any immunity, defense or liability cap available to it by law.

20. INDEMNIFICATION: The Parties agree that under the Constitution and Laws of the State of Texas, the

County cannot enter into a contract whereby it agrees to indemnity any other Party; therefore, all references of any kind to the County indemnifying, holding or saving harmless for any reason whatsoever is of no effect.

Respondent agrees to defend and indemnify the County and all of its officials, employees, agents and invitees from and against all claims, demands, actions, damages, losses and expenses, including court costs and reasonable attorney’s fees, and any and all loss, damage, injury, or death arising out of or in connection with and during the performance of services under the contract and pursuant to this RFQ.

Respondent is to maintain sufficient insurance coverage on its personnel and property, and require its subcontractors to maintain sufficient insurance to cover the above eventualities.

A report of any loss, damage, injury or death to any person or property in any way arising under this agreement shall be sent by certified or registered mail to the County Attorney’s Office within ten (10) days from an event. Such written report shall be a full and complete account of the incident.

In addition, respondent represents and warrants unto County that the use or construction of any and all tools, equipment, products, or services furnished by respondent or used by respondent in the performance of services under the contract shall not infringe upon any patent or license which has been issued or applied for; accordingly, the responder shall indemnify and hold County harmless from and against any and all claims, demands, and causes of action of any kind and character in favor of or made by any patentee, licensee, or claimant of any right or priority to any such tool, equipment, product or service.

21. SPECIFICATIONS: In the event any conflict arises between specifications of the RFQ, the qualifications or the final approved Contract, the specifications of the contract shall rule and take precedence, unless specifically indicated and approved in writing by the County.

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 22

The apparent silence of these RFQ specifications as to any detail or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the RFQ specifications shall be made on the basis of this statement.

22. INSURANCE: County may request Respondent to provide, before award, Certificates of Insurance relating to the following categories of insurance, if required by law:

a) Workers’ Compensation

b) Comprehensive General Liability Insurance

c) Automobile Liability Insurance

d) Professional Liability

Montgomery County requests that the Vendor maintain in force such insurance as will protect themselves and the County from claims which may arise out of, or result from the execution of, the work, whether such execution be by themselves, their employees, subcontractors, or by anyone for whose acts may be liable.

23. CONFLICT OF INTEREST: Potential respondents are advised that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176.

24. INTERLOCAL PARTICIPATION: Additional governmental entities may purchase from the contract, contingent upon mutual agreement between the contractor and other governmental entities. In that event, the contractor agrees to accept purchase orders from those participating entities and to invoice each entity separately.

25. CHANGE OF OWNERSHIP: Should there be any change in ownership or management of the respondent during the term of the contract, the contract may be cancelled by the County without mutual agreement with the new owner or manager to continue the contract under its present provisions and prices. The contract is non-transferable or assignable with the express written consent of the County.

26. ANNUAL CONTRACTS: Respondents may be disqualified and their response not considered, among other reasons, for any of the following specific reasons:

a) The respondent being interested in any litigation between both parties.

b) The respondent being in arrears on any existing contract or having defaulted on a previous contract.

c) Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc.

d) Uncompleted work, which in the judgment of the County, will prevent or hinder the prompt completion of additional work, if awarded.

Due Care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the respondent. Montgomery County and its representatives will not be responsible for any errors or omissions in these specifications, nor the failure on part of the respondent to determine the full extent of the exposures.

27. SCANNED OR RE-TYPED RESPONSE: If in its response, respondent either electronically scans, re-types or in some way reproduces the County’s published RFQ package, then in the event of any conflict between the terms and provisions of the County’s published RFQ package, or any portion thereof, and the terms and provisions of the response made by Responder, the County’s RFQ package as published shall control.

Furthermore, if an alteration of any kind to the County’s published RFQ package is only discovered after the contract is executed and is not being performed, the contract is subject to immediate cancellation.

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 23

28. DIGITAL FORMAT: If Responder obtained the RFQ specifications in digital format in order to prepare a response, the RFQ must be submitted in hard copy according to instructions contained in this RFQ package.

If, in its RFQ response, respondent makes any changes whatsoever to the County’s published RFQ specifications, the County’s RFQ specifications as published shall control. Furthermore, if an alteration of any kind to the County’s published RFQ package is only discovered after the contract is executed and is not being performed, the contract is subject to immediate cancellation.

29. CONTACT RESTRICTIONS: Respondents shall not contact any County personnel, to include all entities/persons contracted to do business with the County, during the process, other than Kelly Vidal, Purchasing Agent, without the express permission from the Office of the County Purchasing Department.

Any respondent who has made site visits, contacted personnel, or distributed any literature without authorization may be disqualified. The County Purchasing Department may initiate discussion with respondents. Discussions may not be initiated by respondents. The County Purchasing Department expects to conduct discussions with respondent personnel authorized to contractually obligate the respondent with an offer.

30. DISCLOSURE OF INTERESTED PARTIES:

Per Government Code, Statute §2252.908, effective January 1, 2016 all contracts executed by

Commissioners Court, regardless of the dollar amount, will require completion of Form 1295 "Certificate of

Interested Parties" by the participating vendor. Form 1295 is also required for any and all contract amendments, extensions or renewals. Vendors are required to visit the Texas Ethics Commissions (TEC) website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and file a 1295 Certificate. After filing the form with the TEC, it must be printed, signed and notarized and included with the bid/RFQ submission. Publicly owned companies are exempt from the 1295 requirement.

31. Probhibition On Contracts With Companies Boycotting Certain Energy Companies:

Respondent/Bidder/Proposer represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section

2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent/Bidder/Proposer shall promptly notify Montgomery County. [Per 87(R) S.B. 13 effective 9/1/21]

32. Prohibition On Contracts With Companies That Discriminate Against Firearm And

Ammunition Industries: Respondent/Bidder/Proposer verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent/Bidder/Proposer shall promptly notify Montgomery County. [Per 87(R) S.B. 19 effective 9/1/21]

33. DEBARMENTS: Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that Contractor has not been placed on this list between the time of its bid submission and the time of execution of the Contract. If Contractor is placed on this list during the term of the Contract, Contractor shall notify the Montgomery County Purchasing Agent. False certification or failure to notify may result in termination of the Contract for default.

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 24 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

34. MONTGOMERY COUNTY ETHICS TRAINING:

In compliance with Chapter 161 of the Texas Local Government Code, vendors must complete this training at least once per year when doing business with Montgomery County, Texas.

Any vendor involved in a single procurement exceeding $50,000.00 must complete training on the

Montgomery County Code of Ethics. This training certificate must be completed and submitted with each bid or proposal, in response to a request for qualifications or proposals, or otherwise contracting with the county.

The training must be completed by an officer, principal, or other person with the authority to bind the vendor.

The Purchasing Department will confirm that each responder has completed the required training affidavit prior to considering a bid or proposal and shall disqualify responders that have not completed the training.

This training requirement does not apply to emergency purchases.

Training can be found at https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php

35. FORCE MAJEURE:

Definitions

In this Clause, "Event of Force Majeure" means an event beyond the control of the County and the Contractor, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:

a) an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, and floods);

b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, or embargo;

c) rebellion, revolution, insurrection, or military or usurped power, or civil war;

d) contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

e) riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the

Contractor or of his Subcontractors; or

f) acts or threats of terrorism.

Consequences of a Force Majeure Event

Neither the County nor the Contractor shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by an Event of Force Majeure that arises after the

Effective Date. The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party. If and to the extent that the Contractor is prevented from executing its obligations by the

Event of Force Majeure, it shall endeavor to continue to perform its obligations under the Contract so far as reasonably practicable and in accordance with good operating practices. If and to the extent that the

Contractor suffers a delay during the Construction Period as a result of the Event of Force Majeure, then it shall be entitled to a reasonable extension for the Time for Completion.

36. Artificial Intelligence (AI)

36.1 Compliance Requirements. Contractor acknowledges that County, as a governmental entity, is subject to a framework of applicable State and Federal laws with respect to AI systems, including but not limited to, Texas Responsible Artificial Intelligence Governance Act (“TRAIGA”) [HB 149 (2025-2026), 89 (R)], the

Texas Department of Information Resources (DIR) adopted AI Code of Ethics (“Code”)[1], pursuant to 1

TAC §219.11, Sec. 2054.702(c) and Sec. 2054.703(c) Tex. Govt. Code, and other associated laws, rules and regulations under State and Federal laws, as updated from time to time. Accordingly, Contractor shall be contractually bound by the AI ethical principles and any relevant laws or regulations governing the use of AI systems, to the full extent required by the aforementioned Code and legal framework. Contractor shall, prior

Project #27-02 - Engineering Services For Four (4) Bridges - Precinct 4 25 https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AnII%2BcXDIyUeyVL6bM0H5IgAInEAyEwAA?nativeVersion=1.2026.403.100#x__ftn1 to commencing performance under…