Annual_Mowing_Services.pdf

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REQUEST FOR PROPOSAL

CITY OF CONROE

RFP # 0716-2026

Annual Mowing Services

CITY OF CONROE

P.O. BOX 3066

CONROE, TX 77305

RESPONSE DUE Thursday, July 16, 2026 BY 1:00 pm

CITY OF CONROE Purchasing DEPARTMENT

Table Of Contents

1. PROJECT OVERVIEW

2. SCOPE OF WORK

3. PRICING

4. GENERAL SPECIFICATIONS

5. CONTRACT TERM

6. AWARD

7. PAYMENT/CONTRACT

8. TERMS, CONDITIONS AND CLAUSES

9. INSURANCE REQUIREMENTS

10. EVALUATION

11. VENDOR QUESTIONNAIRE

12. RESPONSE FORMAT

13. Divider

Attachments:

A - RFP 0716-2026 Mowing Specs

B - Attachment B

C - Attachment A

1. PROJECT OVERVIEW

The objective of this bid is to obtain mowing services for the City of Conroe facilities, parks and other municipal sites. It is the intent of these specifications for the Contractor to provide a complete, timely, safe, and professional job during the duration of the contract. The purpose of these specifications is to describe the minimum requirements of the City of Conroe for an Annual Mowing Services Contract.. RFP # 0716-2026: Annual Mowing

Services - Thursday, July 16, 2026 at 1:00 pm through OpenGov Procurement.

2. SCOPE OF WORK

2.1. General Specifications

• Bids are based by function, frequency, and annual total of each function, as described by the Annual Maintenance

Program.

• All bidders must meet or exceed the minimum specifications to be considered as a valid bid.

• The Contractor will be monitored by the Directors and/or their representative(s) for each of the departments listed in this contract.

• The Contractor is an independent contractor and not an agent or employee of the City. The Contractor shall provide all labor, materials and equipment necessary to provide the services required by this agreement. The

Contractor shall have control over the execution of the work and shall have sole responsibility and obligation for the hiring and supervision of its employees. THE CONTRACTOR SHALL BE SOLEY RESPONSIBLE

FOR THE SAFETY OF ITS EMPLOYEES.

• The Director or their representative(s) will have the right to add or delete any scheduled maintenance cycle at their discretion based on an as-needed basis including but not limited to prevailing weather, drought conditions, construction, pest issues, special events, athletic programming, etc.

• The Contractor shall submit to the City a proposed mowing schedule. Mowing services shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless approved otherwise by the Director or their representative(s). The Contractor’s schedule shall be flexible to allow for changes to program or event schedules. No work shall be performed on weekends or holidays, unless specifically approved by the Director or their representative(s).

• The Contractor shall have adequate backup equipment in reserve to allow for breakdowns. Insufficient equipment shall be cause for rejection or termination of any and all bids. A list of equipment may be requested by the City.

• The Contractor is responsible for the behavior of their employees. The Contractor’s employees will act and behave in a professional manner at all times while performing maintenance for the City. Any contact with the public must be courteous. The Contractor must have a supervisor on site at all times who can communicate in the

English language.

• The Contractor and/or their employees shall have a clean and professional appearance. The Contractor and/or their employees shall be required to work in a clean uniformed shirt. Uniformed shirts shall indicate company’s name in a manner that is clearly identifiable to the public. Cutoffs, torn or ripped clothing, or shirtless employees will not be acceptable.

• The Contractor shall employ methods as to such that employees have gone through background checks and drug testing. The City may request documentation as proof at any point.

• The Contractor and/or their employees who operate a motor vehicle within the boundaries of City of Conroe properties shall meet the license and insurance requirements of the State of Texas.

• The Contractor shall be responsible for replacement or compensation for damage to any City property as a result of their work.

• Smoking is prohibited on all City properties. The Contractor and/or their employees shall refrain from using tobacco and non-tobacco (vaping) products while on City property. Code of Ordinances Section 26-174 (a) (10).

• Any hazardous conditions or damaged City property observed during normal maintenance or as a result of the

Contractor’s maintenance must be reported immediately by the Contractor to the Parks and Recreation

Administration office at (936) 522-3841.

• The Contractor shall correspond via email or telephone with the Director and/or their representative(s) daily to report work completed each day that maintenance is performed under this contract.

• The Contractor shall provide a valid telephone and/or cell phone number that will be answered at all times during normal working hours.

• Site acreage is given in approximate only and may not represent mowing volume. The Contractor is responsible for visiting each site prior to submitting a bid for this contract. NO EXCEPTIONS WILL BE MADE AFTER

BID IS AWARDED.

• All mowing, edging, string line trimming and blowing services shall be accomplished concurrently.

• Some sites and facilities will require performing services on certain days and/or times to minimize disruption of services and/or programs.

• Some sites, facilities and/or specific areas will require performing services with smaller mowing equipment such as walk-behind and/or push mowers.

• Some sites and facilities will have gated access.

• At no time shall the Contractor’s employees leave gates unsecured in or around aquatic facilities. Employees shall enter site and immediately close and secure gate(s) behind themselves.

• The Contractor shall prearrange any road closures needed to complete services through the City of Conroe Public

Works Department and the Parks and Recreation Department.

• The bid shall include the BID SHEET for a duration of twelve (12) months.

• The Contractor MUST submit BID SHEET and BID BREAKDOWN SHEET to qualify as an acceptable bid.

• The Contractor shall provide three valid names, addresses, and telephone numbers of references in which the

Contractor has performed similar services.

• Invoices may be submitted monthly for completed work. NO PAYMENT WILL BE MADE FOR

INCOMPLETE WORK. Acceptance by the City of Conroe shall constitute all items bid being received in good order and to the City of Conroe’s satisfaction. If a site is determined to be unsatisfactory the Contractor will have

24 hours after notification by the City of Conroe to comply otherwise the site will be considered incomplete. The

Contractor shall not invoice for return trips necessary to complete any deficiencies discovered by the contract administrator nor for any services not performed due to site conditions.

• For additional information contact:

• o Parks and Recreation Facilities - Lauren Arnold, Assistant Director – Park Operations, 1504 Parkwood

West, Conroe, Texas 77301, 936-522-3843 or email LArnold@cityofconroe.org;

o Conroe Police Department – Ron Hatch, 2300 Plantation Drive., Conroe, Texas 77304, 936-522-3269 or email RHatch@cityofconroe.org;

o Conroe Fire Department – Jim Joyner, Assets Coordinator, 700 Old Montgomery Road, Conroe, Texas

77304, 936-522-3166 or email JJoyner@cityofconroe.org;

o Administration – Steven Perez, Downtown Facilities Manager, 300 West Davis St., Conroe, Texas 77301, 936-522-3163 or email STPerez@cityofconroe.org;

o Transportation Department – Frederick Johnson, Transit Program Manager, 100 Park Place, Conroe, Texas

77301, 936-522-3533 or email FJohnson@cityofconroe.org.

2.2. Program Function Specifications

The sites, frequency schedules, mow height and specific maintenance requirements for each location are listed on

Attachment A. Maps may be included for some locations to clarify the boundaries of the properties on

Attachment B.

• Equipment – The Contractor shall use proper mowing equipment standard to the turf and golf industry. Commercial rotary mulching mowers will be required for all sites except Carl Barton, Jr. Park athletic fields. Golf rough mowers with hydraulic powered spindles and decks capable of moving with ground contours are recommended for Carl Barton, Jr. Park athletic fields. The Contractor shall start with clean equipment as to not deposit weed seed onto athletic fields. Cutter blades shall remain sharp for proper turf cut. Other types of grass cutting equipment may be used provided they have been approved by the City of Conroe representative. All equipment must be operated at a speed to provide the optimal desired cut. All equipment shall be kept in good operation condition and shall be maintained to provide a clean sharp cut of vegetation at all times. The Contractor shall be responsible for any damage caused by faulty equipment (i.e. fluid leak on turf). Equipment shall have all safety guards, shrouds and discharge shoots properly in place and in good condition while performing services. Discharge shoots must always remain in the down position. Altered or missing safety guards, shrouds and discharge shoots on/from equipment shall be grounds for immediate termination of contract.

• Mowing/Blowing – Mowing shall include all grassy areas within the park or facility. Mow height for parks, facilities and general common areas shall be a minimum of two (2) inches and a maximum of three (3) inches unless otherwise indicated. Common areas shall be defined as any open turf area free of woody vegetation and are subject to mowing under this contract. Mow height for Carl Barton, Jr. Park baseball/softball fields shall be a minimum of one (1) inch and a maximum of one and one-half (1-1/2) inch. Mow height for Carl Barton, Jr. Park soccer fields shall be a minimum of one and one-half (1-1/2) inch and a maximum of two (2) inches. Athletic fields shall be defined as any turf area within a chain link fence area of baseball / softball fields or any turf area within the established corners of soccer fields. At no time shall grass clippings be discharged onto skinned areas of baseball or softball fields, landscape beds, tree wells or bodies of water. The Contractor shall mow as close as practical to all fixed objects (but no greater than 30 inches), exercising extreme care not to damage trees, plants, shrubs, or other equipment which are part of the facility. Additionally, mowing shall include designated public right-of-ways, ditches, etc. adjacent to each site. Excessive grass clippings left on turf areas shall be properly removed from the site. THE CONTRACTOR SHALL NOT MOW DURING PERIODS OF RAIN OR

WHENEVER THE POSSIBLILITY OF RUTTING WILL OCCUR. The Contractor shall be held responsible for any rutting caused by their equipment. Proper care shall be taken to prevent turf scalping. Contractor shall mow in alternate directions where feasible during each mowing. Bagging mower clippings may be required in aquatic facilities or adjacent to splash pad areas to minimize grass clippings from entering pools and filtration systems. Pricing at all sites assumes that bagging and/or removing clippings will be required when excessive turf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris. Absolutely no mowing equipment is permitted on/in pool decks, splash pads, sports courts, pavilions or gazebos for any reason. The Contractor shall mow in a direction that minimizes grass clipping discharge onto sidewalks and hard surfaces or into pools, splash pads, tree wells and landscape beds. The Contractor shall blow off grass clippings immediately, especially at building entrances to prevent grass clippings from being tracked into buildings. Caution shall be exercised around door openings and pools. At no time will the Contractor be permitted to blow clippings or debris into storm sewers or left in a place where it can be carried by water runoff into storm sewers.

• Edging – The Contractor shall use proper equipment standard to the turf and golf industry. The Contractor shall edge by means of vertical cutting any and all plant material that encroaches over or onto sidewalks, curbs, steps, driveways, and pavements. Edges shall be vertical, clean and neat and maintain a minimum depth of one (1) inch and a minimum width of one quarter (1/4) inch. Contractor shall perform task using a vertical rotary bladed edging device. Use of string line trimmers for edging is strictly prohibited and will result in deductions from

Contractor’s monthly invoice.

• String Line Trimming – The Contractor shall use proper equipment standard to the turf and golf industry. All turf areas that cannot be cut by mowers shall be cut by string line equipment unless otherwise indicated. All trimming must be accomplished concurrently with mowing operations. Turf cut shall be maintained equal to mowing height. STRICT CAUTION shall be maintained while trimming around tree trunks and other landscape plant materials. Contractor shall trim to pond water line at locations where water bodies are present. Water line may vary depending on weather / drought conditions.

• Litter/Debris Disposal – All trash and general debris shall be removed prior to each mowing. Any trash or paper mowed over by the Contractor shall be picked up immediately after occurrence. All fallen tree branches less than three (3) inches in diameter shall be removed from site before each mowing. Disposal of trash, debris and tree limbs is available by approval at the Dean Towery Service Center, 401 Sgt. Ed Holcomb Blvd. South.

• Undeveloped Property Mowing – Contractor shall mow as close to stationary objects as practical. String line trimming may not be required.

• Fire Training Facility – Contractor shall mow as close to stationary objects as practical. String line trimming will be required around all objects and facilities.

3. PRICING

PARKS & RECREATION

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

PR1 Candy Cane Park Frequency 42

PR2 Aquatic Center

(interior) Frequency 42

PR3 Roberson Park Frequency 42

PR4 Milltown Park Frequency 42

PR5 Conroe Founders

Plaza Frequency 42

PR6 Heritage Place

Park Frequency 42

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

PR7 Stewarts Creek

Park Frequency 42

PR8 Booker T.

Washington Park Frequency 42

PR9 Lewis Park Frequency 42

PR10 Dugan Park Frequency 19

PR11 Kasmiersky Park Frequency 42

PR12 McDade Park Frequency 42

PR13 Flournoy Park Frequency 42

PR14 Dr. Martin

Luther King, Jr.

Park

Frequency 42

PR15 John Burge Park at Shadow Lakes Frequency 42

PR16 Lions Park Frequency 42

PR17 Lone Star Flag

Park Frequency 42

PR18 White Oak Point

Park Frequency 42

PR19 Wiggins Village

Park Frequency 42

PR20 OJJ Enrichment

& Recreation

Center

Frequency 42

PR21 Owen Park Frequency 42

PR22 Community Pool Frequency 42

PR23 Crooke St.

Property Frequency 19

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

PR24 Hicks St.

Property Frequency 19

PR25 Dallas Street

Medians Frequency 42

PR26 Holly Hills

Medians Frequency 19

PR27 Faith Walston

Memorial Frequency 42

PR28 I-45 Triangle Frequency 42

PR29 S. Frazier

Medians Frequency 42

PR30 Maurel Drive

Medians Frequency 19

PR31 Montgomery

Park Blvd Frequency 19

PR32 Teas Road

Medians Frequency 19

PR33 South Loop 336

Medians Frequency 42

PR34 McDade Estates

Property Frequency 19

PR35 Artesian Lakes

Property Frequency 19

PR36 Main Street

Parking

TOTAL

ADMINISTRATION

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

ADM1 Conroe

Municipal

Complex

Frequency 42

ADM2 Walter P. Jett Frequency 19

ADM3 Isaac Conroe

House

TRANSPORTATION

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

TR1 Transportation

Administration

FIRE DEPT.

Item Description Unit of

Measure Quantity Unit

Cost Total

FD1 Fire Station 1 Frequency 42

FD2 Fire Station 2 Frequency 42

FD3 Fire Station 3 Frequency 42

FD4 Fire Station 4 Frequency 42

FD5 Fire Station 5 Frequency 42

FD6 Fire Station 6 Frequency 42

FD7 Fire Station 7 Frequency 42

FD8 Fire Station 8

(under construction)

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

FD9 Fire Station 9

(Vacant

Property)

Frequency 19

FDTF Fire Training

Facility Frequency 19

POLICE DEPT.

Item Description Unit of

Measure Quantity Unit

Cost Total

PD1 Conroe Police

Station Frequency 42

PD2 Firearms

Training Facility

CARL BARTON, JR. PARK

Item Description Unit of

Measure Quantity Unit

Cost Total

CBJP1 Soccer Field 1 Frequency 52

CBJP2 Soccer Field 2 Frequency 52

CBJP3 Soccer Field 3 Frequency 52

CBJP4 Soccer Field 4 Frequency 52

CBJP5 Soccer Field 5 Frequency 52

CBJP6 Soccer Field 6 Frequency 52

CBJP7 Soccer Field 7 Frequency 52

CBJP8 Soccer Field 8 Frequency 52

CBJP9 Soccer Field 9 Frequency 52

Line

Item Description Unit of

Measure Quantity Unit

Cost Total

CBJP10 Softball White Frequency 52

CBJP11 Softball Black Frequency 52

CBJP12 Softball Green Frequency 52

CBJP13 Softball

Yellow Frequency 52

CBJP14 Zak Kahn

Blue Frequency 52

CBJP15 Zak Kahn

Green Frequency 52

CBJP16 Zak Kahn

Yellow Frequency 52

CBJP17 Zak Kahn Red Frequency 52

CBJP18 5Plex Blue Frequency 52

CBJP19 5Plex Black Frequency 52

CBJP20 5Plex Green Frequency 52

CBJP21 5Plex Yellow Frequency 52

CBJP22 5Plex Red Frequency 52

CBJP23 Common

Areas

DEPARTMENT TOTALS

Item Description Quantity Unit of

Measure Unit

Cost Total

1 Parks &

Recreation

1 LS

2 Administration 1 LS

Line

Item Description Quantity Unit of

Measure Unit

Cost Total

3 Transportation 1 LS

4 Fire Dept 1 LS

5 Police Dept 1 LS

6 Carl Barton, Jr

Park

1 LS

4. GENERAL SPECIFICATIONS

The City of Conroe will be accepting Proposals from respondents. The objective of this bid is to obtain mowing services for the City of Conroe facilities, parks and other municipal sites. It is the intent of these specifications for the Contractor to provide a complete, timely, safe, and professional job during the duration of the contract. The purpose of these specifications is to describe the minimum requirements of the City of Conroe for an Annual

Mowing Services Contract..

• All bidders must meet or exceed the minimum specifications to be considered as a valid bid.

• The Contractor is an independent contractor and not an agent or employee of the City. The Contractor shall provide all labor, materials and equipment necessary to provide the services required by this agreement. The

Contractor shall have control over the execution of the work and shall have sole responsibility and obligation for the hiring and supervision of its employees. THE CONTRACTOR SHALL BE SOLEY RESPONSIBLE

FOR THE SAFETY OF ITS EMPLOYEES.

• The Contractor is responsible for the behavior of their employees. The Contractor’s employees will act and behave in a professional manner at all times while performing maintenance for the City. Any contact with the public must be courteous. The Contractor must have a supervisor on site at all times who can communicate in the

English language.

• The Contractor and/or their employees shall have a clean and professional appearance. The Contractor and/or their employees shall be required to work in a clean uniformed shirt. Uniformed shirt shall indicate company’s name in a manner that is clearly identifiable to the public. Cutoffs, torn or ripped clothing, or shirtless employees will not be acceptable.

• The Contractor shall be responsible for replacement or compensation for damage to any City property as a result of his/her work.

• The Contractor shall correspond via email, telephone or fax with the City representative(s) daily to report work completed each day that rehab is performed under this contract.

• The Contractor shall provide a valid telephone and/or cell phone number that will be answered at all times during normal working hours.

• The Contractor MUST submit COMPLETED BID PACKET to qualify as an acceptable bid.

• The Contractor shall provide three valid names, addresses, and telephone numbers of references in which the

Contractor has performed similar services.

5. CONTRACT TERM

10/01/2026 with (4) 1 year renewals. Price increase will be considered based on Consumer Price Index, only at renewal date. The City of Conroe shall have the right to cancel this contract with 30 days written notice for unresolved problems. Otherwise, the contract shall be a Purchase Order.

6. AWARD

The award will be based on best value to the City.

7. PAYMENT/CONTRACT

A contract in the form of a blanket purchase order will be issued for services.

Name of Vendor:

Federal ID Number:

A Corporation of the State of:

Telephone Number:

Email:

Website:

Mailing Address:

City/State/Zip:

Authorized Signature:

Printed Name:

8. TERMS, CONDITIONS AND CLAUSES

8.1. OWNER

The City reserves the right to award parts of bids, reject any or all bids and to waive technical irregularities in the bids. The award will be made to the bidder/s who provides the goods and services at the best value for the City.

8.2. QUESTIONS AND INQUIRES

Bidder’s desiring further information or interpretation must request such information in the questions section of

OpenGov.

8.3. SUBMISSION OF BIDS

Submit electronically through the OpenGov Procurement Portal.

Contact:

Stephanie Ramirez, Buyer II

Purchasing Department, CMC Building

700 Metcalf St

Conroe, TX. 77301

Proposals not delivered by this time will be unopened.

8.4. INFORMATION CLARIFICATION

All questions shall be asked through OpenGov. Should a Bidder discover a discrepancy or an omission in the plans or specifications, he should at once notify the Purchasing Department so that an addendum can be issued. No explanation or interpretation other than an addendum issued by the City will be considered official or binding.

8.5. SUBSTITUTIONS

Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. In preparing his bid, each bidder is expected to include in his base bid the cost of the items so specified.

8.6. REFERENCES

The City of Conroe may request bidders to supply, with this Request for Proposal, a list of at least five (5) references where like services have been supplied by their firm. Include name of firm, contact person, address, telephone number and fax number.

8.7. MATERIALS AND SERVICES

The Bidder warrants that goods, materials or services delivered to the City will meet the minimum specifications set forth therein. Bidder shall furnish all data pertinent to specifications and warranties, which apply to items in the bid.

8.8. PRICE OF MATERIALS AND SALES TAX

Prices for all goods or services shall remain firm for the duration of this contract and shall be stated on the bid sheet. Prices shall be all inclusive. Any price not shown on the bid sheet will not be honored by invoice. No price changes, additions or subsequent qualifications will be honored during the course of this contract. All prices must be written in ink or typewritten. Transportation, freight or other charges are to be prepaid by the bidder and included in the bid price. If there are additional charges of any kind, other than those mentioned above, specified or unspecified, Bidder must indicate both items required and attendant cost or forfeit the right to payment.

This Contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article

20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act.

8.9. ANTITRUST AFFIRMATION

The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this

Response, neither I nor any representative of the Contractor have violated any provision of the Texas Free

Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither

I nor any representative of the Contractor have violated any federal antitrust law; and (3) neither I nor any representative of the Contractor have directly or indirectly communicated any of the contents of this Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor.

8.10. ASSIGNMENT

Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the Agency. Any attempted assignment in violation of this provision is void and without effect.

8.11. BUY TEXAS AFFIRMATION

In accordance with Section 2155.4441 of the Texas Government Code, Contractor agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

8.12. CHILD SUPPORT OBLIGATION AFFIRMATION

Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f).

8.13. CONTRACTING INFORMATION RESPONSIBILITIES

In accordance with Section 552.372 of the Texas Government Code, Contractor agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the

Agency for the duration of the contract, (2) promptly provide to the Agency any contracting information related to the contract that is in the custody or possession of the Contractor on request of the Agency, and (3) on termination or expiration of the contract, either provide at no cost to the Agency all contracting information related to the contract that is in the custody or possession of the Contractor or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the Agency. Except as provided by

Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government

Code, may apply to the contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

8.14. COVID-19 VACCINE PASSPORT PROHIBITION

Contractor certifies that it does not require its customers to provide any documentation certifying the customer’s

COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the

Contractor’s business. Contractor acknowledges that such a vaccine or recovery requirement would make

Contractor ineligible for a city-funded contract.

8.15. DATA MANAGEMENT AND SECURITY CONTROLS

In accordance with Section 2054.138 of the Texas Government Code, Contractor certifies that it will comply with the security controls required under this contract and will maintain records and make them available to the City of

Conroe as evidence of Contractor’s compliance with the required controls.

8.16. DEALINGS WITH PUBLIC SERVANTS AFFIRMATION

Contractor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Response.

8.17. DEBTS AND DELINQUENCIES AFFIRMATION

Contractor agrees that any payments due under the contract shall be applied towards any debt or delinquency that is owed to the City of Conroe, Montgomery County, State of Texas.

8.18. DISASTER RECOVERY PLAN

In accordance with 13 TAC § 6.94(a)(9), Contractor shall provide to Agency the descriptions of its business continuity and disaster recovery plans.

8.19. DISPUTE RESOLUTION (GENERAL)

The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the contract.

8.20. ENERGY COMPANY BOYCOTTS

If Contractor is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Contractor verifies that Contractor does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Contractor does not make that verification, Contractor must so indicate in its

Response and state why the verification is not required.

8.21. ENTITIES THAT BOYCOTT ISRAEL

If Contractor is required to make a certification pursuant to Section 2271.001 of the Texas Government Code, Contractor certifies that Contractor does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Contractor does not make that certification, Contractor must indicate that in its Response and state why the certification is not required.

8.22. EXCESS OBLIGATIONS PROHIBITED

The contract is subject to termination or cancellation, without penalty to the City, either in whole or in part, subject to the availability of City funds.

8.23. EXCLUDED PARTIES

Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support

Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

8.24. FALSE STATEMENTS

Contractor represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

8.25. FINANCIAL PARTICIPATION PROHIBITED

Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

8.26. FOREIGN TERRORIST ORGANIZATIONS

Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

8.27. FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION

If Contractor is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Contractor verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Contractor does not make that verification, Contractor must so indicate in its Response and state why the verification is not required.

8.28. GOVERNING LAW AND VENUE

The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Montgomery County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the contracting Agency.

8.29. HUMAN TRAFFICKING PROHIBITION

Prohibition Under Section 2155.0061 of the Texas Government Code, the Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

8.30. INDEMNIFICATION

BIDDER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF CONROE, AND/OR

THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,

AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS,

AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING

FROM ANY ACTS OR OMISSIONS OF BIDDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS,

ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR

PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE

CONTRACT. THE DEFENSE SHALL BE COORDINATED BY BIDDER WITH THE OFFICE OF THE CITY

ATTORNEY WHEN THE CITY IS NAMED DEFENDANT IN ANY LAWSUIT AND BIDDER MAY NOT

AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE

OFFICE OF THE CITY ATTORNEY. BIDDER AND CITY AGREE TO FURNISH TIMELY WRITTEN

NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

8.31. NO CONFLICT OF INTEREST

Contractor represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

8.32. PRIOR DISASTER RELIEF CONTRACT VIOLATION

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

8.33. PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information

Act”). In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the city pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City.

8.34. SIGNATURE AUTHORITY

By submitting the Response, Bidder represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Contractor and to bind the Contractor under any contract that may result from the submission of this Response.

8.35. CITY'S RIGHT TO AUDIT

The City may appoint an auditor to conduct an audit or investigation of any entity receiving funds from the City directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the

City auditor, under the direction of the City Council, to conduct an audit or investigation in connection with those funds. Under the direction of the City Council, an entity that is the subject of an audit or investigation by the City auditor must provide the City auditor with access to any information the City auditor considers relevant to the investigation or audit.

8.36. SUSPENSION AND DEBARMENT

Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of

Public Accounts and the System for Award Management (SAM) maintained by the General Services

Administration.

8.37. TERMS AND CONDITIONS ATTACHED TO RESPONSE

Any terms and conditions attached to a Response will not be considered unless specifically referred to in the

Response.

8.38. TEXAS BIDDER AFFIRMATION

Contractor certifies that if a Texas address is shown as the address of the Contractor on this Response, Contractor qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

8.39. AMERICANS WITH DISABILITIES ACT

Contractor represents and warrants its compliance with the requirements of the Americans With Disabilities Act

(ADA) and its implementing regulations, as each may be amended.

8.40. CHANGE IN LAW AND COMPLIANCE WITH LAWS

Any alterations, additions, or deletions to the terms of the contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

8.41. DISCLOSURE OF INTERESTED PARTIES

Contractor represents and warrants that if selected for award of a contract as a result of the Solicitation, Contractor will submit to the City of Conroe a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

8.42. DISCOUNTS

If Contractor at any time during the term of the contract provides a discount on the final contract costs, Contractor will notify City in writing ten (10) calendar days prior to effective date of discount. Agency will generate a

Purchase Order Change Notice and send a revised Purchase Order to Contractor.

8.43. EQUAL EMPLOYMENT OPPORTUNITY

Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities.

8.44. FORCE MAJEURE

Neither Contractor nor City shall be liable to the other for any delay in, or failure of performance, of any requirement included in the contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.

8.45. IMMIGRATION

Contractor represents and warrants that it shall comply with the requirements of the Immigration and Nationality

Act (8 U.S.C.§ 1101 et seq.) and all subsequent immigration laws and amendments.

8.46. INDEPENDENT CONTRACTOR

Contractor acknowledges and agrees that it is furnishing products and services in the capacity of an independent contractor and that Contractor and its personnel are not employees of the City.

8.47. LEGAL AND REGULATORY ACTIONS

Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Contractor or any of the individuals or entities included in the Response within the five (5) calendar years immediately preceding the submission of the Response that would or could impair Contractor’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to Agency’s consideration of the Response. If

Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Contractor’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to

Agency’s consideration of the Response. In addition, Contractor represents and warrants that it shall notify

Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update Agency shall constitute breach of contract and may result in immediate termination of the contract.

8.48. LIMITATION ON AUTHORITY

Contractor shall have no authority to act for or on behalf of City except as expressly provided for in the contract;

no other authority, power or use is granted or implied. Contractor may not incur any debt, obligation, expense or liability of any kind on behalf of the City.

8.49. LOBBYING PROHIBITION

Contractor represents and warrants that City’s payments to Contractor and Contractor’s receipt of appropriated or other funds under the contract are not prohibited by Sections 556.005 or 556.0055 of the Texas Government

Code.

8.50. NO IMPLIED WAIVER

The failure of a Party to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power, or remedy contained in the contract shall not be construed as a waiver or a relinquishment thereof for the future.

8.51. NO QUANTITY GUARANTEES

Agency makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the contract.

8.52. NO THIRD-PARTY BENEFICIARIES

The contract is made solely and specifically among and for the benefit of the parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the contract as a third-party beneficiary or otherwise.

8.53. RECORD RETENTION

Contractor shall maintain and retain all records relating to the performance of the contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of

Texas requirements. These records will be maintained and retained by Contractor for a period of seven (7) years after the contract expiration date or until all audit, claim, and litigation matters are resolved, whichever is later.

8.54. REFUND

Contractor will promptly refund or credit within thirty (30) calendar days any funds erroneously paid by Agency which are not expressly authorized under the contract.

8.55. SEVERABILITY

If any provision of the contract is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect.

8.56. SOVEREIGN IMMUNITY

The Parties expressly agree that no provision of the contract is in any way intended to constitute a waiver by the

City of any immunities from suit or from liability that the City may have by operation of law.

8.57. SUBCONTRACTORS

Contractor may not subcontract any or all of the work and/or obligations due under the contract without prior written approval of the Agency. Subcontracts, if any, entered into by the Contractor shall be in writing and be subject to the requirements of the contract. Should Contractor subcontract any of the services required in the contract, Contractor expressly understands and acknowledges that in entering into such subcontract(s), Agency is in no manner liable to any subcontractor(s) of Contractor. In no event shall this provision relieve Contractor of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the contract.

8.58. SURVIVAL

Expiration or termination of the contract for any reason does not release Contractor from any liability or obligation set forth in the contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination.

8.59. TERMINATION FOR CONVENIENCE

Agency may terminate the contract for convenience on thirty (30) calendar days’ written notice. There is no buy out or other amounts due if Agency terminates early. Upon termination under this provision, Contractor shall refund to Agency any amounts attributable to the terminated months within thirty (30) days of the termination.

8.60. CONDITIONS OF WORK

Bidders are expected to be fully informed of construction and labor conditions under which the work will be performed, and to have thoroughly reviewed the plans, contract documents and specifications. Failure to do so will not relieve a successful bidder of any obligations to furnish material and labor necessary to complete the project.

8.61. CONDITIONS OF CONDUCT

At all times any agent, officer, or employee of Bidder shall be present upon property owned by the City of

Conroe, the terms and conditions of the Drug and Alcohol Policy currently adopted by the City of Conroe, shall be deemed applicable to such persons. Violations of terms and conditions while present on the premises owned by the City of Conroe shall be grounds for termination of any contract between the City and Bidder.

8.62. ALTERNATE ITEMS

No alternate bids or bid items will be considered unless they are specifically requested by the proposal.

8.63. UNIT PRICES

The unit price of each of the bid items in the bid proposal shall include it pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to the condition may be rejected. The unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

8.64. CORRECTIONS

Erasures or other corrections in the bid must be noted over the signature of the bidder.

8.65. WITHDRAWAL OF BIDS

Bids may be withdrawn by written request dispatched for delivery in the normal course of business prior the bid opening. The bid guaranty of any bidder withdrawing his bid in accordance with the above will be returned promptly.

8.66. AWARD OF/REJECTION OF BIDS

The City reserves the right to consider as unqualified to do the work, any bidder who does not habitually perform with his own forces, the major portions of the work involved in construction of the improvements embraced in this contract.

8.67. CHANGE ORDERS

The Owner may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by written Change Order to be prepared by the PURCHASING DEPARTMENT for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price as hereinafter set forth for Extra Work, and any change in contract time which may result from the change.

Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change.

It is agreed that the basis of compensation to the CONTRACTOR for Work either added or deleted by a Change

Order of for which a claim for Extra Work is made shall be determined by one or more of the following methods:

Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or

Method (C) - Actual field cost of the work, plus fifteen (15) percent.

8.68. PAYMENT

City staff shall review all Contractors’ application for payment and supporting data to determine the amount owed to the Contractor. Once approved payment will be scheduled within thirty (30) days upon complete delivery and acceptance of all equipment/material and receipt of an original invoice for the equipment/material complying with the terms and conditions of the award. The City reserves the right to withhold up to ten percent (10%) of the purchase price in the event there is a conditional acceptance.

8.69. DEFAULT

The City reserves the right to terminate the contract immediately for failure to meet delivery or completion schedules, or otherwise perform in accordance with the general conditions of this proposal.

NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in writing and sent to each person having a bid package.

8.70. BUILDING PERMITS AND APPROVALS

The Vendor is responsible for obtaining all required building permits, inspections, and approvals necessary to perform installation or related work on City of Conroe property.

No permit fees shall be charged to the Vendor for work conducted on City-owned property.

The Vendor must coordinate with the City’s Building, Permitting and Inspections Department to ensure compliance with all applicable local building codes and regulations prior to commencing any installation or modification.

Copies of all required permits must be provided to the City of Conroe Purchasing Department before work begins.

9. INSURANCE REQUIREMENTS

NO BID WILL BE CONSIDERED FOR AWARD IF THE VENDOR HAS NOT SUBMITTED AN

INSURANCE FORM ALONG WITH THE BID.

The Bidder shall procure and maintain, at its expense, during the term of this bid, at least the following insurance, covering work performed.

COVERAGE LIMITS

Worker’s Compensation As required by Texas Law

Employer’s Liability $500,000 each occurrence

Public Liability (Bodily injury) $1,000,000 combined single limit

Public Liability (Property damage) $1,000,000 combined single limit

Automobile Liability (Bodily injury) $200,000 each person

Automobile Liability (Property damage) $50,000 each occurrence

The Bidder agrees to furnish insurance certificates, showing the bidders compliance with this section if required by the City.

10. EVALUATION

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and Qualifications. Points Based 25 (25% of Total)

2. Cost. Points Based 60 (60% of Total)

3. References. Points Based 10 (10% of Total)

4. Prior experience with the City of

Conroe.

Points Based 5

(5% of Total)

11. VENDOR QUESTIONNAIRE

1. Response Format*

Please upload Response Format here.

*Response required

2. Certificate of Insurance*

Please upload insurance documents here.

*Response required

3. Form 1295*

Please upload documents here.

*Response required

4. Signed Addendums*

Please upload documents here.

*Response required

5. Agreement and Certification*

The Undersigned Agrees That:

A. No Federal, State, County or Municipal taxes have been included in the RFP prices and none will be added.

B. Prices in this proposal have not knowingly been…