CSP_-_City_of_Conroe_Professional_Services.pdf

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REQUEST FOR QUOTATION

CITY OF CONROE

RFQ # 2026-32

City of Conroe Professional Services

CITY OF CONROE

P.O. Box 3066

CONROE, TX 77305

RESPONSE DUE Thursday, October 8, 2026 BY 1:00 pm

CITY OF CONROE Engineering DEPARTMENT

Table Of Contents

1. Introduction

2. Project Details

3. Evaluation Phases

4. Vendor Questionnaire

5. Attachments

6. TERMS, CONDITIONS AND CLAUSES

7. INSURANCE REQUIREMENTS

8. BONDS AND INSURANCE

1. Introduction

1.1. Summary

The City of Conroe, (City) is seeking proposals from qualified professional firms to provide professional services on an as-needed basis. The purpose of this Request for Qualifications (RFQ) is to establish a pool of experienced and qualified firms capable of supporting the City with various projects throughout the contract term

1.2. Timeline

Release Project Date: September 16, 2026

Question Submission Deadline: October 5, 2026, 1:00pm

Response Submission Deadline: October 8, 2026, 1:00pm

1.3. Project Contact

Nichelle Jones Engineering Project Specialist

700 Metcalf Street Conroe, TX 77301

Email: njones@cityofconroe.org Phone: (936) 522-3100 Ext: 3123

1.4. Procurement Contact

Jennifer Gilmore Purchasing Manager

700 Metcalf Street Conroe, TX 77301

Email: jgilmore@cityofconroe.org Phone: (936) 522-3136

2. Project Details

2.1. Important Instructions for Electronic Submittals

The City of Conroe, TX is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.

2.2. Scope of Services for Individual Categories

General Civil – Municipal Utilities Professional Services

• Planning, design, and engineering of water, wastewater, drainage, roadway, and other municipal infrastructure projects.

• Water distribution systems, transmission lines, water plants, pump stations, storage facilities, and related improvements.

• Wastewater collection systems, sanitary sewer rehabilitation, lift stations, force mains, wastewater treatment facilities, and related improvements.

• Street, roadway, sidewalk, intersection, paving, and accessibility improvements.

• Stormwater, drainage, detention, flood mitigation, and watershed improvements.

• Utility relocation, coordination, and conflict resolution.

• Preparation of feasibility studies, preliminary engineering reports, master plans, technical memoranda, and cost estimates.

• Preparation of plans, specifications, bid documents, and construction estimates.

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• Permitting and coordination with applicable local, state, and federal agencies.

• Bid-phase and construction-phase engineering services, including submittal review, RFIs, change orders, pay applications, inspections, and project closeout.

• Grant-funded infrastructure project support, including compliance with applicable funding agency requirements.

Mechanical / Structural / Landscape / Architectural / Building Professional Services

• Architectural and engineering services for new municipal buildings, additions, renovations, rehabilitation, and facility improvements.

• Building assessments, programming, space planning, feasibility studies, and facility condition assessments.

• Structural evaluations, analysis, design, repair, rehabilitation, and modifications.

• Mechanical and plumbing system evaluation, design, replacement, and upgrades.

• HVAC systems, ventilation, building controls, energy-efficiency improvements, and related systems.

• Landscape architecture, site planning, parks, trails, recreational facilities, streetscapes, and public-space improvements.

• ADA/accessibility evaluations and improvements.

• Building envelope, roofing, foundation, and structural component assessments.

• Preparation of architectural/engineering plans, specifications, construction documents, and cost estimates.

• Building code review, permitting assistance, and coordination with regulatory agencies.

• Bid-phase, construction administration, inspections, punch-list, and project closeout services.

Surveying & Sub-Surface Utility Professional Services

• Boundary, topographic, design, construction, and as-built surveys.

• Right-of-way and easement surveys.

• Preparation of plats, legal descriptions, exhibits, and metes-and-bounds descriptions.

• Property and boundary research.

• Construction staking and layout.

• Horizontal and vertical control surveys.

• Utility and infrastructure surveys.

• Elevation certificates and flood-related surveying.

• Subdivision, parcel, and right-of-way mapping.

• Preparation of survey documents necessary for property acquisition, easements, and municipal projects.

• Coordination with engineers, title companies, property owners, and City staff.

• Other professional surveying services as required by individual projects.

Geotechnical Services / Material Testing & Environmental Professional Services

• Geotechnical investigations and subsurface exploration.

• Soil borings, sampling, laboratory testing, and analysis.

• Geotechnical engineering reports and recommendations.

• Foundation, pavement, retaining wall, utility, and earthwork recommendations.

• Construction materials testing and special inspections.

• Soil compaction and density testing.

• Concrete, asphalt, reinforcing steel, masonry, and structural material testing.

• Environmental site assessments and investigations.

• Asbestos-containing material, lead-based paint, mold, and hazardous material surveys, as applicable.

• Environmental sampling, testing, monitoring, and reporting.

• Regulatory compliance and coordination with applicable environmental agencies.

• Construction-phase observation and verification services.

Electrical Engineering Professional Services

• Electrical engineering services for municipal buildings, utilities, water/wastewater facilities, parks, streets, and other City facilities.

• Electrical system assessments, load studies, and capacity evaluations.

• Electrical distribution, service entrance, switchgear, panelboard, transformer, and related system design.

• Emergency and standby generator systems, automatic transfer switches, and backup power systems.

• Motor control centers, variable frequency drives (VFDs), and electrical systems associated with pumps and motors.

• Interior, exterior, site, roadway, parking lot, and security lighting.

• Electrical improvements associated with water plants, wells, lift stations, and wastewater treatment facilities.

• Power quality, grounding, surge protection, and lightning protection.

• Preparation of plans, specifications, calculations, and cost estimates.

• Coordination with electric utility providers and applicable regulatory agencies.

• Construction-phase services, inspections, testing, commissioning support, and project closeout.

Hydrogeologist Services

• Hydrogeologic investigations and groundwater evaluations.

• Groundwater availability, aquifer characteristics, and water-supply studies.

• Municipal water well siting and feasibility evaluations.

• Water well design, drilling, construction, testing, rehabilitation, and plugging recommendations.

• Evaluation of existing municipal wells and well performance.

• Pumping tests, aquifer testing, and analysis.

• Groundwater modeling and long-term water-supply evaluations.

• Water quality sampling, analysis, and evaluation.

• Well interference and drawdown evaluations.

• Preparation and review of well specifications, drilling programs, and technical reports.

• Coordination with TCEQ, groundwater conservation districts, TWDB, and other applicable agencies.

• Construction observation and technical assistance during well drilling and development.

Appraisal / Right-of-Way Parcel Acquisition Professional Services

• Real property appraisal services for fee-simple acquisitions, easements, rights-of-way, and other property interests.

• Preparation of appraisal reports and property valuation analyses.

• Appraisal review services, when required.

• Market research and comparable-sales analysis.

• Right-of-way, permanent easement, temporary construction easement, and other property acquisition services.

• Title research and coordination with title companies.

• Property owner identification, contact, and coordination.

• Preparation and delivery of acquisition offers and supporting documentation.

• Negotiation with property owners on behalf of the City, as authorized.

• Preparation and maintenance of acquisition files, negotiation logs, correspondence, and supporting documentation.

• Coordination of closing activities and acquisition documentation.

• Relocation assistance and related services when applicable.

• Acquisition services for locally funded and state/federally funded projects.

• Compliance with applicable City, state, federal, TxDOT, HUD, FEMA, and Uniform Relocation Assistance and Real Property Acquisition Policies Act requirements, when applicable.

2.3. Submission

Submissions shall be limited to 25 pages and formatted on 8.5” x 11” single-sided pages using a minimum 12-point font. See Vendor Questionnaire for items to be included in submission.

Each firm shall include a cover letter clearly identifying each category for which the firm wishes to be considered.

Individual Category Responses:

In Vendor Questionnaire Sections Two (2) through Eight (8) firms shall submit a separate response for each individual category for which they are seeking consideration. Each category response shall:

• Be limited to five (5) pages;

• Be formatted on 8.5” x 11” single-sided pages using a minimum 12-point font; and

• Be submitted separately from the main qualifications package.

The individual category responses will not count toward the overall 25-page submission limit.

For each category, the firm shall identify the specific project team proposed to perform the services, including key personnel and their respective roles, relevant experience, and qualifications. The firm should also provide information specific to that category demonstrating its qualifications and capabilities, which may include relevant experience, professional certifications, specialized expertise, representative projects, and other pertinent information.

In-House Qualifications and Staffing Firms should submit qualifications only for categories in which the responding firm has demonstrated in-house expertise, experience, and qualified personnel capable of performing the primary services required for that category.

Categories should not be pursued primarily through the qualifications, experience, or personnel of subcontractors or subconsultants. While subcontractors or subconsultants may be utilized to supplement the firm’s services when appropriate, the responding firm must demonstrate that it possesses the internal expertise, staffing, and capacity to perform and manage the primary services associated with each category for which it seeks consideration.

Evaluation and Award Firms will be evaluated and considered only for the categories specifically identified in their submission. Any category not identified by the firm will not be considered for award.

The City reserves the right to select and award contracts to one or multiple qualified firms within each category based on the evaluation and scoring criteria established in this Request for Qualifications.

3. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm's Experience and

Qualifications Points Based 30

(30% of Total)

2. Experience on Similar Projects Points Based 20 (20% of Total)

3. Individual Staff Qualifications Points Based 20 (20% of Total)

4. Firm's Capacity to Perform Work Points Based 20 (20% of Total)

5. Overall Responsiveness to the RFQ Points Based 10 (10% of Total)

4. Vendor Questionnaire

1. Respondent Submittals (without Cost)*

Please Upload your COMPLETE response, including any and all required forms listed in the solicitation and the corresponding attachments.

A. Tab I – Cover Letter Provide a cover letter indicating your firm’s understanding of the requirements of this request for qualifications.

The letter must be brief and formal from the proposer that provides information regarding the firm’s interest in and ability to perform the requirements of the professional services. A person who is authorized by the organization to enter into an agreement with the City of Conroe will sign the letter.

Please include all contact information.

B. Tab 2 – Company Background (2 – Pages Maximum)

1. Years in business under present name.

2. Name and address of each office location.

3. Ownership structure (Corporation / Partnership).

4. Names and titles of officers in the company.

5. Company trade organizations / associations / affiliations

C. Tab 3 – Experience of Key Personnel on Similar Jobs

1. List key personnel

2. Provide resumes for key personnel.

D. Tab 4 – References

Provide references from the last five similar projects for which your company provided similar projects. Please include project, contact name, phone number and email address.

E. Tab 5 – List of Ongoing and Completed Projects

Provide a list of all public and private projects in which your company is currently involved, or has been involved, in whole or in part, as a General Contractor and/or Consultant

Please list project description, cost, and status.

(Do not upload cost information in here) *Response required

2. General Civil - Municipal Utilities Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

3. Architect/ Building/ Landscape/ MEP/ Structural Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

4. Survey & Sub-Surface Utility Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

5. Geotechnical/ Material Testing/ Environmental Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

6. Electrical Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

7. Hydrogeology Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

8. Appraisal & Right-of-Way Acquisition Professional Services

Please upload information about your proposed project team, including team members’ roles, responsibilities, relevant experience, and any other information specific to this category that supports your qualifications. (Limit 5 pages)

9. Certificate of Insurance*

Upload a copy of your COI here.

*Response required

10. W-9 Form*

Upload a recent copy of your W-9.

*Response required

11. Form 1295*

*Response required

12. SAM.gov Status?*

*Response required

13. Are you VetHUB certified?*

☐ Yes

☐ No

*Response required

14. Conflict of Interest Questionnaire*

Please click the link and complete the form.

Form CIQ (Conflict of Interest Questionnaire)

*Response required

15. Acknowledgement of Terms & Conditions*

Please download the below document, complete, and upload.

• Acknowledgement_of_Terms_an...

*Response required

16. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company.*

☐ Please confirm

*Response required

6. TERMS, CONDITIONS AND CLAUSES

6.1. 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.

6.2. QUESTIONS AND INQUIRES

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

6.3. SUBMISSION OF BIDS

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://government-project.s3.us-west-2.amazonaws.com/173234/27be7ac4-5a93-417f-b69a-afbf04cff85b_Acknowledgement_of_Terms_and_Conditions.docx

Submit electronically through the OpenGov Procurement Portal.

Contact:

Jennifer Gilmore Purchasing Department, Conroe Municipal Center 700 Metcalf Street Conroe, TX 77301

6.4. 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.

6.5. 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.

6.6. 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, e-mail address, and fax number.

6.7. 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.

6.8. 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.

6.9. 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.

6.10. 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.

6.11. 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.

6.12. 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).

6.13. 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.

6.14. 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.

6.15. 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.

6.16. 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.

6.17. 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.

6.18. 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.

6.19. 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.

6.20. 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.

6.21. 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.

6.22. 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.

6.23. 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.

6.24. 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.

6.25. 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.

6.26. 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.

6.27. 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.

6.28. 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.

6.29. 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.

6.30. 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.

6.31. 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.

6.32. 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.

6.33. 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.

6.34. 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.

6.35. 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.

6.36. 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.

6.37. 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.

6.38. 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.

6.39. 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.

6.40. 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.

6.41. 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.

6.42. 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.

6.43. EQUAL EMPLOYMENT OPPORTUNITY

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

6.44. 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.

6.45. 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.

6.46. 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.

6.47. 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.

6.48. 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.

6.49. 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.

6.50. 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.

6.51. NO QUANTITY GUARANTEES

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

6.52. 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.

6.53. 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.

6.54. 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.

6.55. 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.

6.56. 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.

6.57. 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.

6.58. 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.

6.59. 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.

6.60. 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.

6.61. 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.

6.62. ALTERNATE ITEMS

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

6.63. 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.

6.64. CORRECTIONS

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

6.65. 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.

6.66. 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.

6.67. 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.

6.68. 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.

6.69. 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.

6.70. 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.

7. 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.

8. BONDS AND INSURANCE

8.1. Performance and Payment Bonds

A. The Contractor shall provide separate performance and payment bonds, each in an amount equal to the contract price and executed by both Contractor and a surety company authorized to execute surety bonds and to do surety business in the State of Texas. The bonds must be in a form acceptable to City and satisfying the requirements of

Texas Government Code, Chapter 2253.

B. Contractor shall provide a copy of the payment bond to each subcontractor and to each person or entity alleging a claim against the project or appearing to be a potential beneficiary of the payment bond.

C. If the Contract price does not exceed $50,000, then no performance bond shall be required, (the threshold for the payment bond is $100,000.), provided however, the City shall retain the entire contract price until final completion and acceptance of the work.

D. Contractor shall be exclusively responsible for the payment of Contractors, employees, subcontractors, suppliers and materials and shall promptly obtain the release of any lien or claim filed against the property of the City by such persons as a result of the project.

8.2. Workers' Compensation Insurance Coverage

Definitions:

Certificate of coverage ("certificate") – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers’ Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker’s compensation insurance coverage for the person’s or entity’s employees providing services on the project, for the duration of the project.

Duration of the project – includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the City.

Persons providing services on the project (“subcontractor” in Texas Labor Code, § 406.096) – includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project.

"Services" include without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

A. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project.

B. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

C. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage within the

City showing that coverage has been extended.

D. The Contractor shall obtain from each person providing services on a project, and provide it to the City:

1. A certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the project.

E. The Contractor shall retain all required certificates of coverage for the duration of the project and one year thereafter.

F. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the

Contractor knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project.

G. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas

Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

H. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011 (44) for all…