hazard_mitigation_assistance_grant_projects-2026-08-05-19-53-17.pdf

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REQUEST FOR QUOTATION

CITY OF CONROE

RFQ # RFQ 0810-2026

Hazard Mitigation Assistance - Grant Projects

CITY OF CONROE

P.O. Box 3066

CONROE, TX 77305

RESPONSE DUE Thursday, August 27, 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

Attachments:

NOTICE TO BIDDERS - RFQ-0810-2026 Hazard Mitigation Assistance Grant Projects

1. Introduction

1.1. Summary

The City of Conroe is considering applying for funding to support hazard mitigation projects eligible under the Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance (HMA) programs, which may include pre-funding activities such as grant application development, and post-funding grant administration, project scoping studies, managing field surveys, and other engineering services, as needed within the City of Conroe and its extraterritorial jurisdiction.

1.2. Timeline

Release Project Date: August 10, 2026

Question Submission Deadline: August 24, 2026, 1:00pm

Response Submission Deadline: August 27, 2026, 1:00pm

1.3. Project Contact

Greg Wells Buyer I

700 Metcalf Conroe, TX 77301

Email: gwells@cityofconroe.org Phone: (936) 522-3879

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 Request for Qualifications

Enter into a professional services contract with a competent firm or individual to administer any eligible project under the Hazard Mitigation Assistance (HMA) grant programs, including project scoping studies, through the Texas Water Development Board (TWDB), Texas Division of Emergency Management (TDEM), or other applicable state pass-through agency.

2.3. Project Description

The purpose of this solicitation is to establish a qualified pool of firms able to support any eligible hazard mitigation project within the City of Conroe, including but not limited to home elevation, acquisition/demolition, drainage improvements, and other structural and non-structural mitigation measures eligible under FMA, FMA Swift Current, BRIC, HMGP, and CDBG-MIT. Professional services will include project scoping to identify potentially eligible properties or infrastructure and implementing a mitigation program based upon available funding.

2.4. Scope of Work

The City of Conroe is soliciting for professional grant administration and project management services required to undertake any eligible project administered by the State of Texas, TWDB, TDEM, GLO, and professional grant application development for HMA grant programs, to include FMA, FMA Swift Current, BRIC, HMGP, and CDBG-MIT, through Federal grants funded by FEMA. The firm hired shall ensure the City's contractual obligations are met in accordance with Federal and State law, including but not limited to the categories below. Individual task orders will specify which categories apply to a given project.

2.5. A. Surveying and Engineering

• The City will work closely with the Grant Management Consultant and Engineer consultants on implementing the scope of each project.

• The Grant Management consultants will complete invoicing, reimbursements, quarterly reports, and facilitate coordination between the City and the State, and will be the overall project manager for the applicable scoping grant.

• Field Surveying – data collection of finished floor elevations (FFE) or other relevant field data on eligible structures within the City, as applicable to the specific project. This will be completed by the hired surveying firm.

• Engineering Evaluation – determine the base flood elevations, or other applicable technical benchmarks, throughout the City and tabulate against surveyed data. The engineer will utilize existing hydrologic modeling data and wave surge transects as published by FEMA, as applicable.

• Engineering Mapping – produce maps that graphically present flood zones, affected addresses, finished floor elevations, adjacent ground elevations, and base flood elevations, as applicable to the project.

2.6. B. Benefit-Cost Analysis

• To determine the Benefits, FEMA's Benefit Cost Analysis Software, BCA Toolkit latest version, will be utilized. The software will be used to determine benefits on a per-project or per-property basis, as applicable.

• Cost information will be based on experience with similar projects, research, industry https://procurement.opengov.com/signup information, and engineering experience.

• The software will be used to evaluate the cost-effectiveness of the project. Those projects with a benefit-cost ratio above 1.0 are considered cost effective and will be eligible for other funding applications.

2.7. C. Project Identification and Final Report

• The City and the consultant will use the results of the above items to identify which mitigation projects should be pursued and applied for under the next funding cycle.

• The Final Report will detail the process used for each proposed project, as well as the resulting benefit-cost ratio and eligibility for funding applications.

2.8. D. Pre-Award Grant Development

• Application development and submission, which may include: collecting project scoping studies and project information; compiling site photos and location maps; researching hazard information; and assisting with development of scope of work, alternative actions, cost estimate, and grant schedule.

• Coordinate application development and submission with funding agencies, such as FEMA, HUD, DOT-FHWA, TDEM, Texas GLO, and TWDB.

• Develop applications for hazard mitigation assistance (HMA) projects including the development of required BCAs.

• Coordinate responses to funding agency requests for information (RFI).

• Provide guidance regarding project feasibility and effectiveness.

• Review preliminary EHP data and assist with agency consultation, as applicable.

• Coordinate workshops and/or public meetings related to the development and submission of the application, as necessary.

• Other such work which may reasonably be associated with pre-award support of proposed mitigation projects and studies.

• Assist with property owner or applicant information requests and application data collection.

• Analyze the benefit-cost ratios for proposed projects.

• Prepare and submit applications for grant funding under FMA, FMA Swift Current, BRIC, HMGP, and CDBG-MIT, and other mitigation funding sources used in conjunction with these programs.

• Prepare responses to requests for information at post grant submission.

2.9. E. General Grant Administration for Hazard Mitigation Assistance (HMA), If Awarded

• Fully administer all aspects of grant according to the contractual agreement with state and federal agencies regarding Hazard or Flood Mitigation Assistance Grants.

• Report to local officials on the grant process.

• Prepare required reports to the State.

• Prepare requests for payment from the City to property owners or contractors (as determined).

• Provide guidance regarding project feasibility and effectiveness.

• Conduct a study or evaluation of severe-repetitive loss (SRL) and repetitive loss (RL) properties and other eligible structures or infrastructure to determine feasibility and economics of mitigation in accordance with local, State, and FEMA standards.

• Develop mitigation strategies and obtain data to prioritize, select, and develop, in a timely manner, complete applications that result in either an improvement in the capability to identify appropriate mitigation projects or in the development of an application-ready mitigation project.

• Coordinate with engineer(s) and/or local staff for BCA development or cost-effectiveness review.

• Collect data for Benefit-Cost Analyses, environmental compliance, and other program requirements.

• Review preliminary EHP data and assist with agency consultation, as applicable.

• Scope and develop hazard mitigation projects and alternatives, including engineering design and feasibility studies.

• Evaluate facilities or areas to determine appropriate mitigation actions.

• Prepare requests for reimbursement from the City to the State.

• Assist the City in evaluating options for procurement of qualified contractors in accordance with 2 CFR Part 200 and State of Texas procurement standards.

• Assist the City in developing agreements between the City and property owners that pass along the relevant terms of the grant and establish owner obligations.

• Coordinate inspection, structure requirement, and bid/contract process for mitigation contractor procurement.

• Coordinate and facilitate meetings with property owners to outline the project's scope of work requirements, and respond to questions in a timely manner.

• Prepare reconciliation with the State on all grant funds.

• Prepare all reports and forms required for grant closeout.

• Participate in any review or audit of the grant by TWDB, TDEM, FEMA, or their assignee, and address any questions, findings, or deficiencies noted.

2.10. F. Post-Award Management Services

• Coordination of title clearance with all appropriate parties, if applicable.

• Coordination and documentation of the Statement of Voluntary Participation and Acknowledgement of Conditions forms.

• Coordination of final mitigation offer, including informing each property owner of applicable market value and the method used to determine the offer, where applicable.

• Verify that all required subaward activities have been accomplished in accordance with all programmatic guidance and proper grants management practices, including 44 CFR Section 80.21.

• Verify that all properties or facilities identified in the sub-application have been addressed consistent with the sub-award scope of work, and that any required deed restriction language was recorded, where applicable.

• Ensure that each successful respondent provides required project documentation, which may include photographs, recorded deeds and restrictions, coordinates, signed statements of voluntary participation, FEMA Form AW-501, and final elevation certificates, as applicable to the project type.

• Record keeping and financial management.

• Managing awards (e.g., quarterly reporting, reimbursement requests, scope/budget modifications, closeout).

• Project monitoring and evaluation of the mitigation activity in accordance with the approved scope of work and budget, and administrative requirements of 2 CFR Part 200 and applicable State requirements.

• Facilitate public outreach efforts on behalf of the sub-applicant(s), as applicable.

• Project closeout in accordance with 2 CFR Section 200.344, documenting that the approved scope of work was fully implemented, all obligated funds were liquidated consistent with the approved scope of work, all EHP compliance conditions were implemented and documented, the project was implemented consistent with the Federal award or subaward agreement, required quarterly financial and performance reports were submitted, and the Federal award and subaward were closed out in accordance with applicable requirements.

• Other such work which may reasonably be associated with post-award support of proposed mitigation projects.

2.11. G. Per-Parcel/Per-Project Management Services

• Meet with property owners to overview and explain the process and detail owner and contractor responsibilities, where the project involves individual properties.

• Provide an overview of the budget the property owner must stay within, consistent with grant award documents.

• Manage budget to ensure projects are completed within available Federal funding.

• Ensure that contract specifications meet applicable FEMA grant requirements.

• Develop process to ensure construction or implementation is performed in compliance with engineering and program specifications.

• Ensure that a professional engineer reviews all construction specifications, where applicable.

• Solicit contractors in accord with Federal and State procurement standards.

• Provide a list of qualified contractors and describe the process for selection, review, and approval.

• Ensure property owner selects among qualified contractors in the manner and method prescribed and supports the selection.

• Prepare and present mitigation offers; review details of mitigation offer and obtain signature from property owner, where applicable.

• Prepare and present property owner/City agreements for the project, including indemnification language, and obtain signature.

• Submit owner-signed agreements to the City for review and signature.

• For property owners with a local cost share, collect the cost share at execution of the agreement and ensure funds are deposited with the City in escrow accounts.

• Facilitate payments to contractors from the City.

• Meet with each property owner and review and concur with contractor selection; confirm bids are within grant limits and detail any costs not reimbursable under the grant.

• Review work schedules and specifications to ensure timely completion in compliance with grant terms; seek resolution from the City and the State if problems are encountered.

• Facilitate establishment/recordation of any FEMA-required post-project deed restrictions.

• Geocode mitigation projects identified for further review by the funding agency.

• Deliver technical assistance (e.g., plan reviews, BCA development, EHP data gathering, appraisal coordination, planning workshops, training) to support implementation of mitigation activities.

• Ancillary services necessary to satisfactorily complete the above-listed scope categories, including ongoing document preparation, coordination of grant and local match funds, creation and submittal of grant payment requests, technical assistance and advice, coordination and liaison services, assistance with project modifications and amendments, and real property acquisition assistance and advice. Rates for any additional services must be specified in the proposed cost of services.

2.12. Contract Term

One (1) year term with an option to renew annually for up to four (4) additional years, based on performance and funding availability.

The City of Conroe shall have the right to cancel this contract with 30 days written notice for unresolved problems.

3. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience Points Based 40 (40% of Total)

2. Work Performance Points Based 20 (20% of Total)

3. Performance Capacity Points Based 20 (20% of Total)

4. References Points Based 20 (20% 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.

Vendor Questionnaire:

1. Cover Letter Provide a cover letter signed by an authorized representative.

Include:

• Firm name and address

• Primary contact

• Phone number

• Email address

• Brief summary of qualifications

• Commitment to provide requested services

• Statement that the proposal is valid for 180 days

2. Firm Profile Provide:

• Legal business name

• Headquarters and local office locations (if applicable)

• Year established

• Business structure (Corporation, LLC, Partnership, Sole Proprietorship, etc.)

• Number of full-time employees

• Number of staff dedicated to grant development, grant administration, project management, engineering, planning, environmental compliance, financial management, or other related disciplines

• Description of professional services offered

• Areas of specialization related to federal and state mitigation and resiliency programs

3. Project Understanding Describe your firm's understanding of the City's need for on-call professional services supporting federally and state-funded mitigation projects.

Include your approach to:

• Identifying and evaluating grant funding opportunities

• Grant application development and submission

• Project scoping and planning

• Grant administration and compliance

• Project management and implementation

• Coordination with City staff and funding agencies

• Communication and reporting procedures

• Schedule and budget management

• Compliance with applicable federal and state grant requirements

4. Relevant Experience Describe your firm's experience providing professional grant development, administration, and project management services for local governments.

Include experience with programs administered by:

• Federal Emergency Management Agency (FEMA)

• Texas Division of Emergency Management (TDEM)

• Texas Water Development Board (TWDB)

• Texas General Land Office (GLO)

• U.S. Department of Housing and Urban Development (HUD) Describe experience with, as applicable:

• Hazard Mitigation Grant Program (HMGP)

• Flood Mitigation Assistance (FMA)

• FMA Swift Current

• Building Resilient Infrastructure and Communities (BRIC)

• Community Development Block Grant – Mitigation (CDBG-MIT)

• Other federal or state mitigation, resilience, or infrastructure grant programs Provide at least five (5) representative projects completed within the past ten (10) years.

For each project include:

• Client name

• Funding agency and grant program

• Project description

• Services provided

• Grant amount awarded (if applicable)

• Project status or completion date

• Client reference including name, title, phone number, and email address

5. Project Team Identify key personnel.

Identify the personnel proposed to perform services under this contract.

Include:

• Organizational chart

• Project Manager

• Grant Specialists

• Project Administrators

• Engineers or Technical Specialists (if applicable)

• Environmental and Historic Preservation (EHP) Specialists

• Benefit-Cost Analysis (BCA) Specialists

• Financial Compliance Specialists

• Other key personnel or subconsultants Provide resumes for key personnel that include:

• Education

• Professional licenses and certifications

• Years of relevant experience

• Experience with FEMA and State of Texas grant programs

• FEMA Independent Study courses or other applicable certifications (if applicable)

• Proposed responsibilities under this contract

6. Technical Qualifications Describe your firm's capabilities related to:

• Grant funding strategy and project identification

• Grant application development

• Benefit-Cost Analysis (BCA)

• FEMA Grants Portal and applicable grant management systems

• Environmental and Historic Preservation (EHP) compliance

• National Environmental Policy Act (NEPA) documentation

• Financial management and grant compliance

• Procurement compliance under 2 CFR Part 200

• Project implementation and monitoring

• Quarterly and final reporting

• Grant closeout

• Coordination with federal, state, and local agencies

7. Capacity and Availability Describe:

• Current workload

• Available staffing resources

• Ability to support multiple grant opportunities and projects simultaneously

• Response time for City requests

• Availability during grant application, implementation, monitoring, and closeout

8. Quality Assurance and Compliance Describe your firm's quality assurance and quality control procedures.

Include your processes for:

• Internal document review

• Regulatory and grant compliance review

• Financial and administrative quality control

• Coordination among project team members

• Monitoring project schedules and deliverables

• Ensuring compliance with applicable federal and state requirements, including 2 CFR Part 200

9. References Provide at least five (5) references for similar governmental projects completed within the past ten (10) years.

Include:

• Agency or organization name

• Contact person

• Title

• Telephone number

• Email address

• Grant program

• Description of services provided

• Project completion date or current status

Maximum Page Limit The Statement of Qualifications shall not exceed 25 pages, excluding resumes and required attachments.

(Do not upload cost information in here)

*Response required

2. Certificate of Insurance*

Upload a copy of your COI here.

*Response required

3. W-9 Form*

Upload a recent copy of your W-9.

*Response required

4. Form 1295*

*Response required

5. SAM.gov Status?*

*Response required

6. Are you VetHUB certified?*

☐ Yes

☐ No

*Response required

7. Conflict of Interest Questionnaire*

Please click the link and complete the form.

Form CIQ (Conflict of Interest Questionnaire)

*Response required

8. Acknowledgement of Terms & Conditions*

Please download the below document, complete, and upload.

• Acknowledgement_of_Terms_an...

*Response required

9. Acknowledgement of FEMA Provisions*

Please download the below documents, complete, and upload

• Acknowledgement_of_FEMA_Pro...

*Response required

10. 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

Submit electronically through the OpenGov Procurement Portal or deliver one original and one copy to the Purchasing Department marked "RFP NUMBER AND NAME”, located at the Dean Towery Service Center.

Contact:

Greg Wells, CTCD / Buyer I Purchasing Department 700 Metcalf Conroe, TX. 77301 Proposals not delivered by this time will be returned unopened.

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 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 https://government-project.s3.us-west-2.amazonaws.com/290127/eee8b940-faba-4e40-b8a2-1b92f53868fe_Acknowledgement_of_FEMA_Provisions.pdf 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 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

Commercial General Liability - General

Aggregate

$2,000,000.00

Worker’s Compensation As required by Texas Law

Employer’s Liability $500,000 each occurrence

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