PD_TAHOE_EQUIPMENT_&_UPFITTING.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofconroe

REQUEST FOR QUOTATION

CITY OF CONROE

RFQ # PD0326-2026

PD TAHOE EQUIPMENT & UPFITTING

401 SGT. ED HOLCOMB BLVD., S

CONROE, TEXAS 77304

RESPONSE DUE Thursday, March 26, 2026 BY 2:00 pm

CITY OF CONROE Police Department - Patrol DEPARTMENT

Table Of Contents

1. NOTICE TO BIDDERS

2. GENERAL

3. BID FORM - INVITATION FOR BID

4. SCOPE OF WORK

5. VENDOR QUESTIONNAIRE

6. TERMS, CONDITIONS AND CLAUSES

7. EVALUATION PHASES

Attachments:

A - Attachment A SoundOff MPower Lightbar

B - IFB 0326-2026 Police Tahoe Equipment

1. NOTICE TO BIDDERS

NOTICE TO BIDDERS

The City of Conroe will receive sealed bids electronically through OpenGov.com for Police Tahoe Equipment.

Bids will be publicly opened and read on March 26, 2026 at 2:00 p.m. in the Public Works Conference Room 401

Sgt Ed Holcomb Blvd S.

Specifications and bidding documents may be secured from OpenGov.com

No proposal may in any way qualify, modify, substitute or change any part of the specifications contained herein.

The City of Conroe reserves the right to reject any and all offers, award parts of bids, award to multiple vendors and to waive informalities in submission of bids. The City of Conroe also reserves the right to award this proposal to the lowest most qualified responsible bidder meeting all the specifications or to the bidder who provides goods or services at the best value for the City.

CC: 3/6

3/13 3/20

2. GENERAL

2.1. Introduction

Pursuant to Local Government Code the City of Conroe hereby solicits Invitation for Bid for the IFB PD0326-

2026 PD TAHOE EQUIPMENT & UPFITTING.

This project involves The City of Conroe is requesting bids for Police Tahoe Equipment & Upfitting.

If you are interested in being considered as a vendor for this project, please submit electronically through the

OpenGov Procurement Portal

Physical:

Michael Dean, Lieutenant

Dean Towery Service Center - Building A Purchasing Department

401 Sgt Ed Holcomb Blvd., S

Conroe, TX. 77304

• . Please include one original of the ethics forms SB1295 1295 Filing Info (state.tx.us) and include a copy of your

SAM.Gov standing, showing your UIN#.

2.2. Questions and Inquiries

Any person with questions regarding this IFB should submit a written request for clarification to:

BIDDING

PROCEDURES:

TECHNICAL QUESTIONS:

Submit electronically to OpenGov

Answers and all Addenda will be posted on OPENGOV. Candidates should not rely on any oral communication concerning this Bid and oral responses will have no binding effect. Candidates may not visit any proposed project site without the Owner’s permission and coordination.

2.3. Conditions of Conduct

At all times any agent, officer, or employee of Proposer 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 Proposer. A copy of this policy is available for public inspection in the office of the City Secretary and copies may be obtained at a nominal charge.

2.4. Ethical Standard

No City official or employee shall have interest in any contract resulting from this Bid. Individuals with a possible conflict will enact a public disclosure record by completing a “Statement of Financial Interest” form.

Refer to Project number and name on the 1295 form 1295 Filing Info (state.tx.us).

2.5. Reimbursements

There is no expressed or implied obligation for the City of Conroe to reimburse responding firms for any expenses incurred in preparing bids in response to this request and the City will not reimburse responding firms for these expenses, nor will the City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

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

2.6. Disclosure

The name of the Vendor and their lump-sum offer will be read at the time of opening. Once the contract has been awarded all bids will be open for public inspection, except for trade secrets and confidential information, which the firm identifies as proprietary.

After written bids are received and initially evaluated, the Owner may require one or more of the Candidates to provide an oral presentation as a supplement to their bids. Any Candidate required to interview should be prepared to discuss and substantiate any area of their bid. The Owner is under no obligation to grant interviews to any Candidate receiving a copy of this Bid and/or submitting a written bid in response to this Bid.

3. BID FORM - INVITATION FOR BID

PRICING TABLE

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

1 BK2168TAH25 Setina

Push

Bumper with 2 lights forward facing and

2 lights side facing.

1 OR

MORE

2 HK0810TAH21 Setina

Headlight

Guard and

Pit Bar attachment

3 ETSS100J Sound Off

100W siren speakers.

Mounted on the push bumper

2 OR

4 DMPLB55DEKM Sound Off

55"

Mpower light bar

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

5 PNFLBF38 Sound Off

Light bar

Hook Kit for a

Tahoe

6 ESLRL61158 Sound Off

61" 5

Module SL

Running

Light

RBW.

Mount on each running board.

7 PSLVBK03 Sound Off

SL

Running

Light

Bracket for

Tahoe

8 EMPS2QMS5RBW Sound Off

4"

Mpower

RBW.

Mounted for License

Plate lights.

9 EMPS1QMS4RBW Sound Off

3"

Mpower

RBW

lights.

Mounted for Pillars.

6 OR

10 PMP1BK003 Sound Off

Tahoe pillar wedge kit

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

11 ENGSA5201 Sound Off

500 Series blueprint amp with link

12 ENGCP18003 Sound Off

500 Series remote control panel with button control

13 ENGLNVH014 Sound Off

Blueprint

Link

Harness for Tahoe

14 ENGND04102 Sound Off

Remote

Node

15 ENGHNK05 Sound Off

Remote

Node

Harness

16 C-VSW-1012-

TAH-1

Havis wide body

Tahoe console

17 C-EB40-SO5-1P Havis console faceplate for Sound

Off 500

Remote

Blueprint

Siren

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

18 C-EB30-CH7-1P Havis console faceplate for Harris radio

19 C-FP-3 Havis 3" blank console facplate

20 C-AP-0645-1 Havis 6" accessory pocket

21 CUP2-1001 Havis interior cup holder

22 C-APW-1258 Havis wide body 12" accessory pocket

23 C-FPW-5 Havis wide body console 5" blank faceplate

24 C-ARM-102 Havis side mount console armrest

25 C-HDM-204 Havis side mount pole for dock

26 C-MD-119 Havis motion attachment for dock

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

27 DS-DELL-426 Havis docking station for

Dell computer

28 CG-X Havis charge guard

29 GK10271UHK Setina single t-rail gunlock with universal handcuff

30 PK0419TAH21 Setina recessed partition with sliding window and mesh

31 QK2024TAH21 Setina cargo barrier and replaceme nt seat set

32 TK0252TAH21 Setina cargo box with top tray and a bottom drawer

33 WK0514TAH21 Setina vertical window bars

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

34 DK0598TAH21 Setina steel door panels

35 TRAB7603 Radio

Antenna

36 TES-338265 Radio

Antenna coaxial cable

37 10X8-07125 Cat 6 copper ethernet cable

38 DW02914LD22CC

BallisTech

IIIA

windshield for 21-26

Tahoe

39 CT-L-3332 BallisTech

IIIA driver door window for 21-26

Tahoe

40 CT-R-3331 BallisTech

IIIA

passenger door window for 21-26

Tahoe

41 01-00354 AA IIIA

Driver

Door panel

42 01-00355 AA IIIA

Passenger

Door panel

Lin e

Ite m

Part Number Descriptio n Quantit y Unit of

Measur e

Uni t

Cos t

Tota l

43 02-010004 AA door panel covers

TOTAL

Line

Item Description Quantity Unit of

Measure Unit

Cost Total

1 Cost of upfit, separate from equipment.

TOTAL

4. SCOPE OF WORK

4.1. Purpose

The purpose of this Scope of Work is to provide all labor, equipment, materials, and supervision necessary to upfit a Chevrolet Tahoe Police Pursuit Vehicle (PPV) for full law enforcement operational use. See Attachment A for diagram of SoundOff Signal Lightbar.

4.2. General Requirements

• All equipment shall be new and unused.

• Installation shall comply with manufacturer specifications and industry standards.

• All wiring shall be properly loomed, fused, labeled, and secured.

• Installation shall not interfere with airbag deployment zones or OEM safety systems.

• Vendor shall provide installation documentation and wiring diagrams.

• All components shall be professionally installed to ensure durability and officer safety.

5. VENDOR QUESTIONNAIRE

1. Cover Letter*

Provide a cover letter indicating your firm’s understanding of the requirements of this specific job bid. 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 proposal. 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.

*Response required

2. Acceptance of Conditions*

Indicate any exceptions to the terms and conditions of this CSP, including the Scope of Services. Include a copy of all amendments issued pertaining to this CSP.

*Response required

3. Company Background*

2 - Pages Maximum

A. Years in business under present name.

B. Name and address of each office location.

C. Ownership structure (Corporation / Partnership).

D. Names and titles of officers in the company.

E. Company trade organizations/associations/affiliations

*Response required

4. Experience of Key Personnel on Similar Jobs*

A. List key personnel that will be assigned or oversee this job.

B. Provide resumes for key personnel.

C. List all subcontractors that will be used for this construction project.

*Response required

5. References*

Provide references from the last five similar construction projects for which your company provided The City of

Conroe is requesting bids for Police Tahoe Equipment & Upfitting.

*Response required

6. List of Ongoing and Completed Projects*

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

Please list project description, cost, and status.

*Response required

7. Copies of Insurance Certifications*

*Response required

8. Form 1295*

*Response required

9. Are you HUB Certified?*

☐ Yes

☐ No

*Response required

When equals "Yes"

9.1. HUB Certification*

*Response required

When equals "No"

9.2. Please upload a memo stating that you are not HUB certified.*

*Response required

10. SAM.gov Status*

*Response required

11. Signed Addendums*

*Response required

12. Acknowledgement of Terms & Conditions*

Please download the below document, complete, and upload.

• Acknowledgement_of_Terms_an...

*Response required

13. Acknowledgement of Respondent*

By clicking "Please confirm" below, Bidder agrees to provide any additional information requested during bid selection process.

☐ 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.

Contact:

Stephanie Ramirez, Buyer II Purchasing Department, Dean Tower Service Center

401 Sgt Ed Holcomb Blvd., S

Conroe, TX. 77304

Proposals not delivered by this time will be returned unopened.

6.4. INFORMATION CLARIFICATION

https://government-project.s3.us-west-2.amazonaws.com/182323/be87ffee-ffd7-430d-a6c1-627bb5b247a4_Acknowledgement_of_Terms_and_Conditions.docx

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 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. EVALUATION PHASES

Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Low Bid Price Points Based 50 (100% of Total)

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience/Company

Background/Previous History with the City

Points Based 30

Phase 3

No. Evaluation Criteria Scoring Method Weight (Points)

1. Delivery Time Points Based 10

Phase 4

No. Evaluation Criteria Scoring Method Weight (Points)

1. References Points Based 10