RFQ_2026-0803-1_Consulting_Services_Review_and_Update_Of_Classifications_and_CompensationSystem.pdf

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REQUEST FOR QUALIFICATIONS

CITY OF CONROE

RFQ # 2026-0803-1

CONSULTING SERVICES REVIEW AND UPDATE OF CLASSIFICATION

AND COMPENSATION SYSTEM

CITY OF CONROE

P.O. Box 3066

CONROE, TX 77305

RESPONSE DUE Thursday, August 20, 2026 BY 1:00 pm

CITY OF CONROE Adminstration DEPARTMENT

Table Of Contents

1. Introduction

2. Project Details

3. Attachments

4. Evaluation Phases

5. Insurance requirements

6. Bonds and Insurance

7. Terms, Conditions and Clauses

8. Vendor Questionnaire

1. Introduction

1.1. Summary

The City of Conroe is seeking a qualified and competent provider of consulting services to conduct a comprehensive review and update of the classification and compensation system.

1.2. Timeline

Release Project Date: August 3, 2026

Question Submission Deadline: August 17, 2026, 1:00pm

Response Submission Deadline: August 20, 2026, 1:00pm

1.3. Project Contact

Mandy Hyman Buyer I

700 Metcalf St.

Conroe, TX 77301

Email: mhyman@cityofconroe.org Phone: (936) 522-5850

1.4. Procurement Contact

Jennifer Gilmore Engineering Projects Coordinator

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. Professional Classification and Compensation Study Services

1. Project Overview The City of Conroe seeks to establish a contract with a qualified consulting firm to conduct a comprehensive classification and compensation study for all regular, classified City positions. The purpose of this study is to ensure that the City's classification system, job descriptions, compensation structure, and pay practices are equitable, competitive, legally compliant, fiscally responsible, and aligned with the City's organizational goals.

The selected consultant shall provide experienced personnel with demonstrated expertise in municipal classification and compensation studies, organizational analysis, compensation benchmarking, and implementation of sustainable compensation systems. The consultant shall work collaboratively with the City's Human Resources Department, City Administrator, department directors, and an internal project task force throughout all phases of the project.

2. Scope of Services Services may include, but are not limited to, the following:

A. Project Management and Coordination https://procurement.opengov.com/signup

The consultant shall:

• Conduct a project kickoff meeting with City staff.

• Develop a detailed project schedule identifying milestones and deliverables.

• Coordinate regularly with the Director of Human Resources or designee.

• Facilitate meetings with the City Administrator, department directors, supervisors, and project task force.

• Provide periodic progress reports throughout the project.

• Present findings and recommendations at key project milestones.

B. Organizational Review and Position Analysis The consultant shall conduct a comprehensive review of the City's organizational structure by:

• Reviewing existing organizational charts, policies, procedures, compensation practices, and related documentation.

• Conducting interviews with City leadership, department directors, supervisors, and selected employees.

• Developing and administering job analysis questionnaires.

• Evaluating assigned duties, responsibilities, reporting relationships, and required qualifications.

• Identifying opportunities to improve classification consistency and organizational efficiency.

• Reviewing Fair Labor Standards Act (FLSA) exemption status and recommending updates as appropriate.

C. Job Classification and Job Description Review The consultant shall perform a comprehensive review of all City classifications by:

• Reviewing all existing job descriptions.

• Updating or rewriting job descriptions to accurately reflect current duties and responsibilities.

• Standardizing job description formats throughout the organization.

• Clearly identifying essential job functions, minimum qualifications, physical demands, working conditions, certifications, and competencies.

• Reviewing classifications for consistency across departments.

• Recommending additions, consolidations, eliminations, or modifications to job classifications where appropriate.

• Assisting management with review and approval of revised job descriptions.

D. Classification Plan Development The consultant shall develop recommendations for an updated classification system including:

• Identification of benchmark positions.

• Assignment of positions to appropriate job classifications.

• Evaluation of internal relationships among classifications.

• Development of classification methodology and documentation.

• Recommendations for career progression and promotional pathways where appropriate.

• Recommendations to improve long-term administration of the classification system.

E. Compensation Study and Pay Plan Analysis The consultant shall conduct a comprehensive compensation analysis including:

• Selection of an appropriate municipal labor market.

• Identification of comparable public-sector organizations.

• Development of benchmark classifications for salary comparisons.

• Collection and analysis of current salary and total compensation data.

• Evaluation of internal equity among City positions.

• Evaluation of external market competitiveness.

• Review of salary ranges, pay grades, and pay structures.

• Analysis of pay compression, salary inversion, and compensation inequities.

• Recommendations for adjustments to salary ranges and individual classifications where appropriate.

• Development of implementation strategies for recommended compensation adjustments.

F. Compensation Plan Development The consultant shall develop recommendations for a sustainable compensation program including:

• Revised salary schedule and pay structure.

• Recommended pay grades and salary ranges.

• Compensation philosophy aligned with City objectives.

• Market positioning recommendations.

• Policies for starting salaries, promotional increases, equity adjustments, and merit or performance-based compensation, if applicable.

• Long-term maintenance recommendations to ensure continued market competitiveness.

G. Implementation Support The consultant shall assist the City with implementation by:

• Preparing an implementation and maintenance manual.

• Developing procedures for maintaining classifications and compensation plans.

• Providing training for Human Resources staff and designated management personnel.

• Assisting with employee communications regarding study results.

• Providing implementation guidance and recommendations for phased implementation if necessary.

H. Presentations and Stakeholder Engagement The consultant shall provide presentations and communications throughout the project including:

• Project kickoff presentation.

• Department director briefings.

• Employee informational meetings.

• Presentation of preliminary findings.

• Presentation of final recommendations.

• Formal presentation to the City Council.

• Responses to questions from City staff and elected officials regarding study methodology and recommendations.

3. Deliverables Deliverables may include:

• Project work plan and schedule

• Job analysis questionnaires

• Organizational assessment

• Updated organizational review

• Revised job descriptions

• Classification recommendations

• Benchmark position analysis

• Market compensation survey

• Internal and external equity analysis

• Salary structure recommendations

• Revised compensation plan

• Salary schedule and pay grade recommendations

• Pay compression analysis

• Cost impact analysis of recommendations

• Implementation plan

• Classification and compensation maintenance manual

• Human Resources training materials

• Employee communication materials

• City Council presentation

• Final report containing findings and recommendations

4. Minimum Qualifications The consulting firm shall demonstrate:

• Minimum five (5) years of experience conducting classification and compensation studies for municipalities, counties, state agencies, or other governmental entities.

• Demonstrated experience developing municipal classification systems and compensation plans.

• Experience reviewing and rewriting public-sector job descriptions.

• Experience conducting comprehensive compensation and market salary surveys.

• Knowledge of Fair Labor Standards Act (FLSA), Equal Pay Act, Americans with Disabilities Act (ADA), and applicable federal and state employment laws.

• Experience developing implementation strategies for public-sector compensation plans.

• Ability to provide experienced personnel with professional certifications such as CCP, SPHR, SHRM-SCP, IPMA-HR, or equivalent is preferred.

5. Optional Services The City may request additional services including:

• Organizational restructuring analysis

• Succession planning recommendations

• Workforce planning analysis

• Compensation modeling for future budget scenarios

• Executive compensation review

• Classification appeals assistance

• Employee compensation communication materials

• Additional compensation surveys following implementation

• On-site implementation support

• Follow-up compensation plan updates

6. Coordination The consultant shall coordinate with the City's designated staff and applicable departments throughout the project.

7. Contract Type The City intends to award a professional services contract for completion of the classification and compensation study. The project shall be completed according to the negotiated project schedule, with work performed in coordination with City staff and within available funding.

8. Evaluation Criteria Qualifications may be evaluated based on:

• Experience conducting municipal classification and compensation studies

• Qualifications of assigned personnel

• Experience with public-sector compensation systems

• Experience reviewing and developing job classifications

• Methodology for conducting classification and compensation analyses

• Experience with implementation of compensation plans

• Project management approach

• Capacity to complete the project within the proposed schedule

• References from governmental clients

9. Project Schedule The consultant shall provide a proposed project schedule identifying anticipated milestones, deliverables, meetings, review periods, and completion dates. The City anticipates completion of the study within the timeframe established during contract negotiations, subject to City review, stakeholder participation, and approval of final recommendations.

4. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the Firm in

Conducting Similar Studies for

Governmental Agencies

Assessment of the firm's demonstrated experience in successfully completing classification and compensation studies for municipalities, counties, state agencies, or other governmental organizations. Consideration will be given to the firm's knowledge of public sector compensation practices, experience with comparable organizations, qualifications of key personnel, and successful implementation of similar projects.

Points Based 30 (30% of Total)

2. Content, Technical Approach, and

Understanding of the Scope of the

Project

Evaluation of the consultant's understanding of the project objectives and the effectiveness of the proposed technical approach. This includes the methodology for reviewing and updating the classification and compensation system, stakeholder engagement strategies, market salary analysis, job evaluation processes, development of recommendations, implementation support, and overall ability to deliver a practical, equitable, and legally compliant compensation structure.

Points Based 30 (30% of Total)

3. Quality, Adequacy, and

Organization

Evaluation of the overall quality, clarity, completeness, and organization of the firm's qualifications. The firm's submission should present its relevant experience, qualifications, technical expertise, and organizational capabilities in a clear and logical manner. The submission should demonstrate the firm's understanding of the requested services, responsiveness to all requirements of the Request for Qualifications (RFQ), and the qualifications of the proposed team. The submission should provide sufficient detail to enable a comprehensive evaluation of the firm's capabilities, experience, and ability to successfully perform the requested services.

Points Based 20 (20% of Total)

4. Proposed Timeline

Evaluation of the proposed project schedule, including the feasibility and reasonableness of the timeline for completing each phase of the study.

The schedule should identify key milestones, deliverables, and demonstrate the firm's ability to complete the project within the required timeframe while maintaining quality standards.

Points Based 10 (10% of Total)

5. References

Evaluation of the firm's references from clients for whom similar classification and compensation studies have been completed, with emphasis on governmental agencies or comparable public sector organizations. References will be assessed based on the quality of services provided, the firm's ability to meet project schedules and budgets, responsiveness to client needs, effectiveness of communication, successful implementation of recommendations, and overall client satisfaction. The Owner reserves the right to contact any or all references provided, as well as other known clients, in evaluating the firm's performance.

Points Based 10 (10% of Total)

5. 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.

6. Bonds and Insurance

6.1. 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.

6.2. 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 of its employees providing service to the project for the duration of the project;

2. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. obtain from each other person with whom it contracts, and provide to the contractor:

a. a certificate of coverage, prior to the other person beginning work on the project; and

b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period on the current certificate of coverage ends during the duration of the project;

5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. contractually require each person with whom it contracts, to perform as required by the paragraphs above, with the certificates of coverage to be provided to the person for whom they are providing services.

I. By signing the Contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Workers’ Compensation Commission’s Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions.

J. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

6.3. General Provisions Applicable to Other Required Insurance

At all times during the term of the contract the Contractor shall keep in effect (1) a Commercial General Liability Policy and (2) an Automobile Liability Policy.

A. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.

B. "Claims Made" policies will not be accepted.

C. The City of Conroe, Texas, its officials, employees and volunteers are to be added as

“Additional Insureds” to the General Liability Policy. The coverage shall contain no special limitations applicable to such additional insureds.

D. Each insurance policy shall be endorsed to City of Conroe that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to the City of Conroe, Texas.

E. Contractor waives all rights, including that of subrogation, against Owner, Architect, their officers, employees, agents or assigns with respect to personal injury or property damage arising out of the Project or the Work to the extent that such loss or damage is insured, or required to be insured by the Contractor under the Contract Documents.

6.4. Commercial General Liability Insurance

A. A minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage must be provided.

6.5. Automobile Liability Insurance

A. A minimum combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage must be provided.

6.6. Indemnity

The Contractor shall indemnify and hold harmless City, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by the Contractor under the agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City.

6.7. Builders Risk Insurance

The Contractor, at the Contractor’s cost, shall obtain and maintain in the names of the City, the Contractor, any subcontractor, an all-risk builder’s risk insurance policy in the amount of one hundred percent (100%) of the completed value of the project upon all buildings, facilities, or structures on which work of the contracted work is to be done and upon all materials and equipment in or adjacent thereto or those that are off-site but which are intended for use, installation or furnishings in the project. The term all-risk” shall include but not be limited to acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery, and any other inabilities of either party, whether similar to those enumerated or otherwise, and not within the reasonable control of the party claiming such inability, which by the exercise of due diligence and care such party could not have avoided.

7. Terms, Conditions and Clauses

7.1. 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.

7.2. QUESTIONS AND INQUIRES

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

7.3. SUBMISSION OF BIDS

Submit electronically through the OpenGov Procurement Portal.

Contact:

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

7.4. 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.

7.5. 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.

7.6. 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.

7.7. 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.

7.8. 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.

7.9. 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.

7.10. 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.

7.11. 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.

7.12. 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).

7.13. 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.

7.14. 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.

7.15. 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.

7.16. 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.

7.17. 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.

7.18. 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.

7.19. 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.

7.20. 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.

7.21. 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.

7.22. 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.

7.23. 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.

7.24. 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.

7.25. 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.

7.26. 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.

7.27. 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.

7.28. 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.

7.29. 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.

7.30. 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.

7.31. 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.

7.32. 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.

7.33. 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.

7.34. 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.

7.35. 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.

7.36. 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.

7.37. 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.

7.38. 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.

7.39. 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.

7.40. 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.

7.41. 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.

7.42. 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.

7.43. EQUAL EMPLOYMENT OPPORTUNITY

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

7.44. 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.

7.45. 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.

7.46. 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.

7.47. 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.

7.48. 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.

7.49. 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.

7.50. 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.

7.51. NO QUANTITY GUARANTEES

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

7.52. 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.

7.53. 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.

7.54. 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.

7.55. 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.

7.56. 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.

7.57. 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.

7.58. 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.

7.59. 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.

7.60. 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.

7.61. 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.

7.62. ALTERNATE ITEMS

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

7.63. 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.