RFQ_for_Professional_Services_for_2026_Street_Projects.pdf

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REQUEST FOR QUOTATION

CITY OF CONROE

RFQ # 2026-11

Request for Professional Services for 2026 Street Projects

CITY OF CONROE

401 SGT. ED HOLCOMB BLVD., S

CONROE, TEXAS 77304

RESPONSE DUE Thursday, February 12, 2026 BY 2:00 pm

CITY OF CONROE Engineering DEPARTMENT

Table Of Contents

1. Introduction

2. Project Details

3. Evaluation Phases

4. Vendor Questionnaire

5. Attachments

6. TERMS, CONDITIONS AND CLAUSES

7. INSURANCE REQUIREMENTS

8. BONDS AND INSURANCE

1. Introduction

1.1. Introduction

The City of Conroe (City) is requesting Statements of Qualifications (SOQ) from qualified and experienced firms or individuals to provide professional consulting services. The purpose of this solicitation is to identify and prequalify firms with the technical expertise and credentials necessary to provide survey, geotechnical services and construction material testing, environmental services, MAI certified appraisals, and parcel acquisition services.

1.2. Project Background

Release Project Date: January 26, 2026

Question Submission Deadline: February 9, 2026, 2:00pm

Question Response Deadline: February 10, 2026, 2:00pm

Response Submission Deadline: February 12, 2026, 2:00pm

1.3. Project Contact

Jennifer Gilmore

Engineering Projects Coordinator

700 Metcalf Street

Conroe, TX 77301

Email: jgilmore@cityofconroe.org

Phone: (936) 522-3136

1.4. Procurement Contact

Brandy Taylor

Contract Administrator / Engineering Manager

700 Metcalf Street

Conroe, TX 77301

Email: btaylor@cityofconroe.org

Phone: (936) 522-3132

2. Project Details

2.1. Important Instructions for Electronic Submittals

The City of Conroe, TX is accepting electronic Request for Qualification submissions. Respondents 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 response.

2.2. Vendor Qualifications

https://procurement.opengov.com/signup

Geotechnical Services & Material Testing

• Proctor Tests

• Density Tests

• Concrete Testing

• Core Samples Investigation/Reporting

• Soil Investigation/Reports for Roadway Construction

• Wall Analysis

• Foundation Analysis

• Pavement Design

• A2LA Certification

• NACE Level II & III Certification for Coating Inspections

Environmental Services

• Wetland Delineation/Permitting

• Categorical Exclusions

• Endangered Species Investigation/Reporting

• Archeological Investigation/Reporting

• Environmental Site Assessments - Phase I, II, & III

• Stream Mitigation

• Corps of Engineers/Permitting

• Mold, Asbestos, Lead Investigation

• Corrosion Control and Testing

Surveying Services

• Topographic Survey

• Boundary

• Legal Descriptions/Sketches

• Utility Mapping

• Preparation of Easement/ROW documents

Parcel Acquisition Services

• File Management heavy documentation for eminent domain process (if applicable)

• Title Research

• Evaluation of property to be obtained

• Review and compare appraisal reports

• Meet with land owners and negotiate for land in accordance with determined property rights in compliance with State Texas law

• Give notices of deadlines to property owners and follow up

• Make written offers to purchase based on City approval

• Prepare legal description to meet the project needs

• Must be able to read metes and bound descriptions and property sketches

• Submit a monthly report to the Engineering Department with invoices outlining progress

Appraisal Services

• Appraisal activities must adhere to the Federal Uniform Acquisition and

Relocation Act (URA) of 1970, as amended

• The appraisal provider selected will complete an appraisal report with sufficient detail and necessary information to help the City establish just compensation for parcel acquisitions

• Provide state certifications

• Current engagement in the profession of appraising real estate for a fee

• Demonstration of previous experience in preparing appraisals for a governmental entity

• Knowledge and understanding of issues associated with appraisal reviews of right-of-way parcels

• Experience appraising property in Montgomery County

2.3. Submission

Submissions should be limited to 25 pages, using 8.5” x 11” single-sided paper with 12-point font. Responses must be submitted through www.opengov.com. Each firm shall provide a cover letter identifying the principal they are submitting for. Any services not listed by the firm will not be considered. The City reserves the right to award the projects to one or multiple vendors based on the scoring criteria set forth in the Request for

Qualifications.

3. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm's Experience and

Qualifications Points Based 30

(30% of Total) https://www.opengov.com/

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

3. Individual Staff Qualifications Points Based 15 (15% of Total)

4. Firm's Capacity to Perform Work Points Based 15 (15% of Total)

5. Overall Responsiveness to the

RFQ

Points Based 10

(10% of Total)

6. Previous Experience with

Municipal Projects Points Based 10

(10% of Total)

4. Vendor Questionnaire

1. Respondent Qualification (No Cost)*

Please Upload your COMPLETE response, including any and all required forms listed in the solicitation and the corresponding 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. Acknowledgement of Terms & Conditions*

Please download the below document, complete, and upload.

• Acknowledgement_of_Terms_an...

*Response required

6. 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 responses, reject any or all responses and to waive technical irregularities in the submissions. The award will be made to the responder(s) who displays the best qualifications and expertise for the City.

https://government-project.s3.us-west-2.amazonaws.com/210189/c07d2275-9212-4f1b-a9d4-0a5cbb497043_Acknowledgement_of_Terms_and_Conditions_signature_page.pdf

6.2. QUESTIONS AND INQUIRES

Respondents 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:

Brandy Taylor, CTCD, CTCM - Engineering Manager / Contract Administrator

Submit electronically via OpenGov

6.4. INFORMATION CLARIFICATION

All questions shall be asked through OpenGov. Should a Respondent discover a discrepancy or an omission in the plans or specifications, he/she 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. REFERENCES

The City of Conroe may request Responders 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 email address.

6.6. MATERIALS AND SERVICES

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

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

6.8. ASSIGNMENT

Consultant 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.

6.9. BUY TEXAS AFFIRMATION

In accordance with Section 2155.4441 of the Texas Government Code, Consultant 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.

6.10. CHILD SUPPORT OBLIGATION AFFIRMATION

Under Section 231.006 of the Family Code, the Consultant 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).

6.11. CONTRACTING INFORMATION RESPONSIBILITIES

In accordance with Section 552.372 of the Texas Government Code, Consultant 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 Consultant 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 Consultant 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 Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter.

6.12. COVID-19 VACCINE PASSPORT PROHIBITION

Consultant 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

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

Consultant ineligible for a city-funded contract.

6.13. DATA MANAGEMENT AND SECURITY CONTROLS

In accordance with Section 2054.138 of the Texas Government Code, Consultant 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 Consultant's compliance with the required controls.

6.14. DEALINGS WITH PUBLIC SERVANTS AFFIRMATION

Consultant 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.

6.15. DEBTS AND DELINQUENCIES AFFIRMATION

Consultant 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.

6.16. DISASTER RECOVERY PLAN

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

6.17. 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.

6.18. ENERGY COMPANY BOYCOTTS

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

Response and state why the verification is not required.

6.19. ENTITIES THAT BOYCOTT ISRAEL

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

6.20. 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.

6.21. EXCLUDED PARTIES

Consultant 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.

6.22. FALSE STATEMENTS

Consultant 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.

6.23. FINANCIAL PARTICIPATION PROHIBITED

Consultant 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.

6.24. FOREIGN TERRORIST ORGANIZATIONS

Consultant 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.

6.25. FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION

If Consultant is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Consultant 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 Consultant does not make that verification, Consultant must so indicate in its Response and state why the verification is not required.

6.26. 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.

6.27. HUMAN TRAFFICKING PROHIBITION

Prohibition Under Section 2155.0061 of the Texas Government Code, the Consultant 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.

6.28. INDEMNIFICATION

RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF CONROE,

AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,

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 RESPONDENT OR ITS AGENTS, EMPLOYEES,

SUBCONSULTANTS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONSULTANTS IN THE

EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE

ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY

RESPONDENT WITH THE OFFICE OF THE CITY ATTORNEY WHEN THE CITY IS NAMED

DEFENDANT IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY

SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE CITY

ATTORNEY. RESPONDENT AND CITY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH

OTHER OF ANY SUCH CLAIM.

6.29. NO CONFLICT OF INTEREST

Consultant 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.

6.30. PRIOR DISASTER RELIEF CONTRACT VIOLATION

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the Consultant 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.

6.31. 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, Consultant 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.

6.32. SIGNATURE AUTHORITY

By submitting the Response, Respondent 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 Consultant and to bind the Consultant under any contract that may result from the submission of this Response.

6.33. 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.

6.34. SUSPENSION AND DEBARMENT

Consultant 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.

6.35. 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.

6.36. TEXAS BIDDER AFFIRMATION

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

6.37. AMERICANS WITH DISABILITIES ACT

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

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

6.38. 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.

6.39. DISCLOSURE OF INTERESTED PARTIES

Consultant represents and warrants that if selected for award of a contract as a result of the Solicitation, Consultant 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.

6.40. DISCOUNTS

If Consultant at any time during the term of the contract provides a discount on the final contract costs, Consultant 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.

6.41. EQUAL EMPLOYMENT OPPORTUNITY

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

6.42. FORCE MAJEURE

Neither Consultant 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.

6.43. IMMIGRATION

Consultant 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.

6.44. INDEPENDENT CONSULTANT

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

6.45. LEGAL AND REGULATORY ACTIONS

Consultant 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 Consultant 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 Consultant’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

Consultant is unable to make the preceding representation and warranty, then Consultant 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 Consultant'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, Consultant 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.

6.46. LIMITATION ON AUTHORITY

Consultant 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. Consultant may not incur any debt, obligation, expense or liability of any kind on behalf of the City.

6.47. LOBBYING PROHIBITION

Consultant represents and warrants that City’s payments to Consultant and Consultant'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.

6.48. 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.

6.49. NO QUANTITY GUARANTEES

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

6.50. 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.

6.51. RECORD RETENTION

Consultant 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 consultant 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.

6.52. REFUND

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

6.53. 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.

6.54. 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.

6.55. SUBCONSULTANTS

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

6.56. SURVIVAL

Expiration or termination of the contract for any reason does not release Consultant 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.

6.57. 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, Consultant shall refund to Agency any amounts attributable to the terminated months within thirty (30) days of the termination.

6.58. CONDITIONS OF CONDUCT

At all times any agent, officer, or employee of consultant 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 Respondent.

6.59. ALTERNATE ITEMS

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

6.60. CORRECTIONS

Erasures or other corrections in the response must be noted over the signature of the respondent.

6.61. WITHDRAWAL OF BIDS

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

6.62. AWARD OF/REJECTION OF BIDS

The City reserves the right to consider as unqualified to do the work, any Respondent 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.

6.63. CONTRACT AMENDMENTS

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 Contract Amendment to be prepared by the PURCHASING

DEPARTMENT for execution by the OWNER and the CONSULTANT. The Contract Amendment shall set forth the basis for any amendment 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 CONSULTANT 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 CONSULTANT for Work either added or deleted by a Contract

Amendment 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.

6.64. PAYMENT

City staff shall review all Consultant's application for payment and supporting data to determine the amount owed to the Consultant. 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.

6.65. 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 response.

NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in writing and posted on the OpenGov platform for transparency.

7. INSURANCE REQUIREMENTS

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

AN INSURANCE FORM ALONG WITH THE RESPONSE

The Respondent shall procure and maintain, at its expense, during the term of this contract, 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 Respondent agrees to furnish insurance certificates, showing the respondent compliance with this section if required by the City.

8. BONDS AND INSURANCE

8.1. 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 Consultant 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 consultant providing services on the project, for the duration of the project.

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

C. If the coverage period shown on the Consultant’s current certificate of coverage ends during the duration of the project, the Consultant 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 Consultant 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 Consultant, 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 Consultant shall retain all required certificates of coverage for the duration of the project and one year thereafter.

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

Consultant 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 Consultant 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 Consultant 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 Consultant, 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 Consultant 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 consultant:

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 Consultant or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the Consultant 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 Consultant's failure to comply with any of these provisions is a breach of contract by the Consultant which entitles the City to declare the consultant void if the Consultant does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

8.2. General Provisions Applicable to Other Required Insurance

At all times during the term of the contract the Consultant 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. Consultant 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.

8.3. 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.

8.4. 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.

8.5. Indemnity

The Consultant 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 Consultant under the agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of

City.