R2023-185 2023-08-14DocuSign Envelope ID: 400032D9-2DAD-4015-895C-9F8133C766A2
RESOLUTION NO. R2023-185
A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-
year service contract (1-year term with 2 renewals) for demolition services
(general clean-up and nuisance abatement), to Sitek Omni Services, LLC., in
the annual estimated amount of $70,000.00, for the period of August 15, 2023
and through August 14, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for demolition services have been reviewed and
tabulated.
Section 2. That the City Council hereby awards a bid to Sitek Omni Services, LLC., in
the estimated amount of $70,000.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
demolition services contract.
PASSED, APPROVED and ADOPTED this the 14th day of August, A.D., 2023.
DocuSigned by:
2F-8 B858BC2A475
J. KEVIN COLE
MAYOR
ATTEST:
DocuSigned by:
FrataGS a ItAiLar
Er22 3,
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,-DocuSigned by:
? S ASg$ 6B1F 4 B6...
DARRIN M. COKER
CITY ATTORNEY
City of Pearland
3519 Liberty Drive
• Pearland, TX 77581
SERVICE CONTRACT NO. RFP 0622-09
Demolition and Disposal Services for Residential Structures
THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home -
rule municipal corporation ("City") and Sitek Omni Services, LLC ("Contractor"), and consisting of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Sitek Omni Services, LLC.
1780 Roughneck Drive
Humble, TX 77338
Description of Services: Contractor will provide demolition and disposal services for
residential Structures and premises, and general clean-up and
removal of nuisance accumulations, for the City of Pearland, per
the specifications of RFP #0622-09.
Contract Amount: Not to exceed $70,000
Effective Date: August 15, 2023
End Date: August 14, 2024
Renewals: 2
Resolution No/Bid No: RFP #622-09
II. Signatures
CITY OF PEARLAND CONTRACTOR
Purchasing Officer
7/18/2023
Q
Date Title: elLe F11‘ c12.44,1.
*Signed by: Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority:
Service Contract Standard Form
Approved as to Legal Form 6.28.2021
Date: i $ta-3
Superintendent/Manager — up to $10,000
Director - $10,001 - $30,000
City Manager/Deputy/Assistant City Manager - $30,001 +
City Council Resolution over $50,000
Page 1 of 7
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for
Bid/Proposal #0622-09 ("Solicitation"), which Solicitation includes the required scope of work and
all specifications and which Solicitation and the Contractor's bid or proposal response, as
applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if
each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Contract is for one (1) year, with performance commencing upon the effective
date or the date of issuance of the notice to proceed issued by the Contract Administrator or
the Purchasing Division, or upon the performance date listed in the notice to proceed,
whichever is later. The parties may mutually extend the Term of this Contract for up to 2 (two)
additional one-year periods ("Option Period(s)"), provided, the parties do so by written
amendment prior to the expiration of the original term or the then -current Option Period. The
City's extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Contract is for an amount not to exceed $70,000,
subject to approved extensions and changes. Payment will be made for Services completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in
Attachment B, the content of which is incorporated, in its entirety, by reference into this
Contract. Any amount not expended during the initial term or any option period may, at the
City's discretion, be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email: accountspayable@pearlandtx.gc
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City's Contract
Administrator for this Contract is as follows:
Name: Rance Rhame, Supervisor Code & Environ. Svcs.
Department: Fire Department / Code Enforcement
Phone: 281.997.4671
Email: rrhame@pearlandtx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the
City's Contract Administrator. Additionally, the COI must state that the City shall be
Service Contract Standard Form Page 2 of 7
Approved as to Legal Form 6.28.2021
(B)
provided no less than thirty (30) days' advance written notice of cancellation, material
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all insurance
policies within ten (10) days of the City Manager or his designee's written request.
Insurance requirements are as stated in Attachment C, the entirety of which is
incorporated by reference into this Contract.
Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Contract. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract.
6. Purchase Release Order. For multiple -release purchases of Services provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Services to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Services shall not be rendered until the Contractor receives the signed purchase release
order.
7. Inspection and Acceptance. City may inspect all Services and products supplied before
acceptance. Any Services or products that are provided but not accepted by the City must be
corrected or re -worked immediately at no charge to the City. If immediate correction or re-
working at no charge cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including additional costs
over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of
receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is attached to this is incorporated into this
Contract.
(C) Contractor warrants that all Services will be performed in accordance with the standard
of care used by similarly situated contractors performing similar services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule
are estimates only and do not obligate the City to order or accept more than the City's actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City's product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
Service Contract Standard Form Page 3 of 7
Approved as to Legal Form 6.28.2021
within the sole discretion of the City's City Council to determine whether or not to fund this
Contract. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Services in its own manner and method, and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts
or utilize the services of subcontractors unless the subcontractors were identified in the
bid/quote/proposal or approved by the Contract Administrator.
13. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Rance Rhame
Title: Supervisor Code & Env. Svcs.
Address: 2703 Veterans Dr. Pearland, Tx. 77584
Phone: 281.997.4671
IF TO CONTRACTOR:
Sitek Omni Services, LLC
Attn: Kevin Delahunty
Title: Vice President
Address: 1780 Roughneck Drive, Humble, TX 77338
Phone: 281.812.1461
17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT
DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR
RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR
COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE
PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR
CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS
CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT.
EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE
CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS
RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY
CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM
Service Contract Standard Form Page 4 of 7
Approved as to Legal Form 6.28.2021
THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF
THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION
DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO
IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS
CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD -
PARTY DEFENDANT AS ALLOWED BY LAW.
18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
19. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
20. Termination.
(A) City Termination for Convenience. Under this paragraph, the City may terminate this
Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(B)
Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default shall provide the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by written
notice to the other party, specifying the date of termination. Termination of this Contract
pursuant this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of
the owner's manual and/or preventative maintenance guidelines or instructions if available for
any equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
24. Severability. Each provision of this Contract is considered to be severable and, if, for any
Service Contract Standard Form Page 5 of 7
Approved as to Legal Form 6.28.2021
reason, any provision or part of this Contract is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
A. this Contract (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Contract if required by said statute for items approved by
the City Council.
27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
29. Public Information Act Requirements. This paragraph applies only to Contracts that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this 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.
30. Entire Agreement. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV. Special Terms and Conditions. None.
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Service Contract Standard Form Page 6 of 7
Approved as to Legal Form 6.28.2021
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/ Bid #0622-09
Exhibit 2: Contractor's Bid/Proposal Response
Service Contract Standard Form
Approved as to Legal Form 6.28.2021
Page 7 of 7
ATTACHMENT A — SCOPE OF WORK
Provide all labor, equipment and materials needed to capture, remove, haul, and
dispose of materials. Successful proposals shall provide pricing based on the unit of
measure for an unknown quantity, inclusive of any specialized procedures, tools, or
additional step(s) involved in each line item. Proposals may submit notations based
on knowledge or expertise, but the
City may deny a proposal for incomplete or altered line item(s), or for no -bid of line
items or requirements specified below requisite of the successful bidder.
The following requirements and specifications shall be in addition to the other
requirements contained herein and shall supersede the other requirements where
applicable.
SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any
detail or to the apparent omission from it of a detailed description concerning any
point, shall be regarded as meaning that only the best commercial practices are to
prevail. All interpretations of these specifications shall be made based on this
statement.
1.0 GENERAL/REQUIREMENTS
1.1 Demolish/clear all above ground structures and related appurtenances.
1.1.1 Includes piers, concrete steps, and concrete porches.
1.1.2 Piers are to be cut twelve (12) inches below ground level and compacted fill dirt
shall be used to fill the void. Existing slab/foundation of structure(s) to be
demolished and removed to a depth of at least 3 feet below grade. The City
reserves the right to require removal of entire foundation based on facts of
individual property situation and variables, which would be reflected in adjustment
to price.
1.1.3 When completed, structure site should be in a condition to return to a natural state
with no man-made objects or material.
1.1.4 At least two clear pictures must be provided to the City of Pearland of work in
progress and completion for each structure before project is considered complete
and payment can be made.
1.1.5 All disposal/clearance must be done in accordance with local, state and federal
environmental laws and regulations. Special and hazardous waste to be handled
and removed according to applicable State Law(s).
1.1.6 Grade lot smooth using fill dirt if necessary and slope to drain. Voids will not be
allowed, and contractor shall compact ground to fill in below grade areas. Spread
a mixture of 50% rye grass and 50% Bermuda grass seed over the entire cleared
and disturbed area. Voids filled and grading completed shall create positive
drainage and not allow for pooling or ponding of water at any place on the
property.
1.1.7 Pools must be demolished or removed in entirety and backfilled, and
measurements for the purpose of the applicable pricing shall be measured length
times width times approximate average depth.
1.1.8 Additional flatwork shall consist of sidewalks, patios, and driveways to be removed
completely. Driveway approaches shall be allowed to remain if in good, sound
condition.
1.1.9 Measurement for pricing per square foot of structure shall be measured as length
times width per floor or level of structure as recorded with County of Record.
1.1.10 Line item pricing for demolition/removal of structures to include cost to bring the
structure to ground and load for removal from the property. The waste stream
generated by such work shall be calculated by volume and type per applicable
line items.
1.1.11 It is the intent of the City that accessory structures of smaller footprint, such as
detached storage or utility sheds be calculated at a reasonable rate using the line
item pricing available. The vendor shall discuss the pricing and provide reasonable
documentation to support accessory structures for which the vendor intends to
charge at the rate included in the line item for structures 1500 sq. ft. or Tess, which
is intended to include main structure(s) or structure(s) permissible and designed for
human occupancy. The City reserves the right to decline demolition and removal
of any accessory structure by the vendor based on pricing quotes submitted
without sufficient and reasonable documentation supporting such pricing.
1.2 Remove and dispose of all debris/refuse on property, including tires, rubbish, and brush
daily.
1.2.1 All protected trees over 12" in diameter measured at chest height to remain
undisturbed on the property. Prior to project start, orange construction fence
material to be placed around drip line, minimum circumference equal to tree
canopy. Fencing shall remain until completion of demolition, grading, and
seeding.
1.2.2 Upon completion of loading of vehicle(s), the successful proposal shall be
responsible for all material/refuse during transportation.
1.2.3 Existing structures must be demolished on -site and cannot be relocated to any
other site.
1.2.4 Remove all fences. Exception: Do not remove fences that are adjoined to property
owned by other individuals who want the fence to remain in place.
1.2.5 No burning or burying of disposal items on site or in City limits.
1.2.6 A disposal and disposition manifest must be completed and submitted to city staff
before payment will be made.
1.2.7 Roll -off containers/dumpsters designed for placement on -site for the disposal of
debris and refuse must be obtained from the City's contracted waste services
vendor, Frontier Waste Solutions. No other vendor may be utilized for this contract.
Exception: use of vendor's readily moveable dump trailer or similar which is
designed to be loaded and transported for disposal.
1.3 A permit must be submitted to the City of Pearland Permits Department. Fee to be included
in pricing for project cost- ensure permit application includes note that demolition is for City
of Pearland Project. Successful Proposal must be registered with the City of Pearland Permits
Department.
1.4 Acceptable methods and materials to prevent erosion and/or illicit discharge or dumping
into adjacent waterways, stormwater systems, or similar shall be installed prior to the start of
each project and removed only after final approval of site conditions by city staff. A formal
SWPPP will not be required unless applicable laws or regulations require such.
1.5 If asbestos is found, all applicable state and local guidelines to be followed for the
demolition and removal. If applicable, vendor will be responsible for asbestos report
submittal to City Staff.
1.6 If structure believed to be constructed prior to 1978, successful proposal may be required
to provide a lead -based paint report to the City unless report of prior clearance of lead-
based paint available for property, or justification provided to adequately support
property as clear of lead -based paint if required under applicable law.
1.7 Must have thorough knowledge of the demolition discipline and debris removal, including
disposal of any hazardous materials, if found on site.
1.8 Ability to communicate and work effectively with City of Pearland staff with respect to any
of the services required. Successful proposal shall notify city staff of proposed schedule
and work schedule prior to start of project(s).
1.9 Coordinate with City of Pearland staff to notify utility providers of the pending demolition
and request and ensure disconnection of Utilities, Gas, Electric, Cable TV and any other
utility to the residential building. Cost included per applicable line item pricing to include
only labor of the vendor to perform necessary disconnection or removal of utility
equipment or material.
1.9.1 Proof of disconnection of all utilities is required prior to start of demolition of any
structure connected to utilities.
1.9.2 Water, sewer, and gas shall be disconnected at the perimeter of the property.
Exception: water may remain in service if required for to prevent hazardous
particles from becoming airborne.
1.9.3 Underground pipes shall be severed approximately twelve (12) inches below
grade level.
1.9.4 Cap all sanitary sewer openings and completely fill all septic tanks and/or below
ground pools with sand, compacted every twelve (12) inches, to six (6) inches
above natural ground level. Pool gunite, walls, or other impervious materials shall
be removed prior to fill and grading. Septic tanks shall be removed prior to fill and
grading. If removal not feasible, and if approved by City Staff, the bottom of any
pool or septic tank, in which impervious materials may restrict drainage shall have
holes or perforations to sufficiently allow for drainage of water to substrate.
1.9.5 Permanently cap all water wells by pulling all pumps and pipe (casing may be left
in place) and fill well with sand or concrete from the bottom to ground level.
1.10 Successful Proposal is expected to perform all work in a competent and professional
manner. Any damage to a city or citizens building/facility that is not included in the
project, either direct or indirect, resulting from the successful proposal, or their employees
must be repaired fully and completely at the cost to the successful proposal, including
work, materials, and any litigation fees that may be incurred to recover the cost of such
damages not repaired or not repaired in a workmanlike manner. The City assumes but
makes no guarantee of access conditions at properties. Successful proposal is expected
to have available equipment to ensure efficient removal regardless of numerous possible
unknown environmental variables which may restrict height, width, or weight clearances,
and competent knowledge of methods, tools, and techniques employed in this trade.
Proposal shall include the following information in a cover letter to describe the experience
and capability of the company (these factors may be evaluated to determine Proposal's
capability as a supplier):
1.11.1 Introduce the company; include capabilities and underlying philosophy of the
company in providing the requested service.
1.11.2 List equipment and personnel available for use in demolition work.
1.11.3 Experience List; include at least three (3) businesses with whom your company has
completed similar type work within the last year. The City reserves the right to
confirm. Include contact name, phone number, email address and location
address.
1.11.4 Describe the experience of the firm in the last thirty-six (36) months in performing
services contracts of similar size and scope.
1.11.5 Provide confirmation that employees meet requested requirements.
1.11.6 In the event portions of the work are to be subcontracted, details of such shall be
furnished along with the same information as required for the proposal.
1.12 Each job shall be billed separately and shall include an authorized purchase order
number. No invoice will be paid without an authorized purchase order number.
1.13 There shall be no minimum order requirements.
1.14 The City reserves the right to use other Vendors when it is deemed to be in its best interest
to do so, as in the following examples:
1.14.1 Service and/or quality of product is not acceptable (does not meet specifications).
1.14.2 Service/product is not available on the day it is needed, or within specified
requirements.
1.15 Vendor must ensure that their employees assigned to work on City projects have legal
right to work in the United States, and Vendor must comply with requirements of e-verify
program, as administered by U.S. Citizenship and Immigration Services.
1.16 Vendor must perform background (on the State level) and criminal history check, and
ensure that no employee assigned to work on a City of Pearland project (if applicable)
has been convicted of:
1.16.1 A felony or any offense that designates the individual as a sex offender.
1.16.2 Found to have any conviction relating to theft, identity fraud, or vandalism.
1.17 City reserves the right to request different workers from Vendor if it deems any vendor
employee's quality of work to be poor or if issues with attendance or behavior
(discourteous, belligerent, unsafe, etc.) arise. City's request will be submitted in writing
stating reasons.
1.18 Limit hours of operation to Monday through Friday during the hours of 7:00 a.m. to 6:00
p.m. Special hours of operation, including weekends and holidays, outside
the normal hours must be approved by the City.
ATTACHMENT B - BID/PRICING SCHEDULE
Description
UOM
Per Unit Cost
Demo/Removal of One -Story Structure - 1,500 square feet or less
EA
$8,750.00
Demo/Removal of One -Story Structure - 1,501 to 2,500 square feet
EA
$9,750.00
Demo/Removal of One -Story Structure - 2,501 to 3,500 square feet
EA
$11,250.00
Demo/Removal of Two -Story Structure - 1,500 square feet or less
EA
$8,750.00
Demo/Removal of Two -Story Structure - 1,501 to 2,500 square feet
EA
$9,750.00
Demo/Removal of Two -Story Structure - 2,501 to 3,500 square feet
EA
$11,650.00
Removal of Additional Flatwork
SF
$0.401 SF
Erosion Control
LF
$0.24 / LF
Illicit Discharge and Stormwater Pollution Prevention Materials
LF
$0.24 / LF
Asbestos Material Removal
SF
$3.50 / SF
Paint Material Removal
—Disconnection
SF
$3.85/ SF
Disconnection and Capping Off Utilities
Gas
EA
$150.00
Electric
EA
$100.00
Water
EA
$380.00
Sewer
EA
$380.00
Water Well
EA
$900.00
Septic Tank
EA
$940.00
Removal of Excess Vegetation and Weeds
SF
`: 0.55 / SF
Wooden Fence Removal
LF
$1.55 / LF
Cyclone Fence Removal
LF
$1.00/LF
:: l Dirt
CU YD.
$2.85 / CY
Rve/Bermuda Grass Seed
SF
<1:.0.24 . SF
Pool Demo and Backfiil to Grade
CU. FT.
$3.25 / CF
Roll Off Container
20 yd container
EA
$425.00
30 yd container
EA
$550.00
40 yd container
EA
$685.00
6 yd dump trailer or similar
EA
$515.00
20 yd semi -tractor dump trailer or similar
EA
$685.00
Lot Grading
SF
$0.24 / SF
Nuisance Waste and Storage Removal - Labor Only
Standard Household Waste
CU. YD.
$3.20 / CY
Hazardous and Special Waste
CU. YD.
$22.501 CY
Additional Mobilization
EA
$800.00
ATTACHMENT C — INSURANCE REQUIREMENTS
Contractors performing work on City property or public right-of-way for the City of
Pearland shall provide the City a certificate of insurance or a copy of their insurance
policy(s) evidencing the coverages and coverage provisions identified herein.
Contractors shall provide the City evidence that all subcontractors performing work on
the project have the same types and amounts of coverages as required herein or that
the subcontractors are included under the contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department
of Insurance to transact business in the State of Texas and must be acceptable to the
City of Pearland.
Listed below are the types and amounts of insurances required. The City reserves the
right to amend or require additional types and amounts of coverages or provisions
depending on the nature of the work.
Type of Insurance
Amount of Insurance
Provisions
1. Workers' Compensation
Employers' Liability
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER
OF SUBROGATION and 30-day
notice of cancellation or
material change in coverage.
City to be listed as additional
insured and provided 30-day
notice of cancellation or
material change in coverage.
City shall be provided 30-day
notice of cancellation or
material change in coverage.
2. Commercial General
(Public) Liability to include
coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent
Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence;
General Aggregate -
$1,000,000
3. Business Auto Liability to
include coverage for:
a) Owned/Leased
vehicles
b) Non -owned vehicles
cj Hired vehicles
Combined Single Limit -
$1,000,000
Certificate of Insurance forms may be sent to Purchasing Department.
L
ATTACHMENT D - WARRANTY
N/A
ATTACHMENT A
SCOPE OF SERVICES
The City of Pearland seeks proposals from qualified vendors known to be experienced and regularly
engaged in work of similar character/scope for demolition and general nuisance abatement services of
residential premises for the city. The purpose of these specifications is to describe the minimum
requirements of the City of Pearland for an annual contract. The City makes no guarantee as to potential
quantities of project properties or abatements involved in this contract, and services are on an as -needed
basis through the contract period.
The successful proposal will provide all labor, equipment and materials needed to capture, remove,
haul, and dispose of materials. Successful proposals shall provide pricing based on the unit of measure
for an unknown quantity, inclusive of any specialized procedures, tools, or additional step(s) involved in
each line item. Proposals may submit notations based on knowledge or expertise, but the
City may deny a proposal for incomplete or altered line item(s), or for no -bid of line items or requirements
specified below requisite of the successful bidder.
The following requirements and specifications shall be in addition to the other requirements contained
herein and shall supersede the other requirements where applicable.
SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the
apparent omission from it of a detailed description concerning any point, shall be regarded as meaning
that only the best commercial practices are to prevail. All interpretations of these specifications shall be
made based on this statement.
1.0 GENERAL/REQUIREMENTS
1.1 Demolish/clear all above ground structures and related appurtenances.
1.1.1 Includes piers, concrete steps, and concrete porches.
1.1.2 Piers are to be cut twelve (12) inches below ground level and compacted fill dirt
shall be used to fill the void. Existing slab/foundation of structure(s) to be
demolished and removed to a depth of at least 3 feet below grade. The City
reserves the right to require removal of entire foundation based on facts of
individual property situation and variables, which would be reflected in adjustment
to price.
1.1.3 When completed, structure site should be in a condition to return to a natural state
with no man-made objects or material.
1.1.4 At least two clear pictures must be provided to the City of Pearland of work in
progress and completion for each structure before project is considered complete
and payment can be made.
1.1.5 All disposal/clearance must be done in accordance with local, state and federal
environmental laws and regulations. Special and hazardous waste to be handled
and removed according to applicable State Law(s).
1.1.6 Grade lot smooth using fill dirt if necessary and slope to drain. Voids will not be
allowed, and contractor shall compact ground to fill in below grade areas. Spread
a mixture of 50% rye grass and 50% Bermuda grass seed over the entire cleared
and disturbed area. Voids filled and grading completed shall create positive
drainage and not allow for pooling or ponding of water at any place on the
property.
1.1.7 Pools must be demolished or removed in entirety and backfilled, and
measurements for the purpose of the applicable pricing shall be measured length
times width times approximate depth.
1.1.8 Additional flatwork shall consist of sidewalks, patios, and driveways to be
removed completely. Driveway approaches shall be allowed to remain if in good,
sound condition.
1.1.9 Measurement for pricing per square foot of structure shall be measured as length
times width per floor or level of structure as recorded with County of Record.
1.2 Remove and dispose of all debris/refuse on property, including tires, rubbish, and brush
daily.
1.2.1 All protected trees over 12" in diameter measured at chest height to remain
undisturbed on the property. Prior to project start, orange construction fence
material to be placed around drip line, minimum circumference equal to tree
canopy. Fencing shall remain until completion of demolition, grading, and
seeding.
1.2.2 Upon completion of loading of vehicle(s), the successful proposal shall be
responsible for all material/refuse during transportation.
1.2.3 Existing structures must be demolished on -site and cannot be relocated to any
other site.
1.2.4 Remove all fences. Exception: Do not remove fences that are adjoined to property
owned by other individuals who want the fence to remain in place.
1.2.5 No burning or burying of disposal items on site or in City limits.
1.2.6 A disposal and disposition manifest must be completed and submitted to city staff
before payment will be made.
1.2.7 Roll -off containers/dumpsters designed for placement on -site for the disposal of
debris and refuse must be obtained from the City's contracted waste services
vendor, Frontier Waste Solutions. No other vendor may be utilized for this
contract. Exception: use of vendor's readily moveable dump trailer or similar
which is designed to be loaded and transported for disposal.
1.3 A permit must be submitted to the City of Pearland Permits Department. No fee will be
assessed — ensure permit application includes note that demolition is for City of Pearland
Project. Successful Proposal must be registered with the City of Pearland Permits
Department.
1.4 Acceptable methods and materials to prevent erosion and/or illicit discharge or dumping into
adjacent waterways, stormwater systems, or similar shall be installed prior to the start of
each project and removed only after final approval of site conditions by city staff. A formal
SWPPP will not be required unless applicable laws or regulations require such.
1.5 If asbestos is found, all applicable state and local guidelines to be followed for the
demolition and removal. If applicable, vendor will be responsible for asbestos report
submittal to City Staff.
1.6 If structure believed to be constructed prior to 1978, successful proposal may be required
to provide a lead -based paint report to the City unless report of prior clearance of lead -
based paint available for property, or justification provided to adequately support property
as clear of lead -based paint.
1.7 Must have thorough knowledge of the demolition discipline and debris removal, including
disposal of any hazardous materials, if found on site.
1.8 Ability to communicate and work effectively with City of Pearland staff with respect to any
of the services required. Successful proposal shall notify city staff of proposed schedule
and work schedule prior to start of project(s).
1.9 Properly notify utility providers of the pending demolition and request and ensure
disconnection of Utilities, Gas, Electric, Cable TV and any other utility to the residential
building. Vendor is responsible for cost associated with any disconnect order request.
1.9.1 Proof of disconnection of all utilities is required.
1.9.2 Water, sewer, and gas shall be disconnected at the perimeter of the property.
Exception: water may remain in service if required for to prevent hazardous
particles from becoming airborne.
1.9.3 Underground pipes shall be severed approximately twelve (12) inches below
grade level.
1.9.4 Cap all sanitary sewer openings and completely fill all septic tanks and/or below
ground pools with sand, compacted every twelve (12) inches, to six (6) inches
above natural ground level. Pool gunite, walls, or other impervious materials shall
be removed prior to fill and grading. Septic tanks shall be removed prior to fill and
grading. If removal not feasible, and if approved by City Staff, the bottom of any
pool or septic tank, in which impervious materials may restrict drainage shall have
holes or perforations to sufficiently allow for drainage of water to substrate.
1.9.5 Permanently cap all water wells by pulling all pumps and pipe (casing may be left
in place) and fill well with sand or concrete from the bottom to ground level.
1.10 Successful Proposal is expected to perform all work in a competent and professional
manner. Any damage to a city or citizens building/facility that is not included in the project,
either direct or indirect, resulting from the successful proposal, or their employees must
be repaired fully and completely at the cost to the successful proposal, including work,
materials, and any litigation fees that may be incurred to recover the cost of such damages
not repaired or not repaired in a workmanlike manner. The City assumes but makes no
guarantee of access conditions at properties. Successful proposal is expected to have
available equipment to ensure efficient removal regardless of numerous possible
unknown environmental variables which may restrict height, width, or weight clearances,
and competent knowledge of methods, tools, and techniques employed in this trade.
Proposal shall include the following information in a cover letter to describe the experience
and capability of the company (these factors may be evaluated to determine Proposal's
capability as a supplier):
1.11.1 Introduce the company; include capabilities and underlying philosophy of the
company in providing the requested service.
1.11.2 List equipment and personnel available for use in demolition work.
1.11.3 Experience List; include at least three (3) businesses with whom your company
has completed similar type work within the last year. The City reserves the right
to confirm. Include contact name, phone number, email address and location
address.
1.11.4 Describe the experience of the firm in the last thirty-six (36) months in performing
services contracts of similar size and scope.
1.11.5 Provide confirmation that employees meet requested requirements.
1.11.6 In the event portions of the work are to be subcontracted, details of such shall be
furnished along with the same information as required for the proposal.
1.12 Each job shall be billed separately and shall include an authorized purchase order
number. No invoice will be paid without an authorized purchase order number.
1.13 There shall be no minimum order requirements.
1.14 The City reserves the right to use other Vendors when it is deemed to be in its best interest
to do so, as in the following examples:
1.14.1 Service and/or quality of product is not acceptable (does not meet specifications).
1.14.2 Service/product is not available on the day it is needed, or within specified
requirements.
1.15 Vendor must ensure that their employees assigned to work on City projects have legal
right to work in the United States, and Vendor must comply with requirements of e-verify
program, as administered by U.S. Citizenship and Immigration Services.
1.16 Vendor must perform background (on the State level) and criminal history check, and
ensure that no employee assigned to work on a City of Pearland project (if applicable)
has been convicted of:
1.16.1 A felony or any offense that designates the individual as a sex offender.
1.16.2 Found to have any conviction relating to theft, identity fraud, or vandalism.
1.17 City reserves the right to request different workers from Vendor if it deems any vendor
employee's quality of work to be poor or if issues with attendance or behavior
(discourteous, belligerent, unsafe, etc.) arise. City's request will be submitted in writing
stating reasons.
1.18 Limit hours of operation to Monday through Friday during the hours of 7:00 a.m. to 6:00
p.m. Special hours of operation, including weekends and holidays, outside the normal
hours must be approved by the City.
2 PRICING/TAXES
2.0 City of Pearland will not pay any additional charges unless specified in Proposal. These
charges may include, but are not limited to, delivery charges and/or fuel surcharges.
2.1 Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be
honored during the course of the contract.
2.2 The awarded Vendor will pay all sales, consumer, use and other similar taxes required by the
State of Texas.
2.3 Successful proposals shall provide pricing based on the unit of measure for an unknown
quantity, inclusive of any specialized procedures, tools, or additional step(s) involved in each line
item. Proposals may submit notations based on knowledge or expertise, but the City may deny a
proposal for incomplete or altered line item(s).
3 PROPOSAL REQUIREMENTS
3.1 Provide a cover letter as stated in General Requirements, section 1.0 (upload to "Response
Attachments" tab).
3.2 Provide pricing via the Line Items tab in the e-bid system. The proposal price for each line
item shall be all inclusive.
Description
UOM
Per Unit Cost
Demo/Removal of One -Story Structure - 1,500 square feet or less
EA
Demo/Removal of One -Story Structure - 1,501 to 2,500 square feet
EA
Demo/Removal of One -Story Structure - 2,501 to 3,500 square feet
EA
Demo/Removal of Two -Story Structure - 1,500 square feet or less
EA
Demo/Removal of Two -Story Structure - 1,501 to 2,500 square feet
EA
Demo/Removal of Two -Story Structure - 2,501 to 3,500 square feet
EA
Removal of Additional Flatwork
SF
Erosion Control
LF
Illicit Discharge and Stormwater Pollution Prevention Materials
LF
Asbestos Material Removal
SF
Lead Paint Material Removal
SF
Disconnection and Capping Off Utilities
Gas
EA
Electric
EA
Water
EA
Sewer
EA
Water Well
EA
Septic Tank
EA
Removal of Excess Vegetation and Weeds
SF
Wooden Fence Removal
LF
Cyclone Fence Removal
LF
Fill Dirt
CU. YD.
Rve/Bermuda Grass Seed
SF
Pool Demo and Backfill to Grade
CU. FT.
Roll Off Container
20 yd container
EA
30 yd container
EA
40 yd container
EA
6 yd dump trailer or similar
EA
20 yd semi -tractor dump trailer or similar
EA
Lot Grading
SF
Nuisance Waste and Storage Removal - Labor Only
Standard Household Waste
CU. YD.
Hazardous and Special Waste
CU. YD.
Additional Mobilization
EA
4.0 Required documents to be completed and uploaded to "Response Attachments" tab
(forms located in "Attachments" tab of the e-Bid system):
4.0.1 Insurance Requirements;
4.0.2 Local Bidder Preference Claim Form (note N/A if not applicable);
4.0.3 Conflict of Interest Questionnaire (note N/A if not applicable);
4.0.4 Contractor Questionnaire;
4.0.5 Non -collusion statement;
4.0.6 House Bill 89 Verification;
4.0.7 Attributes — on a separate tab in the e-Bid system.
5 EVALUATION FACTORS
5.0 Compliance with Proposal requirements and best value are factors which will be considered
when evaluating Proposals. After receipt of Proposals, City of Pearland will use the following criteria
in the selection process:
35% Pricing/Best Value to the City
30% Qualifications;
20% Experience list
15% Compliance to proposal requirements
5.1 The City reserves the right to award in whole, by group or line item, whichever is in the best
interest of the City.
REQUEST FOR PROPOSAL
RFP-0622-09
FOR
Demolition and Disposal Services for Residential Structure
CITY OF PEARLAND
ISSUED DATE: DATE
June 22, 2022
CITY OF PEARLAND, TEXAS
3519 Liberty Drive
Pearland, TX 77581
https://pearland.ionwave.net
REQUEST FOR PROPOSAL (RFP)0622-09 for
Demolition and Disposal Services for Residential Structures
PROPOSAL DOCUMENT
Unless otherwise specified, Proposers should upload required, completed documents (signature lines
must be signed; electronic signature is acceptable) as attachments under the "Response Attachments"
tab on the https://pearland.ionwave.net website. If submitting by hard copy (electronic response is
preferred).
INQUIRIES
All questions regarding this RFP should be submitted via email to ebids@pearlandtx.gov. Questions and
answers will be distributed by addendum via the e-bids website https://pearland.ionwave.net Questions
should be submitted in writing no later 5:00 P.M. CST, Friday, July 8, 2022, to ebids@pearlandtx.gov.
PRE -PROPOSAL CONFERENCE
Pre -Proposal Conference shall be held: Tuesday, July 5, 2022, 2:00 PM CST In Person -City of Pearland Council Chambers or
WebEx
Join from the meeting link
https://pearlandtx.webex.com/pearlandtx/j.php?MTID=mbf903ce72a413533483cd6e6cb729872
Join by Phone: 1-408-418-9388
Meeting number (access code): 2554 643 3645
Meeting password: fnMnadyw657
Participants are expressly instructed that the RFP contact instructions is the only authorized source of
information concerning this solicitation.
Sealed Proposal Submissions will be received on or before Thursday July 21, 2022, at 2:00 PM CST
https://pearland.ionwave.net
Statements of Qualifications may be sent by USPS mail to:
City of Pearland
Attn. City Secretary's Office
3519 Liberty Drive
Pearland, TX 77581
PURCHASING DIVISION
REQUEST FOR PROPOSAL (RFP)
RFP 0622-09
Issued: June 22, 2022
OFFERS SUBMISSION DEADLINE:
***Wednesday. July 21. 2022 by 2:OOPM CST*"
NO LATE OFFERS SHALL BE ACCEPTED
RESPONSES SHALL BE SUBMITTED TO:
RESPONSES SHALL BE MAILED OR
Bid document: Bidders should upload required,
completed documents (signature lines must be signed;
electronic signature is acceptable) as attachments
under the "Response Attachments" tab on the
https://pearland.ionwave.net website. If submitting
by hard copy (electronic response is preferred).
DELIVERED TO:
City of Pearland
Attn. City Secretary's Office
3519 Liberty Drive
Pearland, TX 77581
Pre -Proposal Conference shall be held:
Tuesday, July 5, 2022, 2:00 P.M. (CST),
In Person or Virtual Option
*********************************************
NAME AND ADDRESS OF COMPANY
SUBMITTING PROPOSAL:
FOR ADDITIONAL INFORMATION
All questions regarding this RFP should be submitted via email to
ebids@pearlandtx.gov. Questions and answers will be distributed by
addendum via the e-bid website https://pearland.ionwave.net.
Questions should be submitted in writing to no later 5:00 P.M.,
Tuesday, July 8, 2022 to ebids@pearlandtx.gov
**********************************************
RETURN THIS COVER SHEET WITH RESPONSE:
Contact Person:
Title:
Phone: ( )
Fax: ( )
Email:
Signature:
Printed Name:
Shall contract be available for Cooperative Agreement
Acknowledgment of Addenda: #1 #2 #3
use? (See Section 26, page 8) Yes_No
#4 #5
Request for Proposals
The City of Pearland seeks qualified vendors for Demolition Services of Residential
Structures for the City.
1.0 SUBMISSION OF PROPOSALS
1.1
Unless otherwise specified, Proposers should upload required, completed documents
(signature lines must be signed; electronic signature is acceptable) as attachments under
the "Response Attachments" tab on the https://pearland.ionwave.net website. If submitting
by hard copy (electronic response is preferred). One (1) original, and one (1) USB flash
drive of all Offer documents shall be submitted in sealed packages. Proposer's name and
address and RFP-0622-09 should be marked on the outside of the envelope. Facsimile
transmittals or offers communicated by telephone will not be accepted or considered.
Proposal information that is not submitted in sealed packages will not be considered.
1.2 Mail or Deliver Responses to the Following Address:
City of Pearland
Attn. City Secretary's Office
3519 Liberty Drive
Pearland, TX 77581
2.0 DELIVERY OF PROPOSALS
Proposals must be received in the City of Pearland E-Bid system @ https://pearland.ionwave.net
or City Secretary Office no later than 2:00 P.M. CST Thursday, July 21, 2022. The
submitting Proposer is responsible for the means of delivering the proposals to the location listed
in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the Proposals
including delay occasioned by the Proposer or the City of Pearland internal mailing system will
be the responsibility of the Proposer. Proposals must be completed and uploaded or delivered in
sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and
date stamp clock in City of Pearland (City) City Secretary Office is the official clock for
determining whether submittals are submitted timely. Late Proposal documents will not be
accepted under any circumstances.
3.0 PROPRIETARY INFORMATION
3.1 If a Proposer does not desire proprietary information in the Proposal to be disclosed, it is
required to identify all proprietary information in the Proposal. This identification will be
done by individually marking each page with the words "Proprietary Information" on
which such proprietary information is found. If the Proposer fails to identify proprietary
information, it agrees that by submission of its Proposal that those sections shall be deemed
non-proprietary and made available upon public request.
3.2 Proposers are advised that the City, to the extent permitted by law, will protect the
confidentiality of their Proposals. Proposer shall consider the implications of the Texas
Public Information Act, particularly after the RFP process has ceased and the Contract
RFP No. 0622-09
Page 3 of 12
has been awarded. While there are provisions in the Texas Public Information Act to protect
proprietary information, where the Proposer can meet certain evidentiary standards, please
be advised that a determination on whether those standards have been met will not be
decided by the City of Pearland, but by the Office of the Attorney General of the State of
Texas. In the event a request for public information is made, the City will notify the
Proposer, who may then request an opinion from the Attorney General pursuant to 552.305,
Texas Government Code. The City will not make a request of the AttorneyGeneral.
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the Proposals will be used to evaluate the professional
qualifications of the Proposer(s) and to determine the Proposal(s) which will be selected to
provide professional services to the City.
4.2 Responses shall be completed in accordance with the requirements of this RFP. Statements
made by a Proposer shall be without ambiguity, and with adequate elaboration, where
necessary, for clear understanding.
4.3 Proposals shall be limited to a maximum of twenty (20) 8-1/2" X 11" pages (one side
only and including cover letter) using a font size no smaller than 11 point and one -inch
margins.
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Proposer regarding any part of
this RFP shall be requested using ebids@pearlandtx.gov, at least 15 days prior to the
published submission deadline, as referenced in Section 2.0 of this RFP.
5.2 If the City, in its sole discretion, determines that a clarification is required, such clarification
shall be issued in writing. Interpretations, corrections, or changes to the RFP made in any
other manner other than writing are not binding upon the City, and Proposers shall not rely
upon such interpretations, corrections, or changes. Oral explanations or instructions given
before the award of the Contract are not binding.
5.3 Requests for explanations or clarifications may emailed to ebids@pearlandtx.gov
5.4 Any interpretations, corrections or changes to this RFP will be made by addendum. Sole
issuing authority of addenda shall be vested in the City of Pearland Purchasing Division.
Proposers shall acknowledge receipt of all addenda within the responses.
6.0 WITHDRAWAI, OF PROPOSAI,S
A representative of the company may withdraw a Proposal at any time prior to the RFP
submission deadline, upon presentation of acceptable identification as a representative of such
company.
7.0 AWARD OF CONTRACT
7.1 It is understood that the City reserves the right to accept or reject any and all Proposals and
RFP No. 0622-09
Page 4 of 12
to re -solicit for Proposals, as it shall deem to be in the best interests of the City of Pearland.
Receipt and consideration of any Proposals shall under no circumstances obligate the City
of Pearland to accept any Proposals. If an award of contract is made, it shall be made to
the responsible Proposer whose Proposal is determined to be the best evaluated offer
taking into consideration the relative importance of the evaluation factors set forth in the
RFP.
7.2 The City reserves the right to award a single contract or multiple contracts by section
listed in the Scope of Work.
7.3 Tentative Schedule of Events
RFP Release Date
Pre -Proposal Conference
Deadline for Questions
Proposals Due Date
Evaluation /Interviews
Mayor Council Consideration
8.0 PERIOD OF ACCEPTANCE
Wednesday, June 22, 2022
Tuesday, July 5, 2022, 2:00 PM (CST)
Friday, July 8, 2022; 5:00 PM (CST)
Thursday, July 21, 2022; 2:00 PM (CST)
July- August 2022
August 2022
Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted
in whole or part by the City, constitutes a valid and binding contract as to any and all items accepted
in writing by the City. The period of acceptance of proposals is one hundred and eighty
(180) calendar days from the date of opening unless the Proposer notes a different period.
9.0 TAX EXEMPTION
The City of Pearland is exempt from Federal Excise and State Sale Tax; therefore, tax must not
be included in any contract that may be awarded from this RFP.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFP, or any oral
presentation required to supplement and/or clarify a Proposals which may be required by the City
shall be the sole responsibility of and shall be borne by the participating Proposers.
11.0 NEGOTIATIONS
The City reserves the right to negotiate all elements that comprise the successful Vendor's
response to ensure that the best possible consideration be afforded to all concerned.
12.0 CONTRACT INCORPORATION
The contract documents shall include the RFP, the Response to the RFP, and such other terms and
conditions as the parties may agree.
13.0 NON -ENDORSEMENT
If a Proposal is accepted, the successful Offerors, hereinafter "Vendor," shall not issue any news
releases or other statements pertaining to the award or servicing of the agreement that state or imply
the City of Pearland's endorsement of the successful Proposer'sservices.
RFP No. 0622-09
Page 5 of 12
14.0 UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, Proposers' contact regarding this RFP with members of the RFP
evaluation, interview or selection panels, employees of the City or officials of the City other than
the Purchasing Officer, or as otherwise indicated is prohibited and may result in disqualification from
this procurement process. No officer, employee, agent, or representative of the Proposers shall
have any contact or discussion, verbal or written, with any members of the City Council, members
of the RFP evaluation, interview, or selection panels, City staff or City's Vendors, or directly or
indirectly through others, seek to influence any City Council member, City staff, or City's Vendors
regarding any matters pertaining to this solicitation, except as herein provided. If a representative
of any Proposers violates the foregoing prohibition by contacting any of the above listed parties with
whom contact is not authorized, such contact may result in the Proposers being disqualified from
the procurement process. Any oral communications are considered unofficial and non -binding
with regard to this RFP.
15.0 PROPOSAL EVALUATION PROCESS
15.1 An evaluation committee will evaluate the responses to this Request for Proposals, may
interview one or more firms, and may recommend one or more firms to the. Selection of a
firm may be made without discussion with Proposers after offers are received. Proposals
should, therefore, be submitted on the most favorable terms.
15.2 The City's evaluation panel will review all responsive submittals and select the best
evaluated offers for further interview.
15.3 The City anticipates selecting Proposer(s) that will be recommended for award of a contract
to provide the requested professional services to the City of Pearland.
15.4 The City reserves the right to reject any or all proposals.
16.0 PROPOSAL, EVALUATION FACTORS
35% Pricing/Best Value to the City
30% Qualifications
20% Experience List
15% Compliance to Proposal requirements.
17.0 GENERAL PROVISIONS
The Vendor may not assign its rights or duties under an award without the prior written consent of
the City of Pearland. Such consent shall not relieve the assignor of liability in the event of default
by its assignee.
18.0 ERRORS OR OMISSIONS
The Vendor will not be allowed to take advantage of any errors or omissions in this RFP. Where
errors or omissions appear in this RFP, the Vendor shall promptly notify the City of Pearland
Purchasing Division in writing of such error or omission it discovers. Any significant errors,
omissions or inconsistencies in this RFP are to be reported no later than 7 (7) days before time for
the RFP response is to be submitted.
RFP No. 0622-09
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19.0 TERMINATION
19.1 If this award results in a contract, it shall remain in effect until contract expires, delivery
and acceptance of products and/or performance of services ordered or terminated by the
City with a thirty (30) day written notice prior to cancellation. In the event of termination,
the City of Pearland reserves the right to award a contract to next lowest and best Vendor
as it deems to be in the best interest of the City ofPearland.
19.2 Further, the City of Pearland may cancel this contract without expense to the City in the
event that funds have not been appropriated for expenditures under this contract. The City
of Pearland will return any delivered but unpaid goods in normal condition to the Vendor.
20.0 TERMINATION. REMEDIES. AND CANCELLATION
Right to Assurance. Whenever the City has reason to question the Vendor's intent to perform, the
City may demand that the Vendor(s) give written assurance of Vendor's intent to perform. In the
event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat
this failure as an anticipatory repudiation of the contract.
21.0 CHANGE ORDERS
No oral statement of any person shall modify or otherwise change or affect the terms, conditions or
specifications stated in the resulting contract. All change orders to the contract will be made in
writing by the City of Pearland's Department and signed by both parties. Change orders must be
prior approved by the Pearland City Council when the amount exceeds $50,000.00.
22.0 VENUE
The agreement(s) will be governed and construed according to the laws of the State of Texas. The
agreement(s) is (are) performable in Brazoria County, Texas. Venue shall lie exclusively in
Brazoria County, Texas.
23.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with Vernon's Texas Codes
Annotated, Local Government Code Title 5, Subtitled C., Chapter 171.
24.0 INSURANCE
The Vendor shall carry insurance in the types and amounts for the duration of this agreement as
listed in the Professional Services Agreement, Attachment C to this RFP, and furnish certificates of
insurance along with copies of policy declaration pages and policy endorsements as evidence
thereof.
25.0 CONTRACT CONSTRAINTS AND CONDITIONS
25.1 All services shall be provided in accordance with applicable requirements and ordinances of
the City of Pearland, laws of the State of Texas, and applicable federal laws.
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25.2 Contract term shall be one (1) year from date of award. Upon completion of the term of
the original contract, and upon the mutual agreement of both parties, the original
contract may be renewed for two (2) additional one (1) year periods.
26.0 COOPERATIVE PURCHASING
26.1 Should other governmental entities decide to participate in this contract, Proposers, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
26.2 If the successful Proposer agrees to extend the resulting contract to other governmental
entities, the following will apply: Governmental entities within utilizing Contracts with the
City of Pearland will be eligible, but not obligated, to purchase material/services under this
contract(s) awarded as a result of this solicitation. All purchases by governmental entities
other than the City of Pearland will be billed directly to that governmental entity and paid
by that governmental entity. The City of Pearland will not be responsible for another
governmental entity's debts. Each governmental entity will order its own material/services
as needed
27.0 PAYMENT
All payment terms shall be "Net 30 Days" unless otherwise specified in the proposal.
27.1 Service provider shall invoice no more frequently than monthly for services provided.
27.2 Invoices shall be submitted to the City depth latent that ordered and received the services
provided.
28.0 CERTIFICATE OF INTERESTED PARTIES FORM 1295
The successful Proposer is required to complete online and notarize the Certificate of
Interested Parties Form 1295 and the form shall be submitted to the Purchasing contact
listed in the solicitation before the purchase/contact shall be presented to the City Council.
Form to be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
29.0 DEBARMENT CERTIFICATION
By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or
principal of my company has been debarred, suspended, or otherwise made ineligible for participation in
Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in
the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my
company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise
excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees
to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to
purchase from my company if my company or an owner or principal is later listed on the government -wide
exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible
under any statutory or regulatory.
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30.0 NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into
a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization — specifically, any company identified on a list prepared and maintained by the Texas
Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S.
Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran,
or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract
prohibition.)
31.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Contractor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The president
of the company or authorized official shall sign the letter. A letter indicating changes in a company
name or ownership shall be accompanied with supporting legal documentation such as an updated
W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to do so
may adversely impact future invoice payments.
32.0 SCOPE OF SERVICES
See Attachment A
33.0 RESPONSE FORMAT AND ORGANIZATION
Label and Tab each section based on scoring criteria.
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CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity (i.e. The City of Pearland) must disclose in the Questionnaire Form CIQ ("Questionnaire") the
person's affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. Bylaw, the Questionnaire must be filed with the City of Pearland City Secretary
no later than seven days after the date the person begins contract discussions or negotiations with the
City or submits an application or response to a request for proposals or Proposals, correspondence, or
another writing related to a potential agreement with the City. Updated Questionnaires must be filed in
conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is
also available at http://www.ethics.state.tx.us/forms/CIO.pdf.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is subject
to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
OFFICE USE ONLY
Date Received
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code.
An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental entity.
2.
Check this box if you are filing an update to a previously filed
(The law requires that you file an updated completed questionnaire with the appropriate
questionnaire.
filing authority
176.006(a), Local
the originally filed
not later than September 1 of the year for which an activity described in Section
Government Code, is pending and not later than the 7th business day after the date
questionnaire becomes incomplete or inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the
local governmental entity who makes recommendations to a local government officer of
the local governmental entity with respect to expenditure ofmoney.
4. Describe each affiliation or business relationship with a person who is a local government
officer and who appoints or employs a local government officer of the local governmental
entity that is the subject of this questionnaire.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business
relationship. (Complete this section only if the answer to A, B, or C isYES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the
filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable
income from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction
of the local government officer named in this section AND the taxable income is not from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent ormore?
Yes No
D. Describe each affiliation or businessrelationship.
6. Describe any other affiliation or business relationship that might cause a conflict ofinterest.
7.
Signature of person doing business with the governmental entity Date
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