Landscape Hardscape Improvements

Landscape Hardscape Improvement Project

• Contract quantities are estimated and are for the purpose of establishing a contract budget and evaluating bid proposals. It is the City’s intent to utilize all budgeted contract funds, however the quantity of unit work items may vary dependent on the City’s needs.
• Work Locations are State Highway 6 and University Blvd.
• All locations will be marked and verified by City Staff prior to work commencing.
• Measuring device to be used to verify measurements is a Trimble R580 Centimeter System.
• Contractor is responsible for daily clean up of all waste materials.
• No overnight lane closures allowed.
• Contractor is responsible for the restoration of all damaged landscaping or irrigation to original condition.
• A Traffic Control Plan Request Form will need to be submitted to TxDot and approved prior to work commencing.
• Equipment staging area is not provided during the project.
• Contractor is responsible for 811 Locates for work locations.
• Construction details for this project included in the bid packet.
• Full set of Construction Details can be found https://www.sugarlandtx.gov/263/Standards-Permits
• City of Sugar Land Standard Specification Included as an attachment.

Background

The City of Sugar Land is home to 111,026 (Source: US Census Bureau, 2020) residents who celebrate our rich history while helping push us forward to be a City of the future. Sugar Land has always been a trailblazing city, fearlessly forging new paths and surpassing expectations while delivering top-tier services to our residents, employees, and businesses. According to our last Citizen Satisfaction Survey, 95% of residents love calling Sugar Land home and 10% say that nothing would make their lives better than it already is. Sugar Land’s fast-growing population is one of the most highly educated and globally diverse in the region, attracting top talent from the University of Houston’s Sugar Land campus and the greater Houston area. In fact, nearly 60% of residents aged 25 and over have at least a bachelor’s degree and more than 500,000 college graduates lived within 30 minutes of Sugar Land. Sugar Land also boasts one of the most affluent and diverse populations in the State of Texas, with a median household income of $123,261 in 2020 and with an Asian population – including, among others, Chinese, Indian and Pakistani residents– representing over 38% of its residents. Located just 20 minutes from downtown Houston, many of Sugar Land’s attractions are within a short distance from each other, including a world-class baseball park, several museums, and the Smart Financial Centre at Sugar Land, one of the nation’s top ranked entertainment venues. In addition to our world-class destination venues, our residents can enjoy 27 city parks and over 20 miles of hike and bike trails. Sugar Land is consistently voted one of the ‘best suburbs of Houston”, and we think it’s easy to see why.

Project Details

• Reference ID: 2026-ITB-028
• Department: Public Works - Right of Way Maintenance
• Department Head: Herc Meier (Interim Director)

Important Dates

• Questions Due: 2026-06-18T20:00:17.682Z
• Answers Posted By: 2026-06-19T20:00:40.327Z

Evaluation Criteria

• Bid Bond —

  The Bidders must submit a Bid Bond with their Bids in the amount of 5% of the total amount of the Bid, inclusive of any Bid alternates, as a guarantee that the Bidder will enter into the Contract and execute the Performance and Payment Bonds as required after the Contract is approved by the City’s City Council.  Bidders must use the Bid Bond form provided by the City in the Request for Bids.  The Surety must be authorized to write surety bonds in the State of Texas. The City will return the Bid Bonds within 15 days after opening the Bids except those of the three lowest responsible Bidders, the Bids of which will be held until the successful Bidder has executed the Contract and provided an executed Performance Bond and Payment Bond.

• REMEDIES —

  The successful bidder and City of Sugar Land agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

• CONFLICTING PROVISIONS —

  The contract consists only of the city-prepared contract and any additional city or vendor contract documents incorporated by reference as a part of the contract.  If a conflict or inconsistency exists between the city-prepared contract and a document incorporated by reference, the city-prepared contract controls.  If a conflict or inconsistency exists between an additional contract document incorporated by reference, the city’s additional contract document take precedence over the contractor’s additional contract document. 

• Performance Metrics & Key Performance Indicators (KPIs) —

  The City of Sugar Land is interested in identifying metrics/key performance indicators (KPIs) to work collaboratively with the awarded vendor(s) to monitor and improve performance during the life of the contract.  The City of Sugar Land has identified initial metrics/KPIs of interest and looks forward to working with the awarded vendor to add or refine this list during contract negotiations.  The final set of metrics/KPIs and frequency of collection will be negotiated by the successful proposer and the City of Sugar Land prior to the finalization of an agreement between parties and may be adjusted over time as needed. 

• Bond Requirements —

  The Bidders must submit a Bid Bond with their Bids in the amount of 5% of the total amount of the Bid, inclusive of any Bid alternates, as a guarantee that the Bidder will enter into the Contract and execute the Performance and Payment Bonds as required after the Contract is approved by the City’s City Council.  Bidders must use the Bid Bond form provided by the City in the Request for Bids.  The Surety must be authorized to write surety bonds in the State of Texas. The City will return the Bid Bonds within 15 days after opening the Bids except those of the three lowest responsible Bidders, the Bids of which will be held until the successful Bidder has executed the Contract and provided an executed Performance Bond and Payment Bond.

• INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT —

  With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows:

  1. The City of Sugar Land shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement 
  2. A waiver of subrogation in favor of The City of Sugar Land shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement.
  3. All insurance policies shall be endorsed to the effect that The City of Sugar Land will receive at least thirty (30) days' written notice prior to cancellation or non-renewal of the insurance.
  4. All insurance policies, which name The City of Sugar Land as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance.
  5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance.  Separate endorsements must be provided for each of the above.
  6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Sugar Land of any material change in the insurance coverage.
  7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
  8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
  9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Sugar Land.
  10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
  11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2016/03) Coverage must be written on an occurrence form. 
  12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract.  Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein.
  13. Upon request, Contractor shall furnish The City of Sugar Land with certified copies of all insurance policies.
  14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Sugar Land within ten (10) business days after contract award and prior to starting any work by the successful contractor’s insurance agent of record or insurance company.  Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Sugar Land, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Sugar Land.  The certificate of insurance and endorsements shall be sent to:    

  City of Sugar Land                                        Emailed to:  purchasing@sugarlandtx.gov   
  Purchasing Office                                          Faxed to:  281 275-2741   
  P. O. Box 110   
  Sugar Land, TX 77487-0110

• 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 on the basis of this statement.

• DOCUMENTATION —

  Bidder shall provide with this bid response all documentation required by this ITB.  Failure to provide this information may result in rejection of bid.

• DESCRIPTIONS —

  Specifications may reference any catalog, brand name or manufacturers’ model numbers.  It is the intent of the City of Sugar Land to be DESCRIPTIVE - NOT RESTRICTIVE and to establish a desired quality level of merchandise or to meet a pre-established standard of quality.  Bidders may offer items of equal quality and the burden of proof of such quality rests with them.

• SCOPE OF WORK —
  • Contract quantities are estimated and are for the purpose of establishing a contract budget and evaluating bid proposals. It is the City’s intent to utilize all budgeted contract funds, however the quantity of unit work items may vary dependent on the City’s needs.
  • Work Locations are State Highway 6 and University Blvd.
  • All locations will be marked and verified by City Staff prior to work commencing.
  • Measuring device to be used to verify measurements is a Trimble R580 Centimeter System.
  • Contractor is responsible for daily clean up of all waste materials.
  • No overnight lane closures allowed.
  • Contractor is responsible for the restoration of all damaged landscaping or irrigation to original condition.
  • A Traffic Control Plan Request Form will need to be submitted to TxDOT and approved prior to work commencing.
  • Equipment staging area is not provided during the project.
  • Contractor is responsible for 811 Locates for work locations.
  • Construction details for this project included in the bid packet.
  • Full set of Construction Details can be found https://www.sugarlandtx.gov/263/Standards-Permits
  • City of Sugar Land Standard Specification Included as an attachment.
  • Substantial Completion 180 calendar days from date specified in Notice to Proceed.
    Final Completion: 30 days from Substantial Completion
  • Failure to meet Substantial Completion $250.00 per Calendar Day.
  • Failure to  Complete punch list items by time for Final Completion $50.00 per Calendar Day.
• Worker's Compensation —

  Statutory limits, State of TX. 

• Performance Bond —

  A performance bond in the amount of one hundred (100) percent of the largest total for the bid submitted is required.

• CONFLICT OF INTEREST —

  No public official shall have interest in this contract accept in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

• Metric/KPI Chart Upload
• Performance Bond —

  A performance bond in the amount of one hundred (100) percent of the largest total for the bid submitted is required.

• PAYMENT PROVISIONS —

  The City’s payments under the Contract, including the time of payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

• Employers' Liability —

  $500,000 per employee per disease / $500,000 per employee per accident / $500,000 by disease aggregate

• Payment Bond —

  A payment bond in the amount of one hundred (100) percent of the largest total for the bid submitted is required.

• Payment Bond —

  A payment bond in the amount of one hundred (100) percent of the largest total for the bid submitted is required.

• PRICING —

  Bidders are instructed to bid the unit price on the item(s) specified, and then price options where indicated on tabulation sheet and to extend and show the total where applicable.  In case of errors in extension, UNIT prices shall govern.  Prices for all goods and/or services shall be firm for the one-year period and shall be stated on the tabulation sheet.  Prices shall be all inclusive.  No price changes, additions or subsequent qualifications will be honored during the course of the contract unless approved by both parties.  Additional charges not shown on the bid will not be honored.  All prices must be in ink.

• MULTIYEAR CONTRACTS —

  If the City’s city council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year.  (Section 5, Article XI, Texas Constitution).

• CONFIDENTIALITY —

  Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid.  (Chapter 552, Texas Government Code).

• SCHEDULE OF KEY EVENTS —

  ITB Advertised in Local Paper:	June 10, 2026
  ITB Posted to OpenGov Procurement:	June 10, 2026
  Questions Deadline:	June 18, 2026, 3:00pm
  Questions Answered and Addendum posted:	June 19, 2026, 3:00pm
  Bids Due:	June 25, 2026, 11:00am 1st Floor Receptionist Desk, City of Sugar Land City Hall, 2700 Town Center Boulevard North, Sugar Land, TX 77479

• LIABILITY AND INDEMNITY —

  Any provision of the Contract is void and unenforceable if it: (1) limits or releases either party from liability that would exist by law in the absence of the provision; (2) creates liability for either party that would not exist by law in the absence of the provision; or (3) waives or limits either party’s rights, defenses, remedies, or immunities that would exist by law in the absence of the provision. (Section 5, Article XI, Texas Constitution).

• FIRM PRICING —

  Pricing and discounts submitted are firm for the initial one-year period specified in the solicitation. Price decreases are allowed at any time. Price increases shall only be considered as stipulated below in paragraph, “PRICE ADJUSTMENTS”.

• Commercial General Liability —

  	Very High/High Risk
  Each Occurrence	$1,000,000
  Fire Damage	$300,000
  Personal & ADV Injury	$1,000,000
  General Aggregate	$2,000,000
  Products/Compl Op	$2,000,000
  XCU	$2,000,000

• ETHICS —

  The Respondent shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of Sugar Land. More than one bid on any one contract from a Respondent or individual under different names shall be grounds for rejection of all bids in which the Respondent or individual has an interest. One or all bids will be rejected if there is any reason to believe that collusion exists between Respondents.

  Respondents must make every effort to comply Chapter 176 of the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Sugar Land, including affiliations and business and financial relationships such persons may have with City of Sugar Land officers.

  By doing business or seeking to do business with the City of Sugar Land, including submitting a response to this Invitation to Bid, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you are in compliance with them.

  Conflict of Interest questionnaire found on the last page of this document must be filled out and turned in with each bid.

• Commercial General Liability —

  	Medium Risk
  Each Occurrence	$500,000
  Fire Damage	$100,000
  Personal & ADV Injury	$1,000,000
  General Aggregate	$1,000,000
  Products/Compl Op	$500,000
  XCU	$500,000

• DISCLOSURE OF INTERESTED PERSONS FOR COUNCIL – APPROVED CONTRACTS —

  Under Section 2252.908 of the Tex Gov’t Code - The Commission has approved a Certificate of Interested Persons form, which must be filled out, signed, notarized and submitted to the City at the time of execution of the Contract/Agreement, along with the certification of filing generated from the Commission’s website. The Certificate of Interested Persons form is available on the Commission’s website at https://www.ethics.state.tx.us/filinginfo/1295/ and the successful Bidder must follow the Commission’s filing process adopted pursuant to the statute. The successful contractor’s notarized Certificate of Interested Persons and certification of filing will be attached to the Contract/ Agreement.

• CONFIDENTIALITY —

  Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid.  (Chapter 552, Texas Government Code).

• PRICE ADJUSTMENTS —

  During the term of the awarded contract, the contract price may be adjusted as follows.  Provided, however, the Index-Based Adjustments provision is the default adjustment provision.  The adjustment provisions are not cumulative.  The price adjustments below are subject to the change order limitations in Loc. Gov. Code § 252.048, as well as to the availability of appropriated funds.

  1. Index-Based Adjustments:  Prices must be firm for a period of one year from date of contract award. Any request for price adjustment not based on a change in tariffs must be based on the Houston CPI. The price will be increased or decreased based upon the annual percentage change in the Houston CPI. The maximum escalation will not exceed +/- 2.5% for any individual year.  The escalation will be determined annually at the renewal date.  The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration.
     1. Vendors are required to immediately implement any price decrease or discount increase that may become available. The City of Sugar Land must be notified in writing for updating the contract.
     2. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request.
     3. Upon receipt of such request, the City of Sugar Land reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Sugar Land written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Sugar Land approval and/or cancellation.
     4. If there has been an approved Cost-Based Adjustment due to Tariffs within six (6) months of the renewal date, escalation based on CPI will be unavailable for the renewal term.
     5. Any price escalation based on CPI will result in a corresponding increase to the Baseline Price(s) (“Adjusted Baseline Price(s)”).
  2. Cost-Based Adjustments due to Tariffs:  It is understood and recognized that certain markets providing essential materials for the water parts are experiencing or are expected to experience significant, industry-wide economic fluctuation during the performance of the awarded contract that may impact price, availability, and delivery time frames (“Potentially Time and Price-Impacted Material(s)”).  These fluctuations are due changes in tariffs established by the federal government, which may result in increases or decreases outside the range of the Houston CPI.  It is intended that the awarded contract will provide for a fair allocation of the risk of such market conditions between the City and the successful bidder, which will apply only to the Potentially Time and Price-Impacted Materials(s) which are noted as such on the Pricing Form made part of this ITB.
     1. Baseline Price.  The Unit Prices on the submitted Pricing Form will be considered the market prices as of the date of the awarded contract (“Baseline Price(s)”). 
     2. Adjustment in Baseline Price.  If during the term of the awarded contract a Potentially Time and Price-Impacted Material item experiences an increase or decrease in its Baseline Price, either party may notify the other in writing within thirty (30) days from the date the basis for an equitable adjustment to the contract price arises and will provide appropriate documentation substantiating such requested adjustment. An adjustment in the pricing for a Potentially Time and Price-Impacted Material: (1) will not include any amount for overhead and profit; and (2) will factor in Adjusted Baseline Price(s).
        1. In the event of a decrease in the Baseline Price, the contract price will be equitably adjusted to reflect such decrease, but only for those Potentially Time and Price-Impacted Materials delivered on or after the date on which written notice of the adjustment in Baseline price is given.
        2. In the event of an increase in the Baseline Price, the contract price will be equitably adjusted to reflect such increase, but only for those Potentially Time and Price-Impacted Materials delivered on or after the date on which written notice of the adjustment in Baseline price is given.
        3. No adjustment will be made for any quantities of Potentially Time and Price-Impacted Materials scheduled for delivery under the terms of the awarded contract prior to the date on which written notice of the adjustment in Baseline Price is given, unless the failure to deliver such quantities before that date is beyond the control of and without the fault of the successful bidder, its subcontractors, and material suppliers.
• Commercial General Liability —

  	Low Risk
  Each Occurrence	$300,000
  Fire Damage	$100,000
  Personal & ADV Injury	$600,000
  General Aggregate	$600,000
  Products/Compl Op	$300,000
  XCU	$300,000

• TEXAS GOVERNMENT CODE REQUIRED VERIFICATIONS —
  1. Pursuant to Section 2271.001 Texas Government Code, bidders must sign and submit a verification stating the company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
     1. Does not boycott Israel currently; and 
     2. Will not boycott Israel during the term of the contract for goods or services with the Company, business or individual with City of Sugar Land.
        • “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli‐controlled territory, but does not include an action made for ordinary business purposes; and
        • “Company” means a for‐profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority‐owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
  2. Pursuant to Section 2257.002, Texas Government Code:
     Bidders must certify under the provisions of Subtitle F, Title 10, Government Code Chapter 2274:
     1. Has ten (10) or more full-time employees;
     2. Will be paid an amount equal to or greater than $100,000.00 from City of Sugar Land funds, under the contract to which this verification applies;
     3. Does not boycott energy companies currently; and
     4. Will not boycott energy companies during the term of the contract for goods or services with the above‐named Company, business, or individual with City of Sugar Land.
        • "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:
          1. engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or
          2. does business with a company described by Paragraph (A).
        • "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
  3. Bidders must certify under the provisions of Subtitle F, Title 10, Government Code Chapter 2274:
     1. Has ten (10) or more full-time employees;
     2. Will be paid an amount equal to or greater than $100,000.00 from City of Sugar Land funds, under the contract to which this verification applies;
     3. Does not currently have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
     4. Will not discriminate against a firearm entity or firearm trade association during the term of the contract for goods or services with the above‐named Company, business, or individual with City of Sugar Land.

  Pursuant to Section 2274.001, Texas Government Code:

  1. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit.  The term does not include a sole proprietorship.
  2. “Discriminate against a firearm entity or firearm trade association”
     1. means, with respect to the entity or association, to:
        1. refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;
        2. refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or
        3. terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and
     2. does not include:
        1. the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and 
        2. a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship:
           1. to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or
           2. for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association.
  3. “Firearm entity” means:
     1. a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and
     2. a sport shooting range as defined by Section 250.001, Local Government Code.
  4. “Firearm trade association” means any person, corporation, unincorporated association, federation, business league, or business organization that:
     1. is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual;
     2. has two or more firearm entities as members; and
     3. is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code.
• SALES TAX —

  City of Sugar Land is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.  Do not include tax in bid.

• TAX EXEMPTION —

  The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code).  Accordingly, those taxes may not be added to any item.  The city’s Tax Exemption Certificate will be furnished by the city on request of the contractor.  

• ADDENDA —

  Any interpretations, corrections or changes to this Invitation To Bid and Specifications will be made by addenda.  Sole issuing authority of addenda shall be vested in the City of Sugar Land Purchasing Office.  Addenda will be posted for all who are known to have received a copy of this Invitation To Bid.  Bidders shall acknowledge receipt of all addenda on the Bidders Certification/Addenda Acknowledgement form found in this document.

• Automobile Liability: (Owned, Non-Owned, Hired and Injury & Property coverage for all) —

  Very High/ High Risk

  Combined Single Limits

  $1,000,000 Bodily

• CONTRACTUAL LIMITATIONS PERIOD —

  Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void.  (Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code).

• CONTRACT —

  City of Sugar Land shall generate a Contract number to the successful bidder.  The contract number must appear on all invoices, packing lists and all related correspondence.  City of Sugar Land will not be responsible for any orders placed and/or delivered without a valid Contract number.

• DELIVERY —

  Any delivery and freight charges (FOB City of Sugar Land designated location) are to be included in the bid price.

• LATE BIDS —

  Bids received in the City after the submission deadline will be considered void and unacceptable.  City of Sugar Land is not responsible for lateness or non-delivery of mail, carrier, etc.  The date/time stamp in the City Secretary’s office shall be the official time of receipt.

• Automobile Liability: (Owned, Non-Owned, Hired and Injury & Property coverage for all) —

  Medium Risk

  Combined Single Limits

  $500,000 Bodily

• GOVERNING LAW AND VENUE —

  Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Fort Bend County, Texas.

• PACKING SLIPS —

  or other suitable shipping documents shall accompany each shipment and shall show:

  1. Vendor company name and address;
  2. Name and address of the City of Sugar Land department the shipment is being made to;
  3. City of Sugar Land purchase order number;
  4. Descriptive information as to the items delivered, including quantity and part numbers.
• ALTERING BIDS —

  Bids cannot be altered or amended after submission deadline.  Any alterations or erasures made before opening time and must be initialed by the signer of the bid, guaranteeing authenticity.

• Automobile Liability: (Owned, Non-Owned, Hired and Injury & Property coverage for all) —

  Low Risk

  Combined Single Limits

  $300,000 Bodily

• INVOICES —

  Invoices submitted for payment shall be addressed to:

  City of Sugar Land
  Accounts Payable
  P.O. Box 110
  Sugar Land, TX 77487

  and shall reference the City of Sugar Land approved purchase order number.  Periodic payments will be made within 30 days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled.

• Garage Liability for BI & PD —

  $1,000,000 each accident for Auto, $1,000,000 each accident Non-Auto

  $2,000,000 General Aggregate 

• WITHDRAWAL OF BIDS —

  Any bid may be withdrawn prior to the scheduling time for opening.  Notice to withdraw the bid must be in writing and submitted to the City prior to the scheduled time for opening bids.  Any bid withdrawal notice received after the deadline for receiving bids shall not be considered.

• Garage Keepers Coverage (for Auto Body & Repair Shops) —

  $500,000 any one unit/any loss and $200,000 for contents

• REJECTION OF BIDS —

  The City Council may choose to reject all bids and not award any contract.

• QUALITY CONTROL —

  Goods supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice.  Items found defective or not meeting specifications shall be replaced at the supplier’s expense within a reasonable period of time. 

  Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made.

• Umbrella each-occurrence with respect to primary Commercial General Liability, Automobile Liability, and Employers Liability policies at minimum limits as follows: —

  Contract value less than $1,000,000: not required

  Contract value between $1,000,000 and $5,000,000: $4,000,000 is required

  Contract value between $5,000,000 and $10,000,000: $9,000,000 is required

  Contract value between $10,000,000 and $15,000,000: $15,000,000 is required

  Contract value above $15,000,000: $20,000,000 is required

  Excess coverage over $10,000,000 can be provided on “following form” type to the underlying coverages to the extent of liability coverage as determined by the City.

• BID AWARD —

  The City shall award “all or part” of a contract to the lowest responsive and responsible bidder (s) providing the best value to the City meeting or exceeding the terms, conditions and specifications of the bid. The City has the right to award a contract upon the conditions, terms and specifications contained in a bid submitted to the City for a period of up to ninety (90) days following the date specified for the opening of bids.

  In determining the lowest responsive and responsible bidder, the City may consider:

  1. Whether the bidder has adequate financial resources to comply with the contract awarded;
  2. Whether the bidder has a satisfactory record of performance with the City or other entities;
  3. Any other factors that could be material to the bidders ability to comply with the contract.
• WARRANTY —

  Successful bidder shall warrant that all items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title.

• PATENTS / COPYRIGHTS —

  The successful bidder agrees to protect City of Sugar Land from claims involving infringements of patents and/or copyrights.

• Professional Liability —

  Including, but not limited to services for Accountant, Appraiser, Architecture, Consultant, Engineering, Insurance Broker, Legal, Medical, Surveying, construction/renovation contracts for engineers, architects, constructions managers, including design/build Contractors.
  Minimum limits of $1,000,000 per claim/aggregate
  This coverage must be maintained for at least two (2) years after the project is completed.

• TERMINATION OF CONTRACT —

  The City of Sugar Land reserves the right to terminate the contract immediately in the event the successful bidder:

  1. Fails to meet delivery schedules;
  2. Defaults in the payment of any fees;
  3. Otherwise fails to perform in accordance with this contract;
  4. Becomes insolvent and/or files for protection under bankruptcy laws.
  5. Thirty-day written notice by either party.

  Such termination is in addition to and not in lieu of any other remedies that City of Sugar Land may have in law or equity.  Bidder, in submitting this bid, agrees that City of Sugar Land shall not be liable to prosecution for damages in the event that the City declares the bidder in default.

• Builder’s Risk (if project entails vertical construction, including but not limited to bridges and tunnels or as determined by the City of Sugar Land) —

  Limit is 100% of insurable value, replacement cost basis

• NOTICE —

  Any notice provided by this bid or required by law to be given to the successful bidder by City of Sugar Land shall be deemed to have been given and received on the next business day after such written notice has been deposited in the U. S. mail in Sugar Land, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided; provided this shall not prevent the giving of actual notice in any other manner.

• Pollution Liability —

  For property damage, bodily injury and clean up (if project entails possible contamination of air, soil or ground or as determined by the City of Sugar Land) 

• ASSIGNMENT —

  The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of City of Sugar Land.

• Other Insurance Required —

  TBD

• INTERLOCAL AGREEMENT —

  Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint Purchasing Inter-Local Cooperation Agreements with the City of Sugar Land.

Submission Requirements

• Bid Proposal (required)
• Disclosure —

  The disclosure section of this ITB must be addressed specifically in Respondent’s response, even if no conflicts exist. Failure to submit disclosure statement will eliminate Respondent from further consideration of the ITB.

• Any Respondent to this ITB shall disclose all potential conflicts of interest or representation of any firm that could be involved in the proposed project. (required) —

  By selecting "Please confirm" below, Respondent agrees to disclose all potential conflicts of interest/representation of any firm that could be involved in the proposed project.

• Required Forms —

  The following forms must be filled out and turned in with bid in order for submitting contractor to be considered responsive.  Failure to include the following forms, signed and dated, will result in the bid being rejected. 
  
  

  1. Bidder Certification and Addenda Acknowledgment
  2. Bidder Information
  3. Pricing Form
  4. Bid Bond
  5. Bidder Customer/Client References
  6. Conflict of Interest Questionnaire (CIQ Form)
  7. Certification Regarding Debarment
  8. House Bill 89 Verification Form
  9. Senate Bill 13 Verification Form
  10. Senate Bill 19 Verification Form
• Response Documents (required) —

  Please download the below documents, complete, and upload.

• Sample - Contract for General Services —

  Please download the below documents, complete, and upload.

• Sample General Services Contract —

  Please download the below documents, complete, and upload.

• Acknowledgement of City of Sugar Land - General Services Contract (Sample) —

  By selecting "Please confirm", Respondent acknowledges that they have read and understand the General Services Contract (Sample) attached to this solicitation.

• Acknowledgement of City of Sugar Land - Insurance Requirements —

  By selecting "Please confirm", Respondent acknowledges they have read and understand the Insurance Requirements of these specifications and will comply in full if awarded this contract.

• Bid Bond (required) —

  Please download the below documents, complete, and upload.

• Performance Bond (required) —

  Please download the below documents, complete, and upload.

• Payment Bond (required) —

  Please download the below documents, complete, and upload.

• Which style of ITB is this project going to be? (required) —
  • Select Option 1 if you want Paper response only.
  • Select Option 2 if you want Electronic response only.
  • Select Option 3 if you want to use both Paper and Electronic responses.
• Pricing (required) —
  • Choose Option 1 when you have set line items, for example: 
    • This is a quote for goods or commodities.
    • This is a public works bid, with a pricing table that can be uploaded into OpenGov Procurement from an Excel spreadsheet.
    • Seeking services for hourly rate schedules.
  • Choose Option 2 when you need vendors to provide you with the line items.
• Are Bonds applicable for this project? (Electronic/Both Response) (required)
• Are Bonds applicable to this project? (Paper Response) (required)
• Are Key Performance Indicators (KPIs) being used for this solicitation? (required) —
  • What is a Key Performance Indicator (KPI)? A KPI (a subset of metrics) provide a quantifiable measure of performance over time for a specific objective. A KPI will help the vendor to understand what success looks like at the end of the contract. 
  • KPIs in solicitations ensure vendors are accountable, improve efficiency, and align performance with city and/or department goals, leading to better decision-making and cost savings. Implementing KPIs also promotes transparency and strengthens vendor relationships for long-term success. 
  • Including KPIs is strongly recommended. Not sure where to start? You are encouraged to reach out to the Department of Data & Innovation using the department’s service request form. Data & Innovation will work alongside you to integrate KPIs into your procurement processes.
• Which Insurance Requirements apply to your project? (required) —

  Please select all that apply. Purchasing/Risk will review and modify as necessary.

• Enter description of any other insurance requirements that are needed for this solicitation. (required)
• Select the Risk that is required for Commercial General Liability (required)
• Select the Risk that is required for Automobile Liability (required)
• To Provide For: (required)

Questions & Answers