Pearland ISD - RFQ for Geotechnical/Testing Lab – RFQ #17-0216-12 Page 1 of 19
REQUEST FOR QUALIFICATIONS
FOR
GEOTECHNICAL INVESTIGATION and DESIGN RECOMMENDATIONS
CONSTRUCTION MATERIALS TESTING and INSPECTION
MISCELLANEOUS CAPITAL IMPROVEMENTS
2016 BOND PROGRAM
January 25, 2017
Pearland Independent School District
1928 N. Main Street
Pearland, TX 77581
281-485-3203
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REQUEST FOR QUALIFICATIONS
FOR
GEOTECHNICAL INVESTIGATION and DESIGN RECOMMENDATIONS CONSTRUCTION MATERIALS TESTING
AND INSPECTION
MISCELLANEOUS CAPITAL IMPROVEMENTS
2016 BOND PROGRAM
The Pearland Independent School District (PISD) will accept statements of qualifications from qualified
consultants to perform geotechnical investigations and provide design criteria recommendations for building
and structure foundations and paving. Interested firms should also provide statements of qualifications for
providing construction materials testing and inspection services during construction. The services will be
related to projects included in the PISD 2016 Bond Program, details of which are available at
www.pearlandisd.org/Page/9577.
Conditions of Submission
All interested consultants shall agree to comply with all of the requirements, conditions and specifications
contained in this Request for Qualifications (RFQ).
A duly authorized official of the firm submitting the information must sign the submission.
All costs incurred in preparation of the submission shall be wholly born by the interested consultant.
Interested consultants shall submit five (5) copies of qualifications and supporting documentation, along with
an electronic submission via USB “thumb” device which shall become the property of PISD unless requested
otherwise by the consultant at the time of submission.
All inquiries relating to the RFQ shall be addressed via email to:
Connie Hill
Pearland Independent School District
District Administration ESC
1928 N Main Street
Pearland, Texas 77581
All submissions must be received at the PISD Administration Office prior to 2:00pm local time on Wednesday,
February 16, 2017. Submissions must be submitted in sealed envelopes marked:
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Statement of Qualifications for Geotechnical Investigation and Recommendations and Construction Materials
Testing and Inspection Pearland ISD – 2016 Bond Program and addressed to:
Connie Hill
Pearland Independent School District
District Administration ESC
1928 N Main Street
Pearland, Texas 77581
Any submission arriving after the deadline will be returned unopened to the respective firm(s) and will not be
considered.
Recommendations will go to the Board of Directors for approval on March 7, 2017
INSTRUCTIONS TO CONSULTANTS
The Request for Qualifications is available by contacting:
Connie Hill
Pearland Independent School District
District Administration ESC
1928 N Main Street
Pearland, Texas 77581
The Pearland ISD is exempt from city, state and federal sales and excise taxes. Certificates will be issued upon
request.
Each consultant must sign the submission with their usual signature and should give their full business
address. Submissions by a partnership shall be signed with the partnership name by one of the members or
by an authorized representative. Submissions by corporations shall be signed with the name of the
corporation followed by the signature and designation of the president, secretary, or other person authorized
to bind it into the matter.
PISD reserves the right to waive technicalities in the submission as well as to accept in whole or in part such
submission where deemed advisable in protection of the best interest of PISD. PISD reserves the right to
retain all statements submitted. Submission of a statement of qualifications indicates acceptance by the
consultant of the conditions contained in the RFQ unless clearly and specifically noted in the submission and
confirmed in the agreement between the PISD and the selected consultant.
No portion of the services provided may be subcontracted without the prior written approval by PISD. All
proposed sub-consultants, such as contract drillers, shall be clearly indicated in the submission.
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Statements of qualifications submitted electronically are not acceptable. Firms are expected to allow
adequate time for delivery of their submission.
The consultant will be expected to sign an agreement for services mutually acceptable to the consultant and
PISD.
PISD reserves the right to reject any and all submittals or parts thereof. PISD reserves a right to inspect the
consultant’s facilities prior to the award of a contract for these services. PISD reserves the right to negotiate
optional items within this scope of work. PISD reserves the right to select multiple firms for the performance
of the work indicated.
AUTHORITY AND DUTIES OF CONSULTANT
PISD will provide right of entry to the site for the subsurface investigation. The Geotechnical Engineer
is to contact and coordinate with the PISD Bond Program Manager (PM) and the Architect for
subsurface investigation work.
The number, location, and depths of the borings (for areas of building and paving) are to be
determined by the project’s Architect/Civil/Structural Engineer(s) in conjunction with the PM. If the
Geotechnical Engineer recommends a modification to these borings, or any further testing is required
for a professional interpretation of subsoil conditions, the PM shall be notified. No additional services
will be performed without written approval by PISD.
Drilling and sampling shall be performed in accordance with current applicable ASTM and other
standards.
The Geotechnical Engineer shall contact PISD and all utility companies regarding buried construction
and utility lines. The Geotechnical Engineer shall restore the site to its pre-existing condition including
the permanent plugging of borings, (in both soil and paved areas), and restoration of lawns and
landscaping from boring and equipment tracking.
INVESTIGATION REPORTS
All data shall be recorded according to ASTM standards, including soil classification standard D2488.
The report shall include:
a. Plot plan showing location of test borings
b. Vertical sections for each boring, strata data, elevation, description of soil and thickness of
strata, ground water elevation and time readings were made (with additional elevation reading
made 24 hours later).
c. Summary description of sampling method(s) used, surface conditions, subsurface conditions,
profile of rock or bearing strata, probable elevations, and laboratory determination of soil
properties.
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Samples shall be retained at the Geotechnical Engineer’s office and remain open to inspection until the
end of the Project’s Construction Bidding Phase.
FOUNDATION AND PAVING ENGINEERING EVALUATION AND RECOMMENDATIONS
The Engineering evaluation shall be performed by a State of Texas Registered Professional Engineer.
The Geotechnical Engineer shall consult with the PM, Architect and Structural Engineer on the design
and engineering requirements for the project, and shall submit a professional evaluation and
recommendations based on the consultation and analysis of the information produced by the subsoil
investigation. The recommendations are to be sealed by the Professional Engineer.
The evaluation and recommendations shall include, but not be limited to:
1. Foundation support of building structures and slabs including soil strata bearing pressures and
elevations, options for foundation design types with potential anticipated movement.
2. Soil types and compaction requirements for building and vehicular paving slabs on grade.
SUBMITTAL OF INVESTIGATION REPORTS
The Geotechnical Engineer shall submit documentation of the draft Report and Evaluations to the PM.
The PM shall review the report for compliance with the contract and project needs. If the data appears to be
incomplete, the PM will provide comments and the report will be updated accordingly. Once the report is
complete, five (5) copies of the updated report will be provided to the PM.
CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES
The selected firm(s) shall provide the necessary personnel and equipment to provide quality control testing
and inspection for the project(s). Services will include both laboratory and field services typical of a project of
this scope and nature. Services may include but may not be limited to sampling of materials, classifications,
testing, and field inspections and reporting.
RESPONSE FORMAT
The RFQ response shall contain the following elements and format as set forth below. Supplemental material
providing additional information may be attached, but the information requested below is to be provided in
this format and sequence. Please provide succinct response to the following questions and limit those
responses to the page allowances set out in each item. The district will require an original and 5 copies along
with an electronic submission via USB “thumb” device. All submittals shall be limited to twenty-five pages, bound
and tabbed according to the sections listed below.
1. Firm Information
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Name of Firm:
Address of Principal Office:
Telephone Number:
Fax Number:
Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other):
Year Founded:
Primary individual to contact w/email address:
2. Organization
a. How many years has your organization been in business in its current capacity?
b. How many years has your organization been in business under its present name? Under what
other former names has your organization operated?
c. If your organization is a corporation, answer the following: Date of incorporation, State of
incorporation, President’s name, Vice-President’s name(s), Secretary’s name, and Treasurer’s
name.
d. If your organization is a partnership, answer the following: Date of organization, type of
partnership, if applicable, names of general partner(s).
e. If your organization is individually owned, answer the following: Date of organization, name of
owner.
f. If the form of your organization is other than those listed above, describe it and name the
principals.
3. Licensing
a. List jurisdictions and trade categories in which your organization is legally qualified to do
business and indicate registration or license numbers, if applicable.
b. List jurisdictions in which your organization’s partnership or trade name is filed.
4. Experience
a. List the categories of work that your organization normally performs with its own forces.
Would you propose to perform any of the work through subcontractors?
b. Claims and suits (If the answer to any of the questions below is yes, please attach details.)
i. Has your organization ever failed to complete any work awarded to it?
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ii. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against your organization or its officers?
iii. Has your organization filed any lawsuits or requested arbitration with regard to
contracts within the last five years?
c. Within the last five years, has any officer or principal of your organization ever been an officer
or principal of another organization when it failed to complete a contract? (If the answer is yes,
please attach details.)
d. Current work:
List the major projects your organization has in progress, giving the name and location
of each project, owner, architect and construction contract amount or estimate. Provide
contact names, telephone numbers and email addresses for both owner and architect.
e. Work over the last five years:
List major projects (particularly educational facilities) your organization has provided
services for over the last five years. For each project, provide the name, nature of the
project, size (SF), location, owner and architect. Provide contact names, telephone
numbers and email addresses for both owner and architect of each project.
f. Key Personnel
A complete list of key personnel with the firm and also consultants proposed for the
project. The following information listed below shall be provided.
i. The individual’s background, education, registration(s), and experience
including the number of years of experience, title or function, relevant
projects, and approximate dates of projects sited.
ii. The role the individual will assume in this project.
5. Financial Information:
a. At a later date, organizations selected for further consideration may be required to provide
separately one copy of their most recent audited financial statement. This shall include the
organization’s latest balance sheet and income statement. The name and address of firm
preparing attached financial statement and date thereof shall also be provided.
Your financial statement and supporting information will be treated with confidentiality and
returned following selection process.
6. Insurance
a. Provide name, address, and phone number for the proposer’s principal insurance company.
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b. Provide a copy of your most recent insurance coverage showing the following items:
Professional Liabilities Limits General Liabilities Limits
7. Contract
a. Provide a copy of your contract without fees for PISD’s review.
8. Forms
a. Felony Conviction
b. Conflict of Interest
EVALUATION PROCEDURES AND CRITERIA
1. Evaluation Procedure
All submissions will be evaluated by PISD on the basis of the criteria listed below. After an
evaluation of the written submissions PISD will ranked the firms and select a consultant(s) for
negotiation of a contract.
2. Evaluation Criteria
a. The offeror's experience and reputation
b. The content, completeness, adherence to format, and appropriateness of the response.
c. Experience with projects of a comparable nature.
d. Whether the offeror's financial capability is appropriate to the size and scope of the project(s)
e. The capabilities and experience of the personnel who will be assigned to the project.
f. The offeror’s prior history in executing Geotechnical Investigation and Materials testing for
Pearland ISD
g. The extent to which the services meet the District’s needs.
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Geotechnical Investigation and Design
Recommendations for Construction Materials,
Testing and Inspection
Pearland Independent School District
Proposal Date/Time: 2:00 PM/February 16, 2017
OFFERORS
Weight
1. The Offeror’s experience & reputation
10 / 10
2. The content, completeness, adherence to format, and appropriateness of the response
10 / 10
3. Experience with projects of a comparable scope and size
30 / 30
4. Whether the offeror's financial capability is appropriate to the size and scope of the project(s)
10 / 10
5. The capabilities and experience of the personnel who will be assigned to the project
20 / 20
6. The offeror’s prior history in executing Geotechnical Investigation and Materials testing for Pearland ISD
10 / 10
7. The extent to which the services meet the District’s needs
10 / 10
TOTALS 100
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OTHER INFORMATION:
“Waiver by Responding Geotechnical/Testing Labs (“Respondent” or “Respondents”): BY SUBMITTING A
STATEMENT OF QUALIFICATIONS AND/OR A PROPOSAL (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS
“RESPONSE”), THE RESPONDENT AGREES TO AND DOES HEREBY WAIVE ANY AND ALL CLAIMS IT HAS OR
MAY HAVE AGAINST THE PEARLAND INDEPENDENT SCHOOL DISTRICT, AND ITS TRUSTEES, EMPLOYEES, OR
AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, OR
RECOMMENDATION OF ANY RESPONSE; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, THE RFQ, OR
RELATED DOCUMENTS; (3) THE REJECTION OF ANY RESPONSE OR ANY PART OF ANY RESPONSE; (4) WAIVER
BY THE PEARLAND INDEPENDENT SCHOOL DISTRICT OF ANY TECHNICALITIES IN THE RFQ PACKAGE OR ANY
RESPONSE; (5) WAIVER OR CHANGE IN ANY NON-MATERIAL PROVISION OF THE RFQ SOLICITATION
PACKAGE OR MATERIALS THAT DO NOT ADVERSELY AND SPECIFICALLY AFFECT THE PREVIOUSLY
SUBMITTED RESPONSES; AND/OR (6) THE AWARD OF A CONTRACT, IF ANY.”
The District reserves the right to reject any or all responses, to waive any irregularities and/or technicalities in
responses received, or award a part but not all of the work involved in the Project(s). The District, in its sole
discretion, will determine whether any or all of the responses are responsive and reserves the right to make a
determination as to whether any one or more Respondents are qualified.
The submission of a response to this RFQ is an offer by the Respondent to contract only and does not
constitute a contract. There will be no contractual obligations on the part of the District to any Respondent,
nor will any Respondent have any property interest or other right in a contract unless and until all terms of the
contract have been agreed upon by the District, including, without limitation, the cost for the services; all
provisions of the contract have been negotiated to the satisfaction of the District; the contract is
unconditionally signed by the District and the selected Geotechnical/Testing Lab; the contract is delivered by
all parties; and all conditions to be fulfilled by the Respondent prior to contracting have either been so fulfilled
by the Respondent or waived in writing by the District.
Restricted and Prohibited Communications:
During the period between the date the District issues this RFQ and the selection of the Geotechnical/Testing
Lab who is awarded a contract by the District, if any, Respondents shall restrict all contact with the District and
direct all questions regarding this RFQ, the Geotechnical/Testing Lab’s response, the interviews, the
solicitation process, or any other matter regarding the solicitation, including questions regarding terms and
conditions, only to the District's Director of Purchasing specified above or to PBK Architects, Inc./Stantec
Architecture Do not contact members of the Board of Trustees or other employees of the Pearland
Independent School District. Contact with any of these individuals after issuance of the RFQ and before
selection of a Geotechnical/Testing Lab is made, may result in disqualification of your response.
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The communications prohibition shall terminate when the contract is recommended by the administration,
considered by the Board of Trustees at a noticed public meeting, and a contract has been awarded. In the
event the Board refers the recommendation back to staff for reconsideration, the communications prohibition
shall be re-imposed. Additionally, during the time period between the award by the Board of Trustees and the
execution of the contract, the Respondent shall not engage in any prohibited communications as described in
this section.
Prohibited communications includes direct contract, discussion, or promotion of the Respondent’s response
with any member of the District’s Board of Trustees or employees other than communications with the
District’s designated representatives as set forth in this RFQ and only in the course of inquiries, briefings,
interviews, or presentations. This prohibition is intended to create a level playing field for all potential
Respondents, assure that decisions are made in public, and to protect the integrity of the solicitation process.
Except as provided in the above stated exceptions, the following communications regarding a particular
solicitation are prohibited:
Communications between a potential Respondent, vendor, service provider, bidder,
Offeror, lobbyist or consultant and any member of the District’s Board of Trustees;
Communications between any Trustee and any member of a selection or evaluation
committee; and
Communications between any Trustee and administrator or employee.
The communications prohibition shall not apply to the following:
Communications with the District’s purchasing agent and/or architect specifically named
and authorized to conduct and receive such communications under this RFQ, or upon the
request of the District, with the District’s legal counsel.
Nothing contained herein shall prohibit any person or entity from publicly addressing the District’s Board of
Trustees during any duly noticed public meeting, in accordance with applicable Board policies, on a matter
other than this RFQ or in connection with a presentation requested by the District’s representatives.
Note: Texas Public Information Act: During the course of the selection process, the responses submitted by
Respondents are exempt from disclosure to the public under the Texas Public Information Act. However,
upon the award of the contract, if any, or the rejection of the responses, the response and all information
submitted to the District will become a public record; and therefore, subject to disclosure to any person who
makes a proper request for review of the documents. Some of the information you may provide in your
response may contain commercial or financial information which is privileged or confidential by statute, or
which you feel may cause substantial competitive harm to your business if disclosed by the District to a third-
party even after the award. You may be entitled to protect this information at the time the request is made
for disclosure; however, you will need to consult your legal counsel to assure that this kind of information, if
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included in your response, is properly marked as confidential prior to submission. Wholesale marking of your
entire proposal “Confidential” or “Proprietary” will not be effective.
CERTIFICATION SHEET
In order for a bid to be considered, the following information must be provided.
FAILURE TO COMPLETE MAY RESULT IN DISQUALIFICATION
Company Name _________________________________________________________________________________
Mailing Address ________________________________________________________________________________
City________________________________________________State__________________________Zip_________
Telephone____________________________Fax___________________________Email address_____________________________
In business under present name ___________ years and ___________ months
COMPLETE THE APPROPRIATE SECTION BELOW:
RESIDENT BIDDER
"Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose
ultimate parent company or majority owner has its principal place of business in this state.
I CERTIFY THAT MY COMPANY IS A "RESIDENT BIDDER":
MR. MRS. MS. _______________________________________________________________________________________________
(Circle One) NAME (PLEASE PRINT)
POSITION _____________________________________________________________________________________________________
SIGNATURE ____________________________________________ DATE _______________________________________________
OR
NONRESIDENT BIDDER
"Nonresident bidder" refers to a person who is not a resident.
IF YOU QUALIFY AS A "nonresident bidder", you must furnish the following information:
What is your resident state? (The state your principal place of business is located.) _______________________________________
Does your "residence state" require bidders whose principal place of business is in Texas to underbid vendors
whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable
contract? "Residence state" means the state in which the principal place of business is located.
YES _______ NO _______ If “YES”, What is that amount or percentage? _____________ %
I CERTIFY THAT MY COMPANY IS A “NONRESIDENT BIDDER” AND THE ABOVE INFORMATION IS TRUE AND CORRECT:
MR. MRS. MS. _______________________________________________________________________________________________
(Circle One) NAME (PLEASE PRINT)
POSITION _____________________________________________________________________________________________________
SIGNATURE _______________________________________________________ DATE ____________________________________
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Agreement with Pearland Independent School District
Regarding Criminal History Background Searches with Vendors/Contractors
Pearland Independent School District has provided me with the information to be in compliance with the Senate Bill 9 mandate in regards
to required background searches for all companies working with Pearland ISD as a vendor or contractor. My signature indicates that I will
comply with Senate Bill 9 by conducting background searches and have employees fingerprinted with the DPS- Fingerprint-based Applicant
Clearinghouse of Texas- FACT.
____________________________________ __________________________________
Print Name Signature
____________________________________ __________________________________
Company Name Date
Attached: Copy of Information from Texas Education Agency and State Board of Education:
Instructions to School District Contractors Regarding Criminal History Background Searches Under Senate Bill 9
Senate Bill 9 directs school district contractors to obtain state and national criminal history background searches on their employees who
will have direct contact with students, and to receive those results through the DPS criminal history clearinghouse (Fingerprint-based
Applicant Clearinghouse of Texas –FACT). In order for contractors to receive the information through FACT, they must first establish an
account with the DPS for FACT clearinghouse access. The Company owner must sign a user agreement with the DPS. To obtain the user
agreement and more information, please contact:
Access and Dissemination Bureau
Texas Department of Public Safety
Crime Records Service
P. O. Box 149322
Austin, Texas 78714-9322
Email: [email protected]
Phone: (512) 424-2365
For fastest service, please email or call. State in the message that you are a school district contractor and need to have an account
established for DPS FACT clearinghouse access. Please include:
Company Name
Company Address
Company Phone
Name of Company point of contact
Phone of Company point of contact
Company email to be used for notification of FACT records and messages
The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the least number of persons needed to
review the records. The account must include at least one designated supervisor to make necessary changes and to monitor the site’s
security and the access to the criminal history data retrieved. Additional users must be limited to those who need to request, retrieve, or
evaluate data regarding the individual applicants.
PLEASE NOTE: After you sign the DPS User Agreement for FACT, DPS will provide you with a revised FAST Fingerprint Pass that you will
have to provide to your employees and applicants. Your employees and applicants will use that FAST Fingerprint Pass when scheduling
their FAST fingerprinting.
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Felony Conviction Notification
I, the undersigned for the firm named below, certify that the information concerning
notification of felony convictions has been reviewed by me and the following information
furnished is true to the best of my knowledge.
Please select ONE choice below:
My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
My firm is not owned or operated by anyone who has been convicted of a felony.
My firm is owned or operated by the following individuals who has/have been convicted of
a felony.
Name of individual (s): _______________________________________
Details of conviction (s): ______________________________________
Please complete the information below:
Name of Vendor: _______________________________________________________
(please type or print)
Name of Company Official: ______________________________________________
(please type or print)
Signature of authorized agent: ______________________________ Date: _______
State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owner or operator of the business entity has been convicted of a felony.” The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.
This notice is not required of a publicly held corporation
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ACKNOWLEDGEMENT FORM
Having carefully read the Standard Terms and Conditions and any Special Conditions listed in this document,
the undersigned hereby agrees to furnish all goods and services specified on the Pearland ISD Proposal Form
at the prices and costs as proposed.
By submission of this proposal, the undersigned certifies that:
a. This proposal has been independently arrived at without collusion with any other bidder or any other
competitor;
b. This proposal has not been knowingly disclosed and will not be knowingly disclosed, to any other
bidder, competitor or potential competitor, prior to the opening of bids, or proposals for this project;
c. No attempt has been or will be made to induce any other person, partnership or corporation to submit
or not submit a proposal;
d. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained
in this certification, and the penalties herein are applicable to the bidder as well as to any person
signing in his/her behalf;
e. Vendor warrants it has no interest, and shall acquire no interest that would directly or indirectly conflict
in any manner or degree with the performance of this proposal. For violation or breach of this warranty,
Pearland ISD shall have the right to annul this contract without liability;
f. As required by Local Government Code 176.006, the undersigned acknowledges the requirement of
filing a Conflict of Interest Questionnaire if there are any facts that would require such to be filed, and
acknowledges the fact that the CIQ form is available for download at
http://www.ethics.state.tx.us/forms/CIQ.pdf or can be obtained directly from the Pearland ISD
Purchasing Office, 1928 N. Main, Pearland, Texas 77581.
g. The undersigned certifies that to his/her knowledge no Pearland ISD employee has any personal or
beneficial interest whatsoever in this service or property described herein.
h. The undersigned acknowledges that this document, as well as any submitted documents and any
negotiations, when properly accepted by the District will be an integral part of any contract awarded as
a result of the response submitted.
Respondent acknowledges receipt of Addenda number ___ through ___ and has incorporated the provisions
therefore into this proposal.
_______________________________ _________________________________________
AUTHORIZED SIGNATURE PRINT NAME
_______________________________ _________________________________________
TITLE DATE
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Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online filing application,
printed out, signed, notarized, and included with required bid forms)
Pearland ISD is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of
Interested Parties. Section 2252.908 prohibits Pearland ISD from entering into a contract resulting from this RFP with a business entity unless the
business entity submits a Disclosure of Interested Parties (Form 1295) to Pearland ISD at the time business entity submits the signed contract. The
Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission. The
following definitions apply:
(1) “Business Entity” means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or
corporation. Tex. Gov’t Code § 2252.908(1).
(2) “Interested Party” means a person:
a) who has a controlling interest in a business entity with whom Pearland ISD contracts; or
b) who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary,
adviser, or attorney for the business entity. Tex. Gov’t Code § 2252.908(3).
(3) “Controlling interest” means:
a) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise
that exceeds 10 percent;
b) membership on the board of directors or other governing body of a business entity of which the board or other governing body
is composed of not more than 10 members; or
c) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly
compensated by a business entity that has more than four officers. Tex. Ethics Comm. Rule 46.3(c).
(4) “Intermediary” means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker,
adviser, attorney, or representative of or agent for the business entity who:
a) receives compensation from the business entity for the person’s participation;
b) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract;
and
c) is not an employee of the business entity. Tex. Ethics Comm. Rule 46.3(e).
d)
As a “business entity,” all vendors must:
(1) complete Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
- All vendors must complete Form 1295, even if no interested parties exist
- In Section 2, insert “Pearland ISD”
- In Section 3, insert the Pearland ISD RFP # for this proposal
(2) print a copy of the completed form (make sure that it has a computer-generated certification number in the “Office Use Only” box)
(3) have an authorized agent of the business entity sign the form
(4) notarize the form
(5) submit the completed, signed, notarized Form 1295, with the certification of filing, and included the completed, sign, notarized form
with required bid documents.
Pearland ISD - RFQ for Geotechnical/Testing Lab – RFQ #17-0216-12 Page 19 of 19