ORDINANCE approving and awarding contract between City of Houston and WHITTAKER LANE CONTRACTING, LLC for Homeless Encampment Cleanup and Abatement Services for the Solid Waste Management Department; providing a maximum contract amount - 3 Years with 1 one-year option - $7,178,306.72 - ARPA Recovery Fund

Formal Bids Received January 13, 2022 for S72-L29993 – Approve an Ordinance awarding a contract to Whittaker Lane Contracting, LLC for an initial funding amount of $7,178,306.72 and a maximum contract amount of $9,720,215.44 for homeless encampment cleanup and abatement services for the Solid Waste Management Department.

Specific Explanation:

The Director of the Solid Waste Management Department (SWMD) and the Chief Procurement Officer (CPO) recommend that City Council approve an ordinance awarding a three-year contract with one-year option to renew to Whittaker Lane Contracting, LLC (“Contractor”) for an initial funding amount of $7,178,306.72 and a maximum contract amount of $9,720,215.44 for homeless encampment cleanup and abatement services for SWMD.  The initial funding amount will fund the three (3) year initial term of the contract; SWMD will return to City Council if additional funding becomes available to fund the remaining out year. The Director of SWMD may terminate the contract at any time by giving thirty (30) days written notice to the Contractor, with a copy of the notice to the CPO.

The American Rescue Plan Act (ARPA) is a federal program that was signed into law on March 11, 2021 and was purposed to address the COVID-19 pandemic disaster relief on a national level.  ARPA funds will be utilized for the services set out in this agreement. Contractor will be required to comply with all laws and regulations associated with these funds.

The scope of work requires the contractor to perform weekly cleanups at encampments throughout the City to include needed major remediation activities directed by the City Public Health Authority and Health Department. The more intensive cleanings will include proper sanitizing activities and remediation of biological waste when required. Cleanings of this nature are needed to minimize the potential spread of the COVID-19 virus among a high-risk population. Minimizing the spread of COVID-19 among the homeless population will provide necessary protection to the City’s general population.

Contractor shall be responsible and have the capability to perform environmental clean-up services at the various homeless encampment sites as listed below but not limited to:

1. Pressure Washing

2. Disinfectant Services

3. Full Sanitization

4. Trash Pick-up

5. Waste Disposal

6. Special Biochemical Waste

7. Portable Cleaning

This Invitation to Bid (ITB) was advertised in accordance with the State of Texas bid laws. Prior to issuing the solicitation, the Strategic Procurement Division canvassed the City’s registered vendor data base, as well as the market, to identify potential bidders who could possibly provide the type of services needed. Several prospective bidders downloaded the solicitation from SPD’s e-bidding website, and (6) bids were received as outlined below: 

              Company                                                                   Total Amount

1. Whittaker Lane Contracting, LLC                                $12,351,091.48
2. S & R Oper. Dba Servpro of the Woodlands/Conroe      $33,695,922.00
3. Labornow LLC                                                                 $8,821,941.44 (did not meet specs)
4. Facilities Management Resources LLC                           $14,426,166.56
5. Smartscaping, LLC                                                          $13,228,511.40 (non-responsive)
6. Faith Cleaning Services                                                   $13,000.00 (non-responsive)

M/WBE Participation:

The ITB was advertised with an 11% goal for M/WBE participation. Whittaker Lane Contracting, LLC has designated the below-named company as its certified M/WBE subcontractor.

Pay or Play Program:

The proposed contract requires compliance with the City’s ‘Pay or Play’ Ordinance regarding health benefits for employees of City contractors. In this case, Whittaker Lane Contracting, LLC has elected to do both, to pay into the Contractor Responsibility Fund and provide health benefits to eligible employees in compliance with City policy. 

Hire Houston First: 

Hire Houston First does not apply to this expenditure, because it involves the use of federal funds and is subject to specific procurement rules of the federal government.

Fiscal Note:

• No Fiscal Note required on grant items.

________________________________              _______________________________

Jerry Adams, Chief Procurement Officer              Department Approval Authority

Finance/Strategic Procurement Division

                                           ESTIMATED SPENDING AUTHORITY

$7,178,306.72  - ARPA Recovery Fund (5309)