01 Barricading Traffic Control Services Specifications.pdf

Barricading and Traffic Control Services Document Number: OPS-PUB-100.PUR BT26-00030659 Version Number: 2026.03.01

City of Dallas

Request for Bid (RFB)

Barricading and Traffic Control Services

BT26-00030659

Solicitation Contact:

Matthew Moore 214.243.2130 Matthew.Moore@dallas.gov

Date Issued:

8/6/2026

Pre- Bid Conferenc e Date & Time:

8/19/2026 3:00 PM

Microsoft Teams Meeting:

BT26-00030659 -

Barricading Traffic Control Services - Pre Bid Meeting | Join meeting in Teams | Microsoft Teams

Question Due Date & Time:

8/23/2026 11:30 PM

Submissio n Due Date & Time:

9/4/2026 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

1.11 Local Preference

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2. Scope of Work

2.1 Overview .................................................................. Error! Bookmark not defined.

2.2 Specifications .......................................................... Error! Bookmark not defined.

2.3 Communication Requirements

2.4 Commencement Date

2.5 Performance Measures

2.6 Service Completion Schedule

2.7 Service Warranty

2.8 Contract Transition

2.9 Insurance Requirements

3. Submittal Requirements

3.1 Minimum Qualifications of Bidders

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award process

4.2 Review for Responsiveness

4.3 Rejection or Acceptance of Bids

4.4 Late, Modified, or Withdrawn Bids

4.5 Disqualification of Bidders

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

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6.1 DRIVE Policy

6.2 EEO/Nondiscrimination

6.3 Indemnity

6.4 Conflict of Interest .................................................... Error! Bookmark not defined.

6.5 Certificate of Interested Parties (Form 1295)

6.6 Permits Required by Law

6.7 Confidentiality

6.8 Wage Floor Rate Requirement

6.9 Wage Floor Reporting Requirement

6.10 Wage Floor Compliance Requirement

7. Miscellaneous

8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Bids to establish a 5 years One year renewal option Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for Barricading and Traffic Control Services, including the rental, delivery, and setup of barricades and message boards to be utilized by the Water Utilities. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Services will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

All Bid documents can be obtained through the City’s solicitation portal at www.dallascityhall.bonfirehub.com. For technical assistance visit https://dallascityhall.bonfirehub.com/portal/support or contact support at support@gobonfirehub.com or 1-844-226-3862.

Bidders may view all supporting documents, pre-Bid meeting details, site visit details (if applicable), and submit their questions on Bonfire. Bidders should complete all required documents and upload those documents listed in the Required Information section in Bonfire.

1.3 Pre-Bid Meeting

During the solicitation process, Bidders are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre-Bid meeting will be held by the City where Bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-Bid meeting will be the only time when Bidders and requesting department(s) will communicate directly, all subsequent communication must be directed to the assigned Procurement Specialist.

All prospective Bidders are encouraged to attend.

1.4 Questions & Communications

All questions shall be submitted electronically through the City’s solicitation portal; the City will respond to all questions by way of an addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. It is the Bidder’s responsibility to obtain clarification on any information contained in this solicitation.

1.5 Unauthorized Communications

The period of time from the solicitation’s release until Council award is known as the Cone of Silence. During the Cone of Silence, Bidders shall not contact employees or officials of the City other than the Procurement Specialist assigned to the Solicitation.

http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com

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No officer, employee, agent, or representative of the Bidder shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or directly or indirectly seek to influence any City Council member, City staff, or City consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process.

1.6 Addenda

The City will post an Addendum on Bonfire with responses to all questions received before the deadline. Interpretations, corrections, or changes to the solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections, or changes.

Bidders shall acknowledge all Addenda issued and are encouraged to check the City’s solicitation portal frequently for any updates.

1.7 Solicitation Timeline

The Tentative Schedule of events is listed on the City’s solicitation portal for each specific solicitation. However, the City reserves the right to change those dates when necessary.

1.8 Cancellation

The City has sole discretion and reserves the right to cancel this RFB, or to reject any or all Bids received prior to the award.

1.9 General Terms & Conditions

Bidders must review the General Terms & Conditions (Attachment A) prior to submitting a Bid. By submitting a Bid, Bidders agree to provide the services described in this solicitation in accordance with the general conditions and specifications.

1.10 Bid Security

To be considered responsive, bids must be submitted electronically through the City’s solicitation portal by the due date and time indicated in the solicitation. All Bidders must scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the City’s Purchasing Agent upon request.

The bid security for recommended Bidders will be retained until contract execution. If the awarded Bidder fails to execute and deliver the contract within ten (10) days after the notice of award, the City may annul the notice of award and shall be entitled to make claim against the bid security. The bid security of recommended Bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended Bidders will be returned.

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1.11 Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

Additional information on Local Preference can be found in Attachment A: General Terms & Conditions, 19. Local Preference. A local firm whose bid is within the following percentages may be considered for award over the lowest bidder:

1.11.1 Three percent (3%) of the lowest bid for a contract valued at greater than $500,000 for goods.

1.11.2 Five percent (5%) of the lowest bid for a contract valued at less than $500,000 for goods or services.

1.11.3 Five percent (5%) of the lowest bid for a contract valued at less than $100,000 for construction services.

2. SCOPE OF WORK

2.1 Each job shall include set-up and maintenance of Lights and Barricades, Message Boards, or Arrow Boards which are safely secured at each location during the requested period. The City will not be subject to charges for product not picked up after notification to remove by the City.

2.2 Lines #1 & 2: Each job to be barricaded, for the purposes of this bid, shall be for a five

(5) day period. The City will not be subject to charges for barricades not picked up at the end of five (5) days. If the City requests that the barricade remain on the job for a period longer than five (5) days, additional charges will be calculated to the total number of days of extension requested. The City may request that barricades be picked up within twenty-four (24) hours after the set-up period ends so that traffic flow may be resumed and to meet departmental requirements.

2.3 Barricading Services shall be required at various locations throughout the City; sizes of cuts will vary with the average size being approximately 6 ft. x 8 ft.

2.4 ITEMS (A) THROUGH (H) SHALL BE REQUIRED FOR EACH DELIVERY LOCATION:

Fee/Cost shall include equipment (A-H, See Below) set-up and removal.

A. One (1) each Right/Left, or Center lane closed ahead advance warning sign set 150' to 1000' in advance of street cut.

B. One (1) each Form single line Right/Left or Merge advance warning sign set 150' to 1000' in advance of street cut.

C. Nine (9) each Vertical Panels or Drums with Lights to form a Left/Right or Gore Tapper directly in advance of street cut.

D. One (1) each Type III Barricades with five (5) lights and two (2) each 30" x 30" Arrow Signs mounted on the Barricade directly in front of the street cut.

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E. Three (3) each Vertical Panel with lights on the right side of the street cut directly behind the type III Barricade.

F. Three (3) each Vertical Panel with Lights on the left side of the street cut directly behind the type III Barricade.

G. Two (2) each Type III Barricades with Lights on the far back left and right side of the street cut.

H. One (1) each high-level warning device 8' to 10' high.

2.5 Line #3: Additional charge if the City requires barricade(s) to remain on the job more than five (5) days.

2.6 Line #4: Per day rental for Message Board, includes set-up, maintenance and removal. Normal trip charge to deliver and pick-up from one location regardless of the number of units per location or number of days rented.

2.7 Line #5: Per day rental for Arrow board, includes set-up, maintenance and removal.

Normal trip charge to deliver and pick-up from one location regardless of the number of units per location or number of days rented.

2.8 Line #6: Fee charge for each page of the Traffic Control Plan, when one is required.

2.9 Line #7: Per day rental for Truck w\ Crash Attenuator, NO driver provided. No delivery or pick-up offered.

2.9.1 The City of Dallas will comply with awarded vendor rental requirements by providing:

2.9.1.1 a) Proof of Financial Responsibility.

b) Fuel top-off after completion of rental.

c) TMA Certified Drivers required (Online ATSSA).

2.10 Lines #8: Hourly rate for TMA w\ Driver beyond eight (8) hours. (Reference line #7).

2.11 Lines #9: Shift change on any operation, shift not to exceed twelve (12) hours. (Reference line # 7).

2.12 Lines #10: Per day rental for Truck w\ Crash Attenuator Driver provided.

2.13 Rental Terms: a) Delivery, removal and manning of truck included.

b) Up to eight (8) hours of service included.

2.14 Note: Maintenance shall include, but is not limited to, ensuring the lights, signs and/or boards are in continuous working condition. Any battery and/or fuel systems should be

BT26-00030659 8 of 19 enough to keep the signs in continuous working order. If electricity is used to power the lights, signs and/or boards, vendor shall ensure they are used where they pose no safety hazards. Lights, signs and/or boards shall be secured in such a way that the lights, signs and/or boards can be changed only by the vendor or end user. The estimated quantities listed on the bid sheet are the City’s best estimates and requests can be less or greater than the listed quantities based on anticipated needs. The City will not be responsible for any anticipated profits or losses, by any bidder, based on these estimated quantities.

2.15 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within 1 hour.

The awarded contractor shall respond to phone calls and emails from the City within 1 hour of receipt.

2.16 Commencement Date

The commencement date of this contract shall be upon Council approval and contract execution.

2.17 Performance Measures

The vendor's performance will be measured by strict adherence to specified response times, including a one-hour response for written, email, or phone inquiries, four hours for standard equipment delivery and setup during business hours, and ninety minutes for emergency deployments 24/7/365. Furthermore, critical device replacements must occur within two hours of notification, and non-critical replacements within eight hours. The vendor is required to maintain a local inventory within 30 miles of Dallas City Hall sufficient to support at least three concurrent large-scale events, submitting quarterly certified inventory reports.

All personnel involved in traffic control must hold valid ATSSA Traffic Control Technician or Supervisor certifications, with copies provided upon request. Contract management will also involve a mandatory kick-off meeting and submission of a comprehensive Mobilization Plan within fifteen business days of execution, along with monthly itemized invoicing.

Additionally, the vendor is responsible for routine equipment inspection and maintenance,

2.18 Service Completion Schedule

Normal delivery will consist of notifying the vendor twenty-four (24) hours prior to the delivery. Work orders placed before 10:00am shall be delivered prior to 12:00 noon, the next working day. Delivery fees shall be charged on a location basis regardless of number of units to be set at that location. Delivery fees shall include both the delivery and pick up of units at the location.

Work orders with less than twenty-four (24) hours of notification shall be classified as emergencies and shall be delivered within two (2) hours of ordering. Delivery fees shall be charged on a location basis regardless of number of units to be set at that location. Delivery

BT26-00030659 9 of 19 fee shall include both the delivery and pick-up of units at the location. A twenty-four (24) hour telephone number shall be provided by the vendor for such emergency deliveries.

2.19 Service Warranty

All services provided under this contract shall be warranted to be free from poor workmanship, planning and materials, which affect the integrity of the service. The warranty shall be for the customary warranty period. The warranty will begin with the City’s acceptance of the service provided.

If the service fails and is believed to be the awarded Contractor’s responsibility, the City of Dallas shall give a written notice for additional service. The Contractor shall make corrections at the Contractor’s expense in a manner mutually agreed upon by the City and the Contractor. The warranty period will start over upon the City’s final acceptance.

2.20 Contract Transition

Upon contract award, the successful vendor shall cooperate fully with the City of Dallas and any incumbent contractor to ensure a seamless transition of services. This cooperation includes, but is not limited to, the orderly transfer of all necessary information, ongoing project details, and a coordinated approach to minimize any disruption to City operations and traffic control needs. The incoming vendor must be prepared to assume full responsibility for all services promptly at the commencement of the contract term.

2.21 Insurance Requirements

The successful contractor will be required to purchase, within fifteen (15) days of the award, and maintain during the term of the contract, insurance as described in Attachment B, and agrees to the indemnification agreement therein.

3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Bidders

Bids will only be considered from Bidders who have been established in the business of providing Barricading and Traffic Control Services, including the rental, delivery, and setup of barricades and message boards for a minimum of 3 years. If requested, Bidders shall provide a minimum of 3 of reference and/or other documentation demonstrating minimum qualifications. Bids shall be accepted from authorized providers for the requested Services.

If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the Services from another source.

3.2 Bid Submission Documents

Bidders must include the following documents in their submission:

Form Name Form Number

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Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form CIQ Local Preference Affidavit OPS-31 Living Wage Affidavit OPS-3 SBE Affidavit BEH-FRM-602.SAW Schedule of Work and Actual Payment BEH-FRM-603.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Good Faith Effort Documentation Form (if applicable)

BEH-FRM-607.SAW

Prime Self-Performance Declaration (if applicable)

BEH-FRM-609.SAW

Subcontractor Intent Form BEH-FRM-610.SAW Any other City Documents as Required

3.3 Development Costs

Neither the City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this solicitation. Respondents are encouraged to prepare their Bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the solicitation.

3.4 Cooperative Purchasing

The City has interlocal agreements with many other governmental agencies that provide for the use of the City’s contracts, so long as the vendors agree to extend the same terms, conditions, and pricing to other entities. Bidders shall indicate in their Bid whether they agree to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. All purchases by other governmental entities shall be billed directly to that governmental entity and paid for by that governmental entity. The City shall not be responsible for another governmental entity’s debts. Each governmental entity shall order its own materials/services as needed.

4. EVALUATION & AWARD PROCESS

4.1 Award Method

The City’s intent is to award this solicitation to the lowest responsible bidder in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a submission is responsive. The City reserves the right to reject any and all Bids and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late Bid s will not be considered for award. An award will only be made to a Bidder that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.2 Opening of Bids

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The City will open Bids during the bid reading. Bid readings take place at 2:00 PM on Fridays and can be viewed on the City’s website https://dallascityhall.com/government/Pages/Live.aspx. Any Bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

4.3 Review for Responsiveness

The City will review Bids for compliance to determine whether they are responsive and responsible, and whether they meet the minimum requirements of this RFB. The City may conduct all necessary inquiries or investigations, including but not limited to contacting references, to verify the information submitted. Bids that do not meet the minimum requirements may be deemed non-responsive and excluded from further evaluation.

4.4 Rejection or Acceptance of Bids

This solicitation does not commit the City to award a Contract. The City reserves the right to reject any and all Bids, to waive technicalities or irregularities, and to accept any Bid it deems to be in the interest of the City. The City shall not be liable for any costs incurred by any company responding to this solicitation. If applicable, the City requires the recommended Bidder to sign the necessary Contract documents prepared by the City Attorney’s Office. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its Bid.

4.5 Late, Modified, or Withdrawn Bids

Bids are required to be submitted electronically using the City’s solicitation portal. The system will not accept submittals after the Submission Due Date and Time and hard copies are not permissible. Bids may be modified at any time prior to the Submission Due Date and Time. If a Bid is modified, it must be resubmitted by the Submission Due Date and Time to be responsive. Bids may be withdrawn at any time prior to the Submission Due Date and Time. Withdrawn Bids may be resubmitted prior to the Submission Due Date and Time. No Bids may be modified or withdrawn after the Submission Due Date and Time without forfeiture of the Bid Security, if any.

4.6 Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

4.6.1 Reason to believe collusion exists among the Bidders.

4.6.2 The Bidder is involved in any litigation against the City.

4.6.3 The Bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City.

5. CONTRACT ADMINISTRATION

5.1 Contract Term

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The Contract or Agreement will be for an initial term of 5 years One year renewal option The City reserves the right not to offer an extension.

5.2 Delivery Orders

Delivery Orders may be issued at any time during the term of the agreement. Each Delivery order will constitute an individual order for goods or services under the terms and conditions of this agreement. Delivery Orders issued prior to the expiration of the agreement shall remain subject to, and governed by, this agreement until completion or termination of the specific order.

5.3 Contract Type

This Contract is a Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement contract. An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in no payment. The purpose of this Contract is to establish firm pricing; and the estimated quantities are not a guarantee; the quantities ordered may be more or less than estimated. The estimated quantities are based upon historical usage and anticipated needs.

Delivery Orders will be issued on an as needed basis according to annual budget appropriations.

5.4 Contract Amount

The Contractor will base its Bid amount on the estimated quantities identified in the Bid Sheet, which will only be used for comparison and evaluation purposes. The City will issue Delivery Orders based on needs and not in accordance with the estimated quantities contained in the Bid Sheet. The Contractor’s pricing shall remain firm throughout the initial term of the Contract. Price adjustments will be considered at the time of renewal or hold over extension subject to Attachment A: General Terms & Conditions, 5. Adjustment Clause.

5.5 Firm Pricing

Pricing, including discounts/markups (+/-), shall be firm for the entire contract unless otherwise stated herein.

5.6 Records & Audits

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized in this Contract. These records shall be retained for a minimum of two (2) years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

5.7 Default by Contractor

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The following events shall be deemed to be events of default by Contractor under this Contract:

5.7.1 Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

5.7.2 Contractor attempts to assign the Contract without the prior written consent of the City;

5.7.3 Contractor shall fail to perform, keep or observe any term, provision or covenant of the Contract; or

5.7.4 Contractor fails to properly and timely pay Contractor personnel, supplies or other contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified of such notice, the City may immediately cancel the Contract. At the discretion of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract. The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract. No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

5.8 Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract or any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City. Should the Contractor assign, transfer, sublet convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

5.9 Termination

The City may terminate this agreement in whole or in part by giving thirty (30) days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

The City reserves the right to cancel this agreement at any time if service performance, timeliness, quality of work is determined to be unsatisfactory or inconsistent with contract requirements.

5.11 Invoicing

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For the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

5.11.1 Name and address of the department for which goods were provided

5.11.2 Contact information of City staff who placed order (name, phone number, department)

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

5.11.5 Price of goods (charges for all goods covered by this contract are to be separately stated and explained

5.11.6 Total cost of goods

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment.

Vendors who fail to follow these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

6.1.1 The SBE participation goal for this contract is 7.10%.

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent low bidder who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

6.2 Equal Employment Opportunity/Nondiscrimination

The selected bidder shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual

BT26-00030659 15 of 19 orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

6.3 Indemnity

The selected Bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Bidder and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

6.4 Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED

No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

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The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code.

(Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop.

Nos. 2 and 9) 11H

6.5 Certificate of Interested Parties (Form 1295)

All Bidders recommended by City staff for a contract pursuant to this solicitation will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. The Bidder will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm, and submit a copy to the procurement specialist before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the procurement specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

6.6 Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

6.7 Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. The City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

BT26-00030659 17 of 19 request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a Bid, the Bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

6.8 Wage Floor Rate Requirement

On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime contractors, awarded general service contracts valued greater than $50,000, and first-tier subcontractors on the contract to pay their employees rendering services on the contract a wage floor of not less than $23.06 per hour.

Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after November 10, 2015. Contractor’s bidding/proposing on general service contracts shall take into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15- 2141. This requirement does not apply to construction contracts in which prevailing wage of employees is governed by the Davis-Bacon Act as defined in the Texas Local Government Code 2258, purchase of goods, procurements made with grant funds or procurements made through cooperative and/or inter-local agreements.

The purpose of this policy is to promote an acceptable wage floor for working families in the City of Dallas, increase the level of service delivered to the City through specific contracts and reduce turnover in such contracts thus maintaining a continuous and consistent level of service for vested parties.

The City Manager shall use the following definitions to administer the benefactors of the “wage floor” for purposes of the referenced resolution:

• "City" means the City of Dallas, Texas.

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

• "Subcontractor" means any Person or business that has entered into its own contract with a prime contractor to perform services, in whole or in part, as a result of an awarded City general

BT26-00030659 18 of 19

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

6.9 Wage Floor Reporting Requirement

Contractors awarded City general services contracts as described in the wage floor rate requirement section of this specification shall be required to provide the buyer the residential zip code and respective number of employees directly impacted by the wage floor requirement ten days after Council approval and on January 1st. but not later than January 31st. for the term of the contract. The Contractor shall submit the report to the contract administrator during the established period.

6.10 Wage Floor Compliance Requirement

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement. Contractors not compliant with the wage floor requirement will be deemed non-responsive and will not be considered for award. Contractors awarded general service contracts must comply with the wage floor policy and reporting requirements for the term of the contract, failure to remain in compliance may result in breach of contract.

7. MISCELLANEOUS

7.1 After executing the Contract, no consideration will be given to any claim of misunderstanding.

7.2 Bidders shall submit with the Bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

7.3 Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

7.4 The City reserves the right to reject all Bids and to waive any minor irregularities.

7.5 A Bid may be disqualified if the corporation or individual Bidder is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, Bidders may be disqualified for poor prior performance on similar Contracts with other entities.

7.6 The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7.7 The Contractor agrees to abide by the rules and regulations as prescribed herein. The Contractor will, in all solicitations or advertisements for personnel to perform

BT26-00030659 19 of 19 services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

7.8 If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

7.9 The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications. Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

8. ATTACHMENTS

A. General Terms and Conditions B. Insurance Requirements