01 - Soil Remediation Services Specifications.pdf

Template Number: OPS-PUB-114.PUR Version Number: 2026.03.01

City of Dallas

Request for Competitive Sealed Proposal (RFCSP)

Soil Remediation and Excavation Services

BTZ26-00031255

Solicitation Contact:

Matthew Moore 214.243.2130 Matthew.Moore@dallas.gov

Date Issued: 10.8.2026

Pre-solicitation Conference Date & Time:

10/21/2026 2:00 PM

Microsoft Teams Meeting:

BTZ26-00031255 Soil Remediation and Excavation Services - Pre Solicitation Meeting | Meeting-Join | Microsoft Teams

Question Due Date & Time:

10.25.2026 11:30 PM

Submission Due Date & Time:

11.13.2026 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Proposal Documents & Information

1.3 Pre-Solicitation 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 Local Preference ..................................................... Error! Bookmark not defined.

2. Scope of Work

2.1 Overview

2.2 Specifications

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2.3 Communication Requirements

2.4 Commencement Date

2.5 Performance Measures

2.6 Service Completion Schedule

2.7 Service Warranty

2.8 Insurance Requirements

2.9 Bonding Requirements

3. Submittal Requirements

3.1 Minimum Qualifications of Proposers

3.2 Proposal Submittal Requirements

3.3 Proposal Submission Documents

3.4 Development Costs

3.5 Cooperative Purchasing

4. Evaluation & Award process

4.1 Evaluation Criteria

4.2 Award Method

4.3 Opening of Proposals

4.4 Review for Responsiveness

4.5 Evaluation of Proposals

4.6 Best and Final OƯers (BAFO)

4.7 Selection for Negotiation

4.8 Negotiation Process

4.9 Reservation of Rights

4.10 Rejection or Acceptance of Proposals

4.11 Late, Modified, or Withdrawn Proposals

4.12 Disqualification of Proposers

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Firm Pricing

5.6 Records & Audits

5.7 Default by Contractor

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5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

6.2 Equal Employment Opportunity/Nondiscrimination

6.3 Indemnity

6.4 Conflict of Interest

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 proposals to establish a three year with 2 one year renewal options, Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for comprehensive environmental remediation, soil excavation, and site restoration services to be utilized by the Dallas 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 Proposal Documents & Information

All proposal 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.

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

1.3 Pre-Solicitation Meeting

During the solicitation process, Proposers are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre-proposal meeting will be held by the City where Proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-solicitation meeting will be the only time when proposers and requesting department(s) will communicate directly, all subsequent communication must be directed to the assigned Procurement Specialist. All prospective Proposers 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 Proposer’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, Proposers shall not contact employees or oƯicials of the City other than the Procurement Specialist assigned to the Solicitation.

No oƯicer, employee, agent, or representative of the Proposer shall have any contact or communication, with any member of the City Council, City staƯ, or City consultants, or directly or indirectly seek to influence any City Council member, City staƯ, or City

Click or tap here to enter text. 5 of 20 consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Proposer 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 Proposers shall not rely upon such interpretations, corrections, or changes.

Proposers 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 RFCSP, or to reject any or all proposals received prior to the award.

1.9 General Terms & Conditions

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

2. SCOPE OF WORK

2.1 Overview

The City of Dallas is seeking qualified contractors to provide comprehensive soil remediation and excavation services. The scope of work encompasses site excavation, soil stabilization, waste classification and disposal, site restoration, and the implementation of rigorous safety, security, and environmental control measures. The selected contractor will be responsible for managing all aspects of remediation activities in accordance with Texas Risk Reduction Program rules and applicable regulatory standards to ensure the successful restoration and stabilization of the property.

2.2 Specifications

Plans and Specifications for each task order shall be provided to the Contractor prior to commencement of on-site activities. The Contractor shall perform excavation of soil at depths ranging from 0 to 20 feet below ground surface, which includes all necessary on-site loading, hauling, and stockpiling of overburden and contaminated materials. All remediation activities shall be performed in strict accordance with the Texas Risk Reduction Program (TRRP) rules and relevant Texas Commission on Environmental Quality (TCEQ) and Environmental Protection Agency (EPA) regulations governing soil remediation and waste

Click or tap here to enter text. 6 of 20 management. The Contractor must implement, provide, and manage all necessary shoring systems and equipment for all excavations, including the determination of means and methods for installation, maintenance, and removal to prevent soil sloughing, ensuring full compliance with the Trench Safety Act and all applicable safety standards. Furthermore, the Contractor is responsible for implementing and maintaining a comprehensive water management system to control, collect, and treat groundwater, rainwater, and stormwater encountered during remediation activities. This includes performing sampling and laboratory analysis of all collected water to determine appropriate discharge or disposal methods in accordance with environmental regulations, and providing all necessary labor, equipment, and materials to execute water discharge or disposal operations in compliance with all applicable environmental standards and project specifications.

Hazardous concentrations of Contaminants of Concern (COCs) may be encountered during remediation/response actions completed under this Contract. Prior to transport, the Contractor shall execute soil stabilization and treatment processes to ensure concentrations of COCs meet specified Class I or Class II non-hazardous waste disposal criteria, as applicable. The Contractor must secure and maintain all necessary permits and licenses required for the legal transportation and disposal of these materials throughout the duration of the project. For waste transport, the Contractor shall submit for Owner approval a comprehensive list of all waste transporters, including their names, EPA and TCEQ identification numbers, contact information, and proof of liability insurance for each entity.

Detailed documentation for all proposed transport vehicles and equipment must be provided, including a complete list of types and sizes, and a specification of the specific waste material classifications each vehicle is permitted and equipped to handle. The Contractor shall maintain accurate weight documentation for all transported waste materials based on certified landfill scale tickets, ensuring all disposal activities are recorded on oƯicial manifests.

Regarding site restoration and earthwork, the Contractor shall place and compact all backfill and clean fill materials in 8-inch maximum lifts to achieve a minimum of 95% of maximum density per ASTM D 698, while maintaining moisture content within -1 to +3 percent of optimum. Clean fill materials shall be documented with laboratory analytical data. The Contractor shall conduct and document all required compaction testing through a third-party laboratory, providing results to the Owner and performing rework at no additional cost if density requirements are not met. Comprehensive site restoration must be performed, including soil preparation, application of appropriate grass seed, and fertilization to ensure successful vegetation establishment across all disturbed areas. The Contractor shall implement erosion control and surface runoƯ reduction measures as part of the restoration process to stabilize the site post-remediation in accordance with the City of Dallas Stormwater Drainage System Code, including a uniform perennial vegetative cover (grass) with a density of 70 percent establish over unpaved areas and areas not covered by permanent structures.

The Contractor shall develop and implement a comprehensive Site Safety and Health Plan to protect personnel and the public throughout the duration of the remediation project. To prevent unauthorized access and protect the public from construction hazards, the Contractor shall furnish, erect, and maintain site perimeter security, including fencing, Click or tap here to enter text. 7 of 20 barricades, and illuminated danger signals. SuƯicient security personnel must be provided to monitor the site, manage entrance gates, and maintain logs of all vehicles and personnel entering or leaving the property. A mandatory site access control system shall be implemented requiring all personnel to display proper identification and sign in and out upon entry and departure. The Contractor is responsible for the security and protection of all on-site equipment, vehicles, field oƯices, and facilities until the project is formally accepted by the Owner, including the maintenance of on-site heavy equipment and the repair and maintenance of site entrance gates.

The Contractor shall submit a comprehensive list of all heavy equipment and machinery proposed for use on the project, including specific types, sizes, and intended functions for each unit. To ensure administrative compliance, all project deliverables, including laboratory analysis reports, waste manifests, and daily activity logs, shall be submitted to the Owner within 48 hours of task completion.

2.3 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 2 business days. The awarded contractor shall respond to phone calls and emails from the City within 24 hours of receipt.

2.4 Commencement Date

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

2.5 Performance Measures

The Contractor shall submit all project deliverables, including laboratory analysis reports, waste manifests, and daily activity logs, to the City within 48 hours of task completion.

Compliance with technical specifications, including soil compaction density and moisture content standards, shall be verified through third-party laboratory testing; any results falling below the 95% maximum density requirement shall necessitate immediate rework at the expense of the Contractor. The City will monitor project performance through regular reviews of site security logs, equipment maintenance records, and adherence to the approved Site Safety and Health Plan. Failure to maintain accurate documentation or failure to adhere to the Texas Risk Reduction Program and Texas Commission on Environmental Quality regulations will be considered a breach of performance standards and may result in the withholding of progress payments until corrective actions are verified.

2.6 Service Completion Schedule

The services for the initial task order shall commence upon the issuance of the Notice to Proceed, with all site remediation, stabilization, and restoration activities to be completed within 90 calendar days. The Contractor must achieve the following project milestones: site mobilization and security installation within 7 calendar days of NTP; completion of all soil excavation, stabilization, and disposal tasks by 90 calendar days of mobilization; and final site restoration, including

Click or tap here to enter text. 8 of 20 successful vegetation establishment, by 30 calendar days of completion of excavation and disposal. All project deliverables, including laboratory analysis reports, waste manifests, and daily activity logs, are required to be submitted to the City within 48 hours of the completion of each respective task. Service Completion Schedules will be developed and agreed upon for other individual task orders issued under this Contract.

2.7 Service Warranty

All services provided under this contract shall be warranted to be free from poor workmanship, planning and materials, which aƯect 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.

2.8 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.

2.9 Bonding Requirements

The successful contractor will also be required to provide the required performance and/or payment bonds, as described in Attachment C

3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Proposers

Proposals will only be considered from Proposers who have been established in the business of providing comprehensive environmental remediation, soil excavation, and site restoration services for a minimum of 5 years. If requested, Proposers shall provide a minimum of 3 references and/or other documentation demonstrating minimum qualifications. Proposals 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 Proposal Submittal Requirements

Proposal will be structured and formatted as follows.

Proposals shall be organized into distinct sections to facilitate a comprehensive evaluation, beginning with a cover letter and an executive summary that highlights the firm's experience and project approach. The technical proposal must include a detailed project management plan, a comprehensive site safety and health strategy, and a description of the proposed

Click or tap here to enter text. 9 of 20 logistics for waste management and site security. Proposers must clearly define their methodology for excavation, soil stabilization, and restoration, ensuring all proposed equipment and personnel qualifications are explicitly detailed. The submission shall conclude with a separate section containing all required administrative documentation, including current permits, certifications, and a summary of proposed subconsultants or waste disposal partners, ensuring all information is presented in a logical, indexed format that corresponds directly to the evaluation criteria.

3.3 Proposal Submission Documents

Proposers must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form

CIQ

Local Preference AƯidavit OPS-31 Living Wage AƯidavit OPS-3 SBE AƯidavit BEH-FRM-602.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Utilization Plan & Commitment to Local Economic Impact BEH-FRM-605.SAW Engagement Score & Past Commitment Form BEH-FRM-606.SAW SBE Good Faith EƯort 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

3.4 Development Costs

Neither the City or its representatives shall be liable for any expenses incurred in connection with preparing a response to this solicitation. Respondents are encouraged to prepare their proposals simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the solicitation.

3.5 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. Proposers shall indicate in their proposal 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 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 Evaluation Criteria

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An evaluation committee will evaluate aspects of the proposal based on the criteria outlined below.

Technical Approach and Schedule 30 Points o Points will be awarded based on the proposer's demonstrated understanding of the project requirements, technical execution methodology, construction sequencing, risk mitigation measures, and the feasibility and realism of the proposed project schedule. Preference will be given to proposals that demonstrate a thorough understanding of the work, provide a well-conceived and technically sound approach, and present an achievable schedule that supports the project objectives. Points will be awarded based on approach and achievable schedule.

o .

Key Personnel and Relevant Prior Experience 25 Points o The most highly qualified proposer receives the maximum points for the criterion.

o The remaining proposers receive portions of the maximum points based on their qualifications.

Cost: 20 Points o The proposer with the lowest cost receives the maximum points for the cost criterion.

o The remaining proposers receive a proportion of the maximum points based on their bid amount relative to the lowest bid.

Developing Regional & Inclusive Vendor Enterprises (DRIVE) Plan…………………20 Points o 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.

o Evaluation points shall be awarded as follows:

SBE Utilization – up to 8 points

Proposed SBE Commitment First-time Contracting

Local Economic Impact – up to 6 points Local Workforce Local Supply Chain Usage Local Community Investment

Engagement Score – up to 6 points Past Subcontractor Utilization Documented Engagement EƯorts Past Timely Payments to Subcontractors o As a prerequisite for City Council award, the contractor must demonstrate and document its good faith eƯort (GFE) to meet the established participation goal. Any apparent most advantageous proposer 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.”

Local Preference ...................................................................................................... 5 Points o The City’s Local Preference Program values the participation of companies who have their principal place of business in the City and who hire City residents.

Click or tap here to enter text. 11 of 20 o The information shall be submitted in the proposal. To receive the points a supplier must satisfy one of the following:

Proof of principal place of business located in the City of Dallas, OR Proof of local workforce composition including:

At least 100 full time employees who are Dallas residents: OR At least 20% of its total full-time employees who are Dallas residents;

OR

If available, participation in Workforce Development Program

4.2 Award Method

The City’s intent is to award this solicitation to the highest ranked proposer 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 proposals and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late proposals will not be considered for award. An award will only be made to a Proposer that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.3 Opening of Proposals

The City will open proposals during the bid reading. proposal 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 proposal tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

4.4 Review for Responsiveness

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

4.5 Evaluation of Proposals

Proposals determined to be responsive and responsible will be evaluated in accordance with criteria stated in this RFCSP. Proposers considered reasonably qualified under these criteria may be invited to participate in discussions, interviews, or presentations to further clarify their submissions.

4.6 Best and Final OƯers (BAFO)

If discussions or interviews are conducted, the City may request Best and Final OƯers. Such requests will specify:

That this is the opportunity to submit a Best and Final OƯer;

The date and time for submission;

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That modifications must be received by the deadline to be considered; and Any changes to the proposal requirements.

4.7 Selection for Negotiation

After evaluating proposals and any Best and Final OƯers, the City may identify the proposer(s) whose submission is most advantageous, considering evaluation factors. The City may then begin negotiations with the highest-ranked proposer(s).

4.8 Negotiation Process

If negotiations with the highest-ranked proposer(s) are unsuccessful, the City may discontinue discussions and begin negotiations with the next highest-ranked proposer. This process may continue until a contract is executed or the City determines that no acceptable proposal exists.

4.9 Reservation of Rights

The City reserves the right to reject any or all proposals or to award a contract based solely on initial submissions, without discussion or clarifications. Each proposal should therefore reflect the proposer’s best terms from both a technical and pricing standpoint. Only proposers submitting a proposal will receive communications after the RFCSP submission due date.

4.10 Rejection or Acceptance of Proposals

This solicitation does not commit the City to award a Contract. The City reserves the right to reject any and all proposals, to waive technicalities or irregularities, and to accept any proposal 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 Proposer to sign the necessary Contract documents prepared by the City Attorney’s OƯice. If applicable, a sample Contract is included as an attachment. Proposers must take exception to any term of the Contract to which it will not agree in its proposal.

4.11 Late, Modified, or Withdrawn Proposals

proposals 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. proposals may be modified at any time prior to the Submission Due Date and Time. If a proposal is modified, it must be resubmitted by the Submission Due Date and Time to be responsive. proposals may be withdrawn at any time prior to the Submission Due Date and Time. Withdrawn proposals may be resubmitted prior to the Submission Due Date and Time. No Proposals may be modified or withdrawn after the Submission Due Date and Time without forfeiture of the Bid Security, if any.

4.12 Disqualification of Proposers

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

4.12.1 Reason to believe collusion exists among the Proposers.

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4.12.2 The Proposer is involved in any litigation against the City.

4.12.3 The Proposer 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

The Contract or Agreement will be for an initial term of 3 years The City reserves the right not to oƯer 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 Quantity (ID/IQ) service price agreement contract. An oƯicial 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 total contract amount is estimated to be $3,000,000.00. Payments will be issued based on actual need.

The Contractor will base its proposal 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

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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

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 eƯective date of such termination.

5.10 Performance Measures & Contract Management

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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

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 staƯ 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 TBD

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith eƯort (GFE) to meet the established participation goal. Any apparent Proposer 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.”

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6.1.3 Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

6.2 Equal Employment Opportunity/Nondiscrimination

The selected Proposer shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or aƯiliations, 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; layoƯ 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 Proposer agrees to defend, indemnify and hold the City, its oƯicers, 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, suƯered by any person or persons, that may arise out of or be occasioned by the selected Proposer’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 Proposer, its oƯicers, 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 oƯicers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Proposer 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 oƯicial 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 oƯicial or employee. Any violation of this section shall constitute malfeasance in oƯice, and any city oƯicial or employee guilty thereof shall there by forfeit the city oƯicial’s or employee’s oƯice 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.

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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.

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 oƯicial 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 Proposers recommended by City staƯ 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 Proposer will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/filinginfo/1295/, and submit a copy to the procurement specialist before the contract information will be sent to the City Attorney’s OƯice 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 staƯ 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 aƯecting 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

Click or tap here to enter text. 18 of 20 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 request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a proposal, the Proposer shall, upon request, immediately furnish suƯicient 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 eƯective 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

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"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, staƯing 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 Proposers 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 Proposers shall thoroughly familiarize themselves with the provisions of these Specifications.

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

7.5 A proposal may be disqualified if the corporation or individual Proposer 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, Proposers 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 services under the Contract, state that all qualified applicants will receive

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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 eƯects 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 C. Bonding Requirements D. Price Schedule Table E. Plans and Specifications for DFE Tract CL-119