Template Number: OPS-PUB-103.PUR Version Number: 2026.03.01

City of Dallas

Request for Competitive Sealed Proposal (RFCSP)

Repairs, Maintenance & Inspections of Railroad Spurs

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Solicitation Contact:

Matthew Moore 214.243.2130 Matthew.Moore@dallas.gov

Date Issued: 10.8.2026

Pre- Proposal Conference Date & Time:

10/21/2026 3:00 PM

Microsoft Teams Meeting:

BTZ26-00031254 Repairs, Maintenance & Inspections of Railroad Spurs | 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 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

2. Scope of Work

2.1 Overview

2.2 Specifications

2.3 Communication Requirements

2.4 Commencement Date

3. Submittal Requirements

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3.1 Minimum Qualifications of Choose an item.s

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4.4 Late, Modified, or Withdrawn Bids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 Pricing

5.2 Records & Audits

5.3 Default by Contractor

5.4 Assignment of Contract

5.5 Termination

5.6 Performance Measures & Contract Management

5.7 Invoicing

6. Compliance & Regulatory Requirements

6.1 Indemnity

6.2 Conflict of Interest

6.3 Certificate of Interested Parties (Form 1295)

6.4 Permits Required by Law

6.5 Confidentiality

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 thirty-six (36) month Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for (1) Track inspections (2) Maintenance and repairs of its railroad spur track system . 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-Proposal 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-proposal 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 consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Proposer being disqualified from the procurement process.

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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 Specifications

GROUP NO. 1 - ROUTINE INSPECTION REQUIRMENTS

**Please Note: Proposers submitting proposals for services within Group No. 1 are not allowed to bid on any other group in order to maintain integrity of the proposal.

Independent Inspector: An independent/third party inspector shall perform the inspections and provide results of the inspection directly to the City in a sealed inspection report directly to the City’s representative.

During the routine inspections (for safety precautions), the independent/third party contractor must contact the City of Dallas representative when on DWU property. During routine inspections the third-party Inspector will walk the entire track system annotating all discrepancies found. The track shall be inspected/evaluated in accordance with FRA Class 1 standards. The inspection report must include the following:

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1. Submitted on the third-party Inspector’s company letter head;

2. Detailed information related to the discrepancies noted during inspection; and

3. All recommended repairs.

All recommended repairs discovered during inspections must be approved by the City of Dallas representative; no work will begin until a delivery order is issued by the City of Dallas.

Some of the locations may require additional inspection throughout the term of the contract.

GROUP NO. 2 - SERVICE REQUIRMENTS FOR LABOR

**Please Note: Proposers submitting a proposal for Group No. 2 are not allowed to bid on Group No. 1 in order to maintain integrity of the proposal.

Contractors shall be prepared to furnish a list of sub-contractors that may be utilized to perform any service that is the subject of the scope of work referenced herein. The Contractor shall furnish trained and competent professionals to perform any services.

The Contractor shall furnish all items, articles, materials, supplies, equipment, and qualified personnel necessary to perform the contracted services mentioned in these specifications. The Contractor shall execute all work in strict accordance with all local, state, and national codes, ordinances and regulations governing the work involved.

The Contractor shall be held responsible for material and/or property damages while working on City property. All damages caused by misuse, carelessness, neglect, abuse, unqualified and/or unlicensed personnel, or disappearance (theft) shall be the responsibility of the Contractor to correct and repair the damage or replace to the satisfaction of the City.

Labor rates for Group No. 2, line items 1 and 2 shall reflect: A (6)-Man Team consisting of (1)- Foreman and (5)-Laborers.

Labor rates for Group No. 2, line item 3, shall reflect an individual hourly rate. Pricing shall remain firm for the term of the contract.

GROUP NO. 2 - MATERIAL / PRODUCT REQUIREMENTS

Contractor shall use the most eƯective and versatile material that meets industries standards.

Materials used shall be of low acute mammalian toxicity and treated so that it is non-viable for insects and fungal decay, thus extending the service life of the material.

LOCATIONS

1. Central Wastewater Treatment Plant (CWWTP):

a. Address:1020 Sargent Road, Dallas, Texas

b. Length of Rail: 3,600 feet

2. East Side Water Treatment Plant:

a. Address: 405 Long Creek, Sunnyvale, Texas

b. Length of Rail: 2,300 feet

3. Elm Fork Water Treatment Plant:

a. Address: 1440 Whitlock, Carrollton, Texas

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b. Length of Rail: 2,200 feet

4. Bachman Water Treatment Plant:

a. Address: 2605 Shorecrest Dr., Dallas, Texas

b. Length of Rail: 1,450 feet

The Contractor is responsible for determining the extent of preparation required, volume of work, and conditions before submitting a proposal. The contractor shall furnish equipment, labor, tools, supervision, insurance and administration cost to perform routine inspection, maintenance and repairs to the railroad track system.

All track maintenance and repairs hereunder shall be maintained to at least Federal Railroad Administration (FRA) Class I track standards pursuant to CFR 49, Part 213 or such replacements standards as in eƯect from time to time. The Contractor shall execute all work in strict accordance with local, state, and federal codes, ordinances, and regulations governing the work involved.

The City takes citizen complaints seriously and responds to such complaints promptly. The successful proposer(s) shall not litter at jobsites and will be expected to obey posted speed limits on City property and in residential and business areas while traveling to and from jobsites.

The successful proposer(s) shall immediately correct performance issues and shall report and respond to City personnel with any known related property damage concerns which may have involved proposer(s)’s equipment and/or personnel’s actions and take appropriate action to make corrections, repair and/or replace damaged property at proposer(s)’s expense if damages are determined to be proposer(s)’s responsibility.

A. INCIDENTAL WORK:

Any relevant work, material, manpower, etc. deemed necessary to satisfactorily complete scope of work shall be considered incidental to the “major / principle” work item.

The Contractor shall be due no extra compensation for work, material, manpower, etc. unless approved in advance by the City of Dallas Management in writing, on case-by-case basis. The Contractor shall submit all information, estimate and invoice to the City of Dallas Management for approval of payment for additional work for prior approval.

TraƯic control established by the Contractor shall conform to requirements of the current “Texas Manual of Uniform TraƯic Control Devices.” The Contractor is responsible for traƯic control at no additional cost to the City of Dallas.

The Contractor shall provide as many “Flagmen” as necessary to safely patrol, watch and direct traƯic during any time work is to be done in a busy street or at an intersection at no extra cost to the City of Dallas. Use of flagmen shall not give an excuse for not putting up proper barricades, signs and warning devices. When major traƯic control setup is required, the City of Dallas TraƯic Engineer may require the submittal of traƯic control plans. Such plan shall address the specific manner in which vehicles and pedestrians safely access the area during maintenance work.

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The contractor shall plan service delivery in such manner that traƯic movement will not be unnecessarily interrupted or stopped over a long period of time and/or cause unnecessary inconvenience to the public.

At the end of the work day, intersecting streets will be made accessible to accommodate normal traƯic flow, unless prior written permission is obtained from the relevant City of Dallas Department to obstruct / divert / close the traƯic flow past working hours or to close a particular street for certain time period(s).

B. SAFETY PRECAUTIONS, LICENSES & PERMITS REQUIRED BY LAW

The Contractor shall have all permits and/or license required from the local, state and federal authorities at the time the proposal is submitted. The Contractor is responsible for and shall include all charges incurred, whether foreseen or unforeseen, for these permits, licenses and inspections.

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

Contractor shall be responsible for initiating, maintaining and supervising safety precautions required by federal, state, or local law. Contractor shall take all necessary precautions for the safety of all employees and shall provide the necessary safety equipment for each employee.

In the event there is an accident involving injury to an individual on or near the work area, the Contactor shall immediately notify Owner of the event and shall be responsible for recording the location of the event, circumstances surrounding the event and performing any necessary reporting to regulatory agencies.

C. COMMUNICATION

In order to provide the customer service required for this proposal, proposers must respond quickly and clearly, this is essential for the City. Vendors must answer email correspondence from the City within one (1) working day. A company employee (not an answering service or answering machine) shall answer the phone during normal business hours or provide an on-call cell phone number.

Phone messages must be returned within two (2) hours upon receipt of call. The awarded vendor shall be responsible for all direct correspondence with the Owner and shall not delegate communication responsibilities to anyone including sub-contractor, consultant, or manufacturer if applicable.

D. INSURANCE

The successful contractor(s) will be required to purchase, within fifteen days of award, and maintain, during the term of the contract, insurance as described in Attachment 1, and agrees to the indemnification therein.

Complete the attached from entitled “Statement of Insurability and Quote” and return it with your proposal to be deemed responsive/responsible. The awarded Contractor will be required to have continuous insurance coverage during the term of the contract and required coverage shall not lapse. Work may be stopped if valid coverage is not provided in time during the course of the contract or to cover the time extension thereof.

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E. DELIVERY REQUIREMENTS

Orders for products shall be delivered within five (5) business days after receipt of order. If the contractor is unable meet this time frame, the contractor shall notify the Contract Manager in writing or e-mail within twenty-four (24) hours of the scheduled delivery and give the new delivery date.

Orders for service shall be started within ten (10) business days after the work order has been received or as specified in the work order. If the contractor cannot meet this time frame, the contractor shall notify the Contract Manager in writing or e-mail for any job that could not be completed within twenty-four (24) hours of the scheduled completion date. The notice shall state the reason why the job was not completed and/or any extenuating circumstances and the new completion date.

Pricing quoted in the pricing sheet must include any delivery, shipping or freight charges of materials (All quotations must be F.O.B, City of Dallas and included in unit cost.); the City of Dallas will not pay shipping, delivery or freight charges.

In an Emergency, the City of Dallas may need to expedite service orders within twenty-four (24) hours of notification. For emergencies, the awarded vendor must supply estimated freight charges to the City of Dallas prior to shipping the order. Verbal orders will require acknowledgment within twenty-four (24) hours.

Awarded vendor will provide oƯ-loading of materials as part of the price bid. Materials must be placed as close as possible to specified site, unless otherwise noted. Deliveries will be required at various locations throughout the City. Frequency of deliveries varies with the seasons. The successful bidder shall coordinate deliveries to ensure a constant supply of product.

F. RECORDS & AUDIT

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 by this Contract. These records shall be retained for a minimum of two 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.

G. WARRANTY OF PARTS

All products provided shall be new and warranted to be free from defects in workmanship, design and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City’s final acceptance of the product, installation, and or service.

Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related. The warranty period will start over upon the City’s final acceptance of the repaired unit. The Contractor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that the product must be replaced the product will be returned for full credit, including any shipping charges at no additional charge to the city.

H. SERVICE WARRANTY

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All services provided under this contract shall be warranted to be free from defects in workmanship which aƯects the integrity of each repair. The warranty shall be for the industry’s customary warranty period or a period of one (1) year, whichever is greater. If the service and or materials used fails and is believed to be defective, the City of Dallas shall give written notice for additional service and repair. The Contractor shall make repairs at the Contractors expense in a manner mutually agreed upon by the City and the Contractor. The warranty will begin upon the City’s acceptance of the service provided.

I. PRICE LIST

Upon award of the proposal, the awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), by CD, e-mail, internet, or FTP (File Transfer Protocol), at no cost to the City of Dallas. Paper catalogs or Paper Price list will not be considered meeting the specifications. Please note other methods of verification will be considered on a case-by-case basis. The city must have a tangible way of verifying pricing for each delivery order as part of our auditing process. The awarded vendor must provide the pricing media for citywide usage; the information on the pricing media shall contain stock number, colors, sizes, prices and all other pertinent information to that purchase order. The awarded vendor is required to submit any revised list as soon as they obtain it; price changes will begin on the date the City of Dallas receives revised price list. The City of Dallas will not reprocess invoices that have been paid by old price lists due to the bidder’s failure to submit current price lists.

J. ESTIMATED QUANTITIES & PROPOSAL PRICING

Proposal pricing shall be firm for the entire contract. The pricing listed shall be for full compensation for all labor and equipment, and any incidental work. Pricing shall include all costs incurred, real and unforeseen, related to any service performed, including insurance and all direct cost. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract. Costs not included or calculated in the applicable unit prices as proposed will not be paid by the City, regardless of the intentions of the proposer when the proposal was submitted and regardless that those costs were actually incurred.

K. DEVELOPMENT COST

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFCSP. 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 RFCSP. The City of Dallas has listed estimated expenditures/quantities for Railroad Spur Repairs, Maintenance and Inspection Services for thirty-six (36) months. The actual estimated expenditures/quantities may be more or less than the stated amount during the term of the contract, depending on anticipated needs. The City will not be responsible for any anticipated profits or losses, by any proposer, based on the estimate. User department will place their orders on an as needed basis. Some months may have several of orders and some months may have none. Payment to the successful proposer will be based on actual service and products supplied.

2.2 Communication Requirements

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

2.3 Commencement Date

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

2.4 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.

2.5 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 Proposers

Proposals will only be considered from Proposers who have been established in the business of providing (1) Track inspections (2) Maintenance and repairs of its railroad spur track system for a minimum of 5 years. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Proposers shall provide a minimum of 5 of reference 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.

Proposers experience with similar projects in the last 3 years.

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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 of Dallas 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

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

Experience 30 Points o Briefly describe your firm’s experience with similar projects in the last 3 years.

Provide documentation showing successful repairs and maintenance. Provide documentation of inspections.

Cost: 25 Points o The proposer with the lowest bid per group receives the maximum points for the cost criterion.

BTZ26-00031254 12 of 22 o The remaining proposers receive a proportion of the maximum points based on their bid amount relative to the lowest bid.

o Quote price for each line. The unit price listed shall be for full compensation for all labor and equipment, and any incidental work. Pricing shall include all costs incurred, real and unforeseen, related to any service performed, including insurance and all direct costs.

Approach: 20 Points o Briefly describe your firm’s approach to this project. You may provide your firm’s general approach to projects of this nature; however, the approach should specifically address issues, concerns, methodology, etc. that may be important on this project and indicate your firm’s suitability for the project. Also briefly describe your firm’s history of meeting schedule deadlines on similar projects during the past 3 years.

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.

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

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.”

BTZ26-00031254 13 of 22 o Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

4.2 Award Method

The City’s intent is to award this solicitation to the highest ranked proposer by group, 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 Proposal s 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.

Group No. 1 will be awarded to an independent contractor for the railroad inspection. Remaining groups will be awarded to one contractor for repairs who demonstrates compliance with the specifications; however, the City reserves the right to award in the method that is most advantageous to the City. Proposer shall quote a price for each line in order to be considered for that group.

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 three (3) years Choose an item. 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 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

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

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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 as below.

Group 1 SBE participation goal is 14.61%

Group 2 SBE participation goas is 19.91%

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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.”

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

BTZ26-00031254 19 of 22 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.

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

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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 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…