01 - Specifications.pdf

Aeration Basin Diffuser and Parts BU26-00031292 Version Number: 2026.03.01

City of Dallas

Request for Bid (RFB)

Aeration Basin Diffusers and Parts

BU26-00031292

Solicitation Contact:

Monica Williams 214-670-1878 Monica.williams@dallas.gov

Date Issued:

10/22/2026

Pre- bid Conferenc e Date & Time:

11/3/2026 10:30 AM

Microsoft Teams Meeting:

https://teams.microsoft.

com/meet/2400898847 323293?p=gj4RHK8ii3p 2mvBqnl

Question Due Date & Time:

11/6/2026 @ 4:00 PM

Submissio n Due Date & Time:

11/20/2026 @ 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

https://teams.microsoft.com/meet/2400898847323293?p=gj4RHK8ii3p2mvBqnl https://teams.microsoft.com/meet/2400898847323293?p=gj4RHK8ii3p2mvBqnl https://teams.microsoft.com/meet/2400898847323293?p=gj4RHK8ii3p2mvBqnl https://teams.microsoft.com/meet/2400898847323293?p=gj4RHK8ii3p2mvBqnl

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1.11 Local Preference

2. Scope of Work

2.1 Overview

2.2 Specifications

2.3 Communication Requirements

2.4 Commencement Date

2.5 Pricing…………………………………………………………………………………………………………8

2.6 Orders

2.7 Delivery Requirements

2.8 Returns

2.9 Warranty………………………………………………………………………………………...………….10

3. Submittal Requirements

3.1 Minimum Qualifications of Bidder

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award process

4.2 Opening of Bids

4.3 Review of Responses……………………………………………………………………………………12

4.4 Rejection or Acceptance of Bids

4.5 Late, Modified, or Withdrawn Bids

4.6 Disqualification of Bidders

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

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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

7. Miscellaneous

8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting bids to establish a five-year Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement for aeration basin diffusers and parts for use at Dallas Water Utilities treatment plants. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Goods will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

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

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

1.3 Pre-Bid Meeting

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

1.4 Questions & Communications

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

1.5 Unauthorized Communications

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

No officer, employee, agent, or representative of the Bidder shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com

BU26-00031292 5 of 18 directly or indirectly seek to influence any City Council member, City staff, or City consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process.

1.6 Addenda

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

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

1.7 Solicitation Timeline

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

1.8 Cancellation

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

1.9 General Terms & Conditions

Bidders must review the General Terms & Conditions (Attachment A) prior to submitting a bid. By submitting a bid, Bidders agrees to supply the goods described in this solicitation in accordance with the general conditions and specifications.

1.10 Bid Security

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

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

1.11 Local Preference

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

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

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

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

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

2. SCOPE OF WORK

2.1 Overview

The City of Dallas is seeking competitive bids for the procurement and delivery of aeration basin diffusers, including tubular and free-floating membrane units, to support operations across various Dallas Water Utilities treatment plants. The scope encompasses the supply of new, factory-certified equipment delivered directly to designated municipal water and wastewater facilities in accordance with established municipal delivery and invoicing procedures.

2.2 Specifications

The procured aeration basin diffusers must produce a uniform generation of fine bubbles in both circular and tubular designs, operating efficiently over a wide range of airflows while requiring minimum maintenance for long-term performance, and all products and associated materials used in potable water treatment applications must comply with applicable American Water Works Association (AWWA) standards and NSF/ANSI 61 standards for drinking water system components. The tubular diffusers specified in section A consist of a 24.5-inch-long PVC pipe with a diameter of 2.6 inches, comprising a quantity of 10,000 units, and feature a flexible membrane, stainless steel nipple, check valve system to prevent the intrusion of water and solids, and stainless-steel clamps, with an airflow rating of 2-8 SCFM or 3-14 m3/hr. The circular diffusers specified in section B consist of a quantity of 8,000 units of IFU D520, 20.08-inch diameter Free Floating Rex-Flex Membrane diffusers that consistently produce 1-3 mm fine bubbles. All diffusers offered must function as self-cleaning, non-clogging devices equipped with an integrated back-flow system. The bidder(s) must be a manufacturer or an authorized dealer/distributor and must provide an authorized dealer/distributor letter from each manufacturer upon request from the buyer or department. Bidders must provide the manufacturer name and part numbers in the electronic comment field. Substitutions are not allowed for this solicitation. Vendors can submit their substitute items for the future solicitations and must go through the approval processes by the end user.

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The supplier of the specified equipment and parts must be a manufacturer or an authorized dealer/distributor or factory-certified dealer and must provide an authorized dealer/distributor letter from each manufacturer upon request from the buyer or department.

PRODUCT

Products must be able to produce a uniform production of fine bubbles in both a circular and tubular design along with the ability to operate over a wide range of airflows with minimum maintenance for long term performance.

The tubular diffuser shown in section A:

Is a 24.5” long PVC pipe with a diameter of 2.6” which includes a flexible membrane, stainless steel nipple, and check valve system to prevent the intrusion of water and solids and stainless-steel clamps. The diffuser airflow should be rated at 2-8 SCFM / 3-14 m3/hr.

SECTION A. Complex A Aeration Basin Diffuser:

Total length of diffuser is 24.5” (Quantity of 10,000)

Diameter 2.6”

The circular diffuser shown in section B:

Is a 20.08” Diameter Free Floating Rex-Flex Membrane diffuser that can consistently produce 1-3 mm of fine bubbles. The diffusers must be self-cleaning non-clogging devices which also consist of a back-flow system.

SECTION B. Complex B Aeration Basin Diffuser:

IFU D520, 20.08” DIA. Free Floating Rex Flex Membrane (Quantity of 8000)

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2.3 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Writing correspondence from the City shall be answered within 24 hours.

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 Pricing

This agreement is all inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, delivery, including insurance, and all other direct costs. Costs not included or calculated in the Bidder’s response will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless of whether those costs were actually incurred.

The City is not responsible for applicable freight charges for returns. All other charges shall be incurred by the Contractor, and no additional charges will be allowed. Shipping is FOB destination – Dallas.

2.6 Orders

The awarded vendor must deliver all goods within sixteen weeks of order placement, with all freight and transportation charges included under a free on-board destination term to designated City of Dallas water utilities treatment plants. All shipments must be properly packaged and protected from sunlight and environmental degradation to prevent damage during transit and prolonged storage prior to installation. The vendor should maintain direct

BU26-00031292 9 of 18 customer support availability during normal business hours via a company employee rather than an automated answering service, with a mandatory twenty-four-hour callback window for any returned messages. Invoices must be submitted monthly to City Accounts Payable with a duplicate copy directed to the specific ordering facility, containing complete order details, department contact information, and itemized pricing that aligns with the established contract rates.

2.7 Delivery Requirements

Deliveries must be made within 16 weeks of order placement. All parts shall be properly protected (including protection from sunlight) so that no damage or deterioration will occur during a prolonged delay from the time of shipment until delivery and the equipment is ready for operation. Bid prices submitted shall include all freight and transportation charges and shall be FOB City of Dallas. Bids submitted stating that freight charges are included or additional and/or that FOB is other than City of Dallas or plant site shall be considered non-responsive. The awarded vendor must possess and maintain the capacity to provide the products necessary throughout the duration of this agreement. The awarded vendor must maintain adequate inventory to satisfy the account without delay in delivery times. The awarded vendor may be requested to provide samples to ensure goods meet specifications.

2.8 Returns

When the City of Dallas provides written notice of its intent to remove items believed to be defective, such notice shall be delivered to the supplier at least two weeks in advance to allow factory representatives the opportunity to schedule presence and witness the removal. Upon determination that a failure is product-related and covered under the applicable warranty, the supplier must replace the defective parts with new materials within thirty days of the determination. All replacement activities must ensure that equipment is restored to fully operational status in accordance with the original performance standards without additional cost to the City.

2.9 Warranty

All material/products provided shall be new and warrantied to be free from defects in workmanship, design, and materials. The warranty period shall be 5 years from date of installation.

If the product(s) causes failure and is believed to be defective, the City of Dallas shall give written notice, of the intent to remove the defective items, to the supplier, two (2) weeks in advance, for the supplier to schedule factory representatives to be present and witness the removal of the items.

Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related and within the warranty period.

As an authorized dealer/distributor awarded vendor will be expected to provide the manufacturer’s warranty.

3. SUBMITTAL REQUIREMENTS

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3.1 Minimum Qualifications of Bidders

Bids will only be considered from Bidders who have been established in the business of providing aeration basin diffusers and parts for Dallas Water Utilities treatment plants for a minimum of 5 years. If requested, Bidders shall provide a minimum of 5 reference and/or other documentation demonstrating authorization from the manufacturer. Bids shall be accepted from manufacturer or an authorized dealer/distributor and must provide an authorized dealer/distributor letter from each manufacturer upon request from the buyer or department for the requested goods. If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the goods from another source.

3.2 Bid Submission Documents

Bidders 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 Affidavit OPS-31 SBE Affidavit BEH-FRM-602.SAW Schedule of Work and Actual Payment BEH-FRM-603.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Good Faith Effort Documentation Form (if applicable)

BEH-FRM-607.SAW

Prime Self-Performance Declaration (if applicable)

BEH-FRM-609.SAW

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

3.3 Development Costs

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

3.4 Cooperative Purchasing

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

4. EVALUATION & AWARD PROCESS

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4.1 Award Method

The City’s intent is to award this solicitation to the lowest responsible bidder by group, for Group 1 thru 2 and by approved Brands (Wallace and Tiernan, ITT Sanitaire, Environmental Dynamics International, and SSI Aeration Industries) for Group 3 to the responsive and responsible bidder(s) with the most advantageous percentage Discount or Markup (+/-) and has demonstrated compliance with the specifications. NO substitute allowed for this solicitation. The city will calculate both the unit pricing and discount/markup (+/-) total to determine the lowest price for the respective group. 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 all Bids and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late Bid s will not be considered for award. An award will only be made to a Bidder that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

The awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), via e-mail or approved media during the recommendation phase at no cost to the City, with the bid packet. Paper catalogs or Paper Price list will not be considered meeting the specifications. Please note other methods of verification may 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 item description for citywide usage; the information for each item shall contain stock number, colors, sizes, prices, point of contact for the manufacturer, and all other pertinent information to that purchase order. The awarded vendor is required to submit any revised price list as soon as they obtain it and the 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 per old price lists due to the bidder’s failure to submit current price list.

4.2 Opening of Bids

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

4.3 Review for Responsiveness

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

4.4 Rejection or Acceptance of Bids

https://dallastx.new.swagit.com/views/113

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

4.5 Late, Modified, or Withdrawn Bids

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

4.6 Disqualification of Bidders

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

4.6.1 Reason to believe collusion exists among the Bidders.

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

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

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for a term of 5 years with no renewal option. The City reserves the right to extend or not to offer an extension.

5.2 Delivery Orders

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

5.3 Contract Type

This Contract is a Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement contract.

An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in

BU26-00031292 13 of 18 no payment. The purpose of this Contract is to establish percentages Markup/Discount (-/+) to the most advantageous percentage per deepest discount or markup when calculating the net cost from sample pricing.

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

5.4 Contract Amount

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

5.5 Firm Pricing

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

The awarded vendor is required to submit any revised price list as soon as they obtain it and the price changes will begin 30 days from the date the City of Dallas receives a revised price.

The City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit the current price list. The City of Dallas will NOT re-issue a Delivery Order (DO) due to an increase in prices after the vendor has received the DO.

5.6 Records & Audits

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

5.7 Default by Contractor

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.

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

5.8 Assignment of Contract

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

5.9 Termination

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

5.10 Performance Measures & Contract Management

The City reserves the right to cancel this agreement at any time if performance, delivery, or product quality 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:

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

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

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

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

5.11.6 Total cost of goods

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

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

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

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

6.1.1 The SBE participation goal for this contract is 6.09%.

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

6.2 Equal Employment Opportunity/Nondiscrimination

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

6.3 Indemnity

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

6.4 Conflict of Interest

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

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

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

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

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

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

BU26-00031292 17 of 18 applicable conflict of interest or ethics provisions in the state law and the Dallas City Code.

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

Nos. 2 and 9) 11H

6.5 Certificate of Interested Parties (Form 1295)

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

6.6 Permits Required by Law

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

6.7 Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. The City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a Bid, the Bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

7. MISCELLANEOUS

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

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

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

BU26-00031292 18 of 18

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

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

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

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

7.7 The Contractor agrees to abide by the rules and regulations as prescribed herein. The Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

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

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

8. ATTACHMENTS

A. General Terms and Conditions