01- Specifications-Scope of Work.pdf

Template Number: OPS-PUB-112.PUR Version Number: 2026.03.01

City of Dallas

Request for Bid (RFB)

Electrical Switchgear Repair Services

BU26-00030935

Solicitation Contact:

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

Date Issued: 8/20/2026

Pre- Bid Conference Date & Time:

9/3/2026 22:30 P.M CST

Microsoft Teams Meeting:

https://teams.microsoft.co m/l/meetup-join/19%3ameeting_NmVlYz NkZjAtMWU2NS00Nzg2LWF mNmQtM2Q1ZDA1YTUzZjM y%40thread.v2/0?context=% 7b%22Tid%22%3a%222935 709e-c10c-4809-a302- 852d369f8700%22%2c%22 Oid%22%3a%229ffce404- 32a5-45e7-a2bf-b6914690c260%22%7d

Question Due Date & Time:

9/7/2026 @12:00 P.M.

CST

Submission Due Date & Time:

9/18/2026 @1:00 P.M.

CST

Table of Contents

1. Introduction

1.1 Purpose & Intent

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1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

1.11 Local Preference

2. Scope of Work

2.1 Overview

2.2 Specifications

2.3 Communication Requirements

2.4 Commencement Date

3. Submittal Requirements

3.1 Minimum Qualifications of Bidders

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award process

4.1 Award Method

4.3 Review for Responsiveness

4.4 Rejection or Acceptance of Bids

4.5 Late, Modified, or Withdrawn Bids

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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 Firm Pricing

5.6 Records & Audits

5.7 Default by Bidder

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

6.2 Equal Employment Opportunity/Nondiscrimination

6.3 Indemnity

6.4 Conflict of Interest

6.5 Certificate of Interested Parties (Form 1295)

6.6 Permits Required by Law

6.7 Confidentiality

6.8 Wage Floor Rate Requirement

6.9 Wage Floor Reporting Requirement

6.10 Wage Floor Compliance Requirement

7. Miscellaneous

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8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Bids to establish a Three Year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for Electrical Switchgear (power systems) repair service to be utilized by the Department of Facilities Management and Dallas Water Utilities.An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Services will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

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

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

1.3 Pre-Bid Meeting

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

1.4 Questions & Communications

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

1.5 Unauthorized Communications

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

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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 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 provide the services described in this solicitation in accordance with the general conditions and specifications.

1.10 Bid Security

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

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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

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

1. The Electrical Switchgear and Repair Specifications establish the minimum requirements for materials, workmanship, repairs, installation methods, quality and performance standards for electrical switchgear services to be performed under this Request for Bids (RFB). These specifications are intended to provide Bidder(s) with precise and consistent requirements for furnishing all labor, materials, equipment, required tools, including any incidentals necessary to perform electrical switchgear and repair services as required.

2.2 Specifications

1. This specification shall cover the requirements for routine and emergency inspections, testing, troubleshooting, evaluating and the recommendations for Electrical Switchgear Repair (power systems) substation transformers, power correction equipment, VFD(s) and associated equipment, Soft Starts, and switching equipment including (ATO(s), main-tie-main (MTM) configurations, and electrical rotating apparatus under this agreement. The City departments will determine schedules and scopes of projects based on equipment and service needs. The department will notify the Bidder when services are necessary.

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2. This specification shall cover the requirements for routine and emergency inspections, testing, troubleshooting, evaluating and the recommendations for repair of electric switchgear (power systems) substation transformers, power correction equipment, VFD(s) and associated equipment, Soft Starts, and switching equipment including (ATO(s), main tie main, etc.) and (electrical rotating apparatus) Repair Services under this agreement. The City departments will determine schedules and scopes of projects based on equipment needs. The department will notify the Bidder when services are necessary.

3. Electric Switchgear: The City of Dallas Maintenance superintendents, managers or authorized personnel will notify the Bidder of any equipment that requires maintenance or repair. It is anticipated that most switchgear work will be performed on-site except for major repair projects that will require electrical repair to be performed in the Bidder’s shop. The Bidder will be responsible for picking up and delivering all equipment.

4. Electric Switchgear Repair: The Bidder shall execute all work in strict accordance with all local, state, and national codes, ordinances and regulations governing the work involved. The Bidder is responsible for obtaining all permits required by the City of Dallas, State of Texas, or any other entity or governing body. All primary and sub-Bidders’ personnel working on any City of Dallas project/equipment shall be certified and qualified to perform the services requested by the City. The City reserves the right to request copies of assigned personnel certification (if applicable), but the primary responsibility shall lie with the Bidder to provide proof of a documented certification and the level of training attained by each employee. This shall include both engineering and shop and field technical and labor staff. City of Dallas reserves the right to use OEM Factory Authorized Service Centers upon request.

5. Electric Switchgear Replacement: If it is deemed by the Bidder and concurred by the City’s user departments authorized personnel that the repairs are at least 70% or more of the replacement cost or the useful life of the unit. The replacement unit for standard service or emergency service can be purchased through the awarded Bidder (line 33 on the bid sheet), by the City’s standard bid process or from a current master agreement, whichever is most advantageous to the City will be utilized.

2.3 Communication Requirements

It is essential that the awarded Bidder respond clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within three (3) days. The awarded Bidder shall respond to phone calls and emails from the City within one (1) hour of receipt. Mail correspondence should be responded to within three (3) business days.

All Submissions must include comprehensive contact details for the designated representative, specifically: full name, direct phone number, and professional email address. Bidder must have an established Call-Customer Service number in place to accept service calls 24 hours per day, 7 days a week to include holidays and weekends. If a quote is requested for a project or additional services, it must be provided within three (3) business days.

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2.4 Commencement Date

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

3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Bidders

Bidder will only be considered from Bidders who have been established in the business of providing Electrical Switchgear (power systems) repair service for a minimum of five (5) years. If requested, Bidders shall provide a minimum of five (5) reference and/or other documentation demonstrating minimum qualifications. Bids shall be accepted from authorized providers for the requested Services. If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the Services from another source.

3.2 Bid Submission Documents

Bidders must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form CIQ Local Preference Affidavit OPS-31 Living Wage Affidavit OPS-3 SBE Affidavit BEH-FRM-602.SAW 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 Effort Documentation Form (if applicable) BEH-FRM-607.SAW

Prime Self-Performance Declaration (if applicable) BEH-FRM-609.SAW Sub Bidder Intent Form BEH-FRM-610.SAW Any other City Documents as Required

3.3 Development Costs

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

3.4 Cooperative Purchasing

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

4. EVALUATION & AWARD PROCESS

4.1 Award Method

The City’s intent is to award this solicitation to the lowest responsible bidder 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 Bids and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City.

Late Bid s will not be considered for award. An award will only be made to a Bidder that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.2 Opening of Bids

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 fails to meet the minimum requirements may be deemed non-responsive and excluded from further evaluation.

https://dallascityhall.com/government/Pages/Live.aspx

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4.4 Rejection or Acceptance of Bids

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

4.5 Late, Modified, or Withdrawn Bids

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

4.6 Disqualification of Bidders

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

4.6.1 Reason to believe collusion exists among the Bidders.

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

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

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for a term of three (3) years with One-one year renewal option. Renewals require mutual agreement. If the Contractor declines, the City may extend the contract up to 180 days for re-solicitation. The City reserves the right not to offer an extension.

5.2 Delivery Orders

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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 official Delivery Order (DO) will be issued to the Bidder for each specific order. The Bidder 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 Bidder will base its Bid amount on the estimated quantities identified in the Pricing 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 Pricing Sheet. The Bidder’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 Bidder 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 Bidder

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

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

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

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

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

In the event a default occurs, the Director shall give the Bidder 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 Bidder shall vacate the facility, if applicable, and shall have no right to further operate under the Contract. The Bidder, 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 Bidder 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 Bidder 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 Bidder shall therein cease and terminate, and the Bidder 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 Bidder. The City will compensate Bidder in accordance with the terms of the agreement for all goods delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

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

5.11 Invoicing

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

BU26-00030935 14 of 19 invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

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

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

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

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

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

5.11.6 Total cost of goods

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

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

6.1.1 The SBE participation goal for this contract is Click or tap here to enter text. TBD%.

6.1.2 As a prerequisite for City Council award, the Bidder must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent 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 Bidder’s failure to be “responsive” and/or “responsible.”

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

6.2 Equal Employment Opportunity/Nondiscrimination

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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

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 Sub Bidders, 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.

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

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

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

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

(Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11H

6.5 Certificate of Interested Parties (Form 1295)

All Bidders recommended by City staff for a contract pursuant to this solicitation will be required to comply with Section

2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. The Bidder will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/filinginfo/1295/, and submit a copy to the procurement specialist before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated;

the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the procurement specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

6.6 Permits Required by Law

Bidder 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 https://www.ethics.state.tx.us/filinginfo/1295/

BU26-00030935 17 of 19 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.

6.8 Wage Floor Rate Requirement

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

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

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

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

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

• "General Services Contract" means any agreement between the City and any other Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (I) a contract between the City and another governmental entity or public utility, (ii) a contract

BU26-00030935 18 of 19 subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

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

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

6.9 Wage Floor Reporting Requirement

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

6.10 Wage Floor Compliance Requirement

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

7. MISCELLANEOUS

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

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

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

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

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

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7.6 The Contract with the Bidder 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 Bidder agrees to abide by the rules and regulations as prescribed herein. The Bidder 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 B. Insurance Requirements