1-CIZ25-TRN-3183 - RFB Project B.pdf

REQUEST FOR BIDS

GENERAL NOTES, SPECIAL

PROVISIONS, AND BID FORMS

FOR

Bike Lanes Safety Improvement Program

Construction Project B

Contract No. CIZ25-TRN-3183

DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

TRANSPORTATION PLANNING DIVISION

CITY OF DALLAS

STATE OF TEXAS

CIZ25-TRN-3183

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TABLE OF CONTENTS

A1. DESCRIPTION OF PROJECT

A2. PLANS, SPECIFICATIONS, AND DETAILS

A3. BID PRICES, AWARD, AND SUBMISSIONS

A4. CONTRACT TIME & LIQUIDATED DAMAGES

A5. PRE-BID MEETING

A6. QUALIFICATIONS OF BIDDERS

A7. INVOICE AND BOND REQUIREMENTS

A8. INSURANCE

A9. WAGE RATES

A10. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

A11. DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

A12. HAZARDOUS CHEMICALS AT THE JOB SITE

A13. ENVIRONMENTAL POLICY

A14. CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY

A15. CONSTRUCTION STAKES

A16. FORMS SECTION

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A1. DESCRIPTION OF PROJECT

The intent of this Request for Bids (RFB) is to establish a construction service contract for the Bike Lane Safety Improvement Construction Project B, which includes the following two (2) locations: South Harwood Street, Main Street to Beaumont Street (0.81 miles) and Commerce Street, Cesar Chavez Boulevard to Good Latimer Expressway (0.23 miles).

Mapsco Page (s): N/A Dallas Council District (s): 14

The project specifications are outlined and detailed in the approved Plan Set that is available in Euna as a separate file in this RFB package.

The existing bike lane facilities will be upgraded from buffered bike lanes to physically separated bike lanes by adding a concrete median within the buffer space that exists between the travel lane and the bike lane. Striping and signage will also be restored or added along these facilities to improve the visibility of the bike lanes.

A2. PLANS, SPECIFICATIONS, AND DETAILS

Electronic copies of the Plans, profiles, specifications, and other details are available for download at the City of Dallas’ solicitation website at:

https://account.bonfirehub.com/login?flow=35b0c5d3-3889-4d66-bfbd-b2c4875ee2b8

The plans will reference the specifications and requirements described herein.

Standards used for this project consist of: Department of Public Works Standard Construction Details, City of Dallas, 251D; City of Dallas 2011 Barricade Manual;

City of Dallas 2020 General Traffic Signal Construction Specifications; City of Dallas Street Design Manual, September 2019, and other relevant design standards as identified in the plans.

Links to specs:

https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx

A3. BID PRICES, AWARD, AND SUBMISSIONS

Vendors shall submit a unit cost for each line item to be considered responsive. The prices bid shall be firm for the entire length of the service contract. Bid prices shall be all inclusive to include, but not limited to, shipping, handling, procurement, and labor of all products listed in this bid.

This bid will be awarded in its entirety to the lowest responsible and responsive bidder that meets the specifications as outlined in this Bid. Bid sheet shall be tabbed and shall be located behind the signature page. The successful bidder will be required to enter into the City’s contract similar to the sample contract provided. The contract will reflect https://account.bonfirehub.com/login?flow=35b0c5d3-3889-4d66-bfbd-b2c4875ee2b8 https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx

City of Dallas RFB 4 | P a g e the City’s standard terms and conditions and will be tailored to this procurement and completed by the City Attorney's Office. No contract is binding until it has been approved, as to form, by the City Attorney and executed by the City Manager.

To be considered responsive, all bid responses must be submitted electronically through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com by the due date and time indicated in the solicitation. All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their cashier's check or acceptable Bidder's Bond, payable to the City of Dallas in an amount of not less than five percent (5.0%) of the total Bid submitted. 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. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a 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.

All addenda and any additional applicable correspondence (general information, questions/responses) to this bid will be made available “exclusively” through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com for viewing/retrieval

at. Contractors are solely responsible for frequently checking the website for updates to the solicitation.

Addenda to this solicitation can be located at the following City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com, and all Addenda must be signed as acknowledged and submitted with the Bid.

A4. CONTRACT TIME & LIQUIDATED DAMAGES

By the submission of a Project Bid for this work, the Contractor shall evidence and warrant that he is capable and in agreement with performing this work within the allotted Calendar Days from the date specified in the Service Contract.

A total of 157 Calendar Days are allowed for the Project. A Calendar Day is defined as any successive day of the week, month, or year, no days excluded.

Restricted Workdays

The Average Lost Days to weather conditions applicable to this Contract are estimated as follows: Average Lost Time per Month (Calendar Days) https://dallascityhall.bonfirehub.com/

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January (8) February (6) March (6) April (8) May (6) June (4) July (4) August (4) September (6) October (6) November (6) December (8)

The Average Lost Days to the City of Dallas’ legal holidays applicable to this Contract are as follow in accordance to the COD 2021 Addendum 101.0 - Legal Holidays:

City of Dallas’ Legal Holidays New Year’s Day January 1 Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Indigenous People’s Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Friday after Thanksgiving Day Christmas Day December 25

The Contractor is not allowed to work on these holidays unless a special written permission is provided by the TPW Director upon a special working request. Christmas Day, Thanksgiving Days, and the days before each holiday are excluded from the request. Any holiday that falls on a Saturday or Sunday will be observed the weekday before or after the weekend day.

Delay

Upon the discretion of the City Project Manager, the Contractor will be credited calendar days for construction time, lost due to conflicts and design errors. The Contractor shall submit a claim for such time extension to the Project Manager in writing within seven days from and after the time when the alleged cause of delay shall have occurred.

Liquidated Damages

The time of completion is the essence of this Service Contract. For each calendar day that any work shall remain uncompleted after the time specified in the Proposal and the Contract, or the increased time granted by the City, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum of $1,000.00 per calendar day USD shall be deducted from the monies due to the Contractor.

The sum of money thus deducted for such delay, failure, or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable;

liquidated damages, per day that the Contractor shall be in default after the time

City of Dallas RFB 6 | P a g e stipulated in the Contract for completing the work. The said amounts are fixed and agreed upon by and between the City and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would sustain; and said amounts are agreed to be the amount of damages which the City would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this Contract; and if said monies be insufficient to cover the amount owing, then the Contractor or its Surety shall pay any additional amounts due.

In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages.

A5. PRE-BID MEETING

During the solicitation process, Bidders are required to limit their communication regarding this Project to the Buyer referenced herein. A Pre-Bid meeting may be held by the City, whereby the Bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The Pre-Bid meeting would be the only time when Bidders and requesting department(s) will communicate directly;

thereafter, all communication associated with this Project shall be addressed to the assigned Buyer. Bidders must submit their questions electronically through the City of Dallas’ solicitation website at: https://dallascityhall.bonfirehub.com

A Pre-bid meeting will be held at 9:30 a.m. (CST) on Thursday, December 11, 2025, via

Microsoft Teams:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM 3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302- 852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2- 873be84477ab%22%7d

Call-in Information (audio only): 1-469-217-7604; Meeting ID 296 035 337#

Bidders are encouraged to attend the pre-bid meeting to discuss any questions with Department representative(s). This will be the only contact between the bidder and the Department during the bidding process. After the pre-bid meeting, all correspondence shall go through Euna.

All Pre-bid questions must be received in writing through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com no later than 5:00 PM on Monday, December 15, 2025. The City will issue a Final Addendum no later than 5:00 PM on Thursday, December 18, 2025, to address all questions received through Euna.

If the bidder does not ask questions or clarify assumptions, the City will assume the bidder(s) agree(s) with, and understand(s), the City’s requirements.

https://dallascityhall.bonfirehub.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302-852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2-873be84477ab%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302-852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2-873be84477ab%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302-852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2-873be84477ab%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302-852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2-873be84477ab%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTNlZGRlMmEtMmMxOS00OWU3LTg4OWItNzk4OGZmZjczMTM3%40thread.v2/0?context=%7b%22Tid%22%3a%222935709e-c10c-4809-a302-852d369f8700%22%2c%22Oid%22%3a%223406d393-e868-4cce-88b2-873be84477ab%22%7d

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If information of a significant nature comes out of this meeting, it will be incorporated into an addendum and will be posted online through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com.

A6. QUALIFICATION OF BIDDERS

The evaluation of bids for construction projects will be based on five major areas:

1. The contractor's financial capability to support the project.

2. The contractor's capability to complete the project in terms of experience with projects of similar nature and scope.

3. The contractor's concern for safety as evidenced by OSHA safety record and City staff inspection reports.

4. The contractor's prior performance on City and other projects.

5. The contractor’s concern for environmental stewardship as evidenced by the

Environmental Record Affidavit and City staff inspection reports.

1. Contractor's Financial Capability

For contracts requiring payment and performance bonds, the contractor's financial capability to undertake a project will be determined by the contractor's ability to secure bonding satisfactory to the City and other relevant financial information the City may possess or acquire. Bonding that is satisfactory to the City is limited to those sureties listed in the Federal Register as companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies; the surety must not exceed bonding capacity set by the Department of the Treasury. Exceptions to the Federal Register list requirement may be approved in appropriate circumstances, but only with the consent of Risk Management and the City Attorney's Office.

2. Contractor's Experience

The experience record must reflect the experience of the firm in work of the same nature and similar magnitude as that of the project for which bids have been received, and such experience must have been on projects completed within the last three years prior to the date on which bids are received. Resumes of key personnel to be assigned to the project must be provided with current project assignments listed. There shall be no current litigation against the City by the contract or by the City against the contractor.

3. Contractor's Safety Record

The contractor's OSHA Safety record shall reflect no more than six serious violations, none of which may be repeats, or three willful violations, none of which may be repeats, in the preceding three years. Similar safety violations noted in City construction inspection reports will be considered the same as an OSHA violation.

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4. Contractor's Prior Performance

The contractor's post-construction evaluations on the prior work for the City must reflect a record of having:

1. A satisfactory record of paying subcontractors and suppliers on time.

2. Provided timely and accurate scheduling information as required by the contract documents.

3. Provided a quality of work consistent with the contract documents.

4. Protected the public during the construction of the project.

5. Corrected deficiencies in a timely and satisfactory manner.

6. Responded to warranty problems in a timely and satisfactory manner.

7. Provided insurance updates and notices.

8. Provided subcontractor submittal to the City for approval prior to the start of construction.

9. No record of unsubstantiated or unreasonable claims filed.

10. Completed the project within the time allotted by the contract documents.

If the contractor has had no prior experience with the City, references relating to past performance will be obtained and verified.

5. Contractor’s Environmental Record

Notices of Violation and Notices of Enforcement received by the contractor; and, the compliance history of the contractor will be considered as evidence of their concern for environmental stewardship. The contractor’s record must reflect a satisfactory record of compliance with environmental rules and policy. Similar environmental violations noted in City construction inspection reports will also be considered.

A7. INVOICE AND BOND REQUIREMENTS

The monthly invoices submitted by the CONTRACTOR shall be in accordance with COD 2021 Addendum 109.5.1 – MONTHLY ESTIMATE, and shall include the Invoice Summary Sheet provided by the OWNER. The Summary Sheet shall be submitted electronically and in hardcopy. Contractor shall provide a weekly update upon request by the Project Manager at no additional cost to the Owner.

See Special Provision A30 - FORMS SECTION for estimate format.

See Special Provision A22 - MONTHLY QUANTITIES AND TIME CHARGES for the quantity verification and time to be submitted with the invoice.

A8. INSURANCE

The State requires - Contractors to comply with the following new Rule, 28 -TAC 110.110, effective September 1, 1994:

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A. Definitions:

Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-2, TWCC-83, or TWCC-84.), showing statutory workers’ compensation insurance coverage for the person’s or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.

This includes, without limitation, independent contractors, Subcontractors, leasing companies, motor carriers, - owner-operators, employees of any such entity, or 'employees of any entity which furnishes persons to provide services on the project.

"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project.

"Services" - does not include activities unrelated to the projects, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage 'agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage, has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage f or all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of

City of Dallas RFB 10 | P a g e coverage showing extension of coverage, if -the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts- and filing of any coverage agreements, which meets the statutory requirements of Texas Labor. Code, Section 401.011(44) for all of its employees providing services on -the project, for the duration of the project;

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project;

(3) provide the contractor, -prior to the end of the coverage period, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends- during the duration of the project;

(4) obtain -from each other person with whom contracts, -and provide to the contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, City of Dallas RFB 11 | P a g e within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of -any person -providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers, compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and, that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from-the governmental entity.

A9. WAGE RATES

The selected bidder shall pay workers performing Work under this Contract the current Davis Bacon Wage Rates, published online by the U.S. Department of Labor, attached hereto, pursuant to and adopted by the Dallas City Council Resolution No. 21-0907 on May 26, 2021. If the Davis Bacon Wage Rates are lower than the City's current living wage, the selected bidder shall pay workers the City's current living wage of $23.06 per hour, pursuant to Dallas City Council Resolution 15-2141 adopted on November 10, 2015. The higher wage shall be the minimum acceptable rates of per diem wages for public works contracts, including public building construction and highway/heavy construction contracts.

Pursuant to Chapter 2258 of the Government Code, the selected bidder shall pay a penalty of sixty dollars ($60.00) to the City for each worker performing work under this Contract, for each calendar day, or portion thereof, such worker is paid less than the said stipulated Davis Bacon Wage rates for any Work performed under the Contract, by the Contractor, or by any subcontractor.

Refer to the Davis-Bacon Wage Rates for Highway Construction projects except for activities or milestones that has Water and Sewer Lines /Utilities, including any related tunneling work where the tunnel is 48” or less in diameter, where the Davis-Bacon Wage Rates for Heavy Construction projects would apply.

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A10. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

All construction contracts entered into by the city involving the expenditure of more than $10,000.00 of city funds and all contracts for the procurement of goods and competitively bid services involving an expenditure of more than $50,000 of city funds shall incorporate an equal employment opportunity clause, which shall read as follows:

(1) The contractor shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, age, color, religion, sex, or national origin. This action shall include, but not be limited to, the following:

(A) employment, upgrading, demotion, or transfer;

(B) recruitment or recruitment advertising;

(C) layoff or termination;

(D) rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(2) The contractor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the city setting forth the provisions of the nondiscrimination clause described in Subsection (1) of this section.

(3) The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor state that every qualified applicant will receive consideration for employment without regard to race, age, color, religion, sex, or national origin.

(4) The contractor shall furnish all information and reports required by the City

Manager and shall permit the City Manager to investigate the contractor's payrolls and personnel records that pertain to current contracts with the city for purposes of ascertaining compliance with this equal employment opportunity clause.

(5) The contractor shall file compliance reports with the city as may be required by the

City Manager. Compliance reports must:

(A) be filed within the required time period;

(B) contain information as to the employment practices, policies, programs, and statistics of the contractor; and

(C) be in the form that the City Manager prescribes.

(6) If the Contractor fails to comply with this equal employment opportunity clause, it is agreed that the city at its option, may do either or both of the following:

(A) cancel, terminate, or suspend the contract in whole or in part.

(B) declare the contractor ineligible for further city contracts until the contractor is

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Each bidder will be required to comply with Chapter 15B, "Equal Employment Opportunity Contract Compliance", of the Dallas City Code, as amended.

A11. DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

I. In the interest of job safety and to protect the general public, other contractors and the Owner's employees from the consequences of accidents that are caused by worker abuse of controlled substances on City construction projects, the bidder certifies by submission of its bid that it will make a good faith effort to maintain a drug-free jobsite, and also certifies that to further this objective it will:

(a) Establish a controlled substance abuse program that will test for controlled substance use:

(1) employees utilized by the bidder on this project in safety-sensitive positions; for purposes of this provision, a "safety-sensitive" position is a position performed at the jobsite which, if performed by a person impaired by the effects of a controlled substance, would or could: (i) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (ii) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question;

(2) employees when there is a reasonable suspicion that an employee is using a controlled substance on the jobsite, or off the jobsite in a manner that affects jobsite performance;

(3) employees as part of a voluntary drug testing program; or

(4) employees as part of or as a follow-up to counseling for or rehabilitation from abuse of a controlled substance;

(b) establish a program that will test an employee utilized by the bidder on this project in a safety-sensitive position when there is a reasonable suspicion that the employee is impaired by the effects of alcohol on the jobsite; for purposes of this provision, a safety-sensitive position is a position performed at the jobsite which, if performed by a person impaired by the effects of alcohol, would or could: (1) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (2) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question.

(c) publish a statement notifying employees that the unlawful manufacture, City of Dallas RFB 14 | P a g e distribution, selling, dispensing, possession or use of a controlled substance is prohibited on the jobsite and specifying the actions that will be taken against employees for violations of such prohibitions;

(d) establish a drug-free awareness program to inform employees about the dangers of drug abuse on the jobsite, about the bidder's policy regarding a drug-free jobsite, about available counseling and rehabilitation programs, and about the penalties that may be imposed upon employees for drug abuse violations occurring on the jobsite; and

(e) provide a copy of the statement required by subsection (c) to all employees of the bidder who will be involved in performance of the Contract.

II. Employees who test positive for controlled substance use in one of the tests conducted pursuant to paragraph I.(a), or who are impaired by the effects of alcohol on the jobsite pursuant to paragraph I.(b), shall be considered unfit for purposes of Item 108.4 of the Standard Specifications for Public Works Construction, dated November 2017, as amended.

III. For purposes of Section I. above, the term "controlled substance" means a drug, substance or immediate precursor listed in Schedules I through V of Subchapter 2 or Penalty Groups 1 through 4 of Subchapter 4 of the Controlled Substances Act, Article 4476-15, Texas Revised Civil Statutes.

IV. The bidder shall be solely responsible for the maintenance and administration of the program required in Section I. above. Nothing in these provisions shall be construed on the Owner's part as authorizing, permitting or requiring the bidder to engage in conduct that is in violation of the United States or Texas constitutions, that is otherwise illegal or that otherwise constitutes an unreasonable or unlawful invasion of privacy under Texas or federal law.

A12. HAZARDOUS CHEMICALS AT THE JOB SITE

(a) For purposes of this Special Provision, the term "hazardous chemical" means any substance, whether in liquid, solid or gaseous form, that is defined or regulated as a toxic or hazardous substance under any State or Federal law or regulation. For general information purposes, lists of hazardous chemicals are provided in the following regulations or publications:

1. 29 CFR 1910.1000, Subpart Z, Toxic and Hazardous Substances (OSHA)

2. Threshold Limit Values for Chemical Substances and Physical Agents in the

Work Environment (ACGIH)

3. National Toxicology Program (NTP), Annual Report on Carcinogens

4. International Agency for Research on Cancer (IARC), Monographs

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5. Regulated by OSHA as a Carcinogen

These lists should not be considered all-inclusive.

(b) The Contractor is solely responsible for the proper use, handling, storage and disposal of all hazardous chemicals in the course of performance of construction work. The Contractor shall fully comply with all applicable State and Federal laws and regulations relating to the use, handling, storage and disposal of hazardous chemicals. The Contractor must comply with the following protocol with respect to hazardous chemicals before commencement of and during construction:

1. The Contractor shall submit a list of all hazardous chemicals to be used on the site to the City Construction Superintendent describing the intended usage.

2. The Contractor shall provide a written hazardous communication program to the City in compliance with the OSHA Standard set out in 29 C.F.R. 1910.1200.

3. The Contractor shall label properly all hazardous chemicals used on the site with appropriate warnings.

4. The Contractor shall provide Material Safety Data Sheets (MSDS) on all hazardous chemicals to be used on the site, and duplicate copies of the MSDS shall be maintained by the Contractor at the job site for the duration of the project.

5. The Contractor shall train its employees in the information and implementation of the Written Hazardous Communication Program before the start of construction and before any new hazardous chemicals are introduced into the work site.

6. All State and Federal laws and regulations shall otherwise apply in the use, storage, handling and disposal of hazardous chemicals.

(c) CONTRACTOR EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE FOR THE

DETERMINATION AS TO WHETHER HAZARDOUS CHEMICALS SHALL

ACTUALLY BE USED ON THE PROJECT SITE, AND FOR ANY RESULT FROM

THE USE, HANDLING, STORAGE OR DISPOSAL OF HAZARDOUS CHEMICALS,

AND SHALL INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS THE

OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE ENGINEER

AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES,

COSTS OR EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH),

PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF

DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, OR FOR

VIOLATIONS OF APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS

RELATING TO THE HAZARDOUS CHEMICALS, AS THE RESULT OF THE USE,

HANDLING, STORAGE OR DISPOSAL OF THE HAZARDOUS CHEMICALS BY

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THE CONTRACTOR OR ANY SUBCONTRACTOR OR THE FAILURE OF THE

CONTRACTOR OR ANY SUBCONTRACTOR TO COMPLY WITH THE TERMS OF

THIS SPECIAL PROVISION, REGARDLESS OF WHETHER SAID USE,

HANDLING, STORAGE OR DISPOSAL WAS NEGLIGENT OR NOT, AND

REGARDLESS OF WHETHER THE DAMAGE, INJURY OR VIOLATION WAS

CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE

OWNER, ITS OFFICERS, AGENTS OR EMPLOYEES, OR THE ENGINEER. IN

THE EVENT OF CONFLICT WITH ANY OTHER INDEMNITY PARAGRAPH IN

THIS CONTRACT, THIS PARAGRAPH CONTROLS. THIS INDEMNITY

PARAGRAPH IS INTENDED SOLELY FOR THE BENEFIT OF THE PARTIES

HERETO AND IS NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,

CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THE

CONTRACTOR SHALL FURNISH THE OWNER AND ENGINEER WITH

EVIDENCE OF INSURANCE SUFFICIENT TO COVER POSSIBLE DAMAGE OR

INJURY, WHICH INSURANCE SHALL EITHER INCLUDE THE OWNER AND

ENGINEER AS ADDITIONAL INSUREDS OR BE OF SUCH CHARACTER AS TO

FULLY PROTECT THE OWNER AND ENGINEER.

A13. ENVIRONMENTAL POLICY

The City of Dallas is committed to environmental stewardship and compliance with all federal, state, and local environmental regulations. As a City Contractor, we expect your commitment to the same. The City of Dallas has resources to assist you in your environmental initiatives and concerns which can be found at:

https://dallascityhall.com/departments/OEQ/Pages/contractors.aspx

City contractors/vendors shall review, sign, and submit the Environmental Record Affidavit (Form 24, Section A-29) to the Project Manager or appropriate City of Dallas staff before beginning work.

It is the contractor/vendor’s responsibility to communicate the environmental commitment outlined in this document to its affected employees and/or subcontractors associated with this work.

Green Purchasing

City contractors/vendors must recognize the importance of exercising positive environmental stewardship while purchasing products for use on City of Dallas contracts. Purchasing environmentally friendly products can reduce costs, minimize environmental legal requirements, decrease human health concerns, and minimize environmental impacts and risks. There are numerous products on the market today which reduce environmental impacts without additional cost. The Dallas City Council passed a resolution (04-1722) on May 26, 2004, affirming that the City will (1) purchase environmentally preferred products, whenever feasible and (2) require contractors and consultants to use recycled and other environmentally preferred https://dallascityhall.com/departments/OEQ/Pages/contractors.aspx

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Air Quality and Ozone

The City of Dallas is located in a non-attainment area for ozone. Emissions from vehicles and construction equipment exacerbate air quality issues in our region.

Contractors may receive information regarding Air Pollution Watch and Warnings by signing up for email notification at www.tceq.state.tx.us. Your bid specifications may also require you to submit a Clean Air Plan to the City of Dallas for your activities. To every extent possible, Contractors and representatives should comply with the following:

a. Refuel vehicles after 3:00 p.m. or as late in the afternoon as possible. (The only exception to this policy is an emergency response vehicle which may be refueled as necessary to maintain readiness.) DO NOT top off your fuel tank.

b. Schedule meetings requiring vehicle trips after 10:00 a.m. or as late in the afternoon as possible.

c. Restrict the use of paints, solvents, cleaners, or other chemicals containing volatile organic compounds (VOCs) until after 10:00 a.m.

d. Encourage employees to use public transportation or car pool, when possible, to and from work.

e. Limit idling of all vehicles to less than five minutes. (Note: The City of Dallas passed an “anti-idling” ordinance prohibiting motor vehicles weighing more than 14,000 pounds from idling over five minutes from April 1 – October 31 of any calendar year.

City code pertaining to this ordinance can be referenced in Chapter 5A – 15 and Chapter 30 -1 of the Dallas City Code.)

Material Safety Data Sheets (MSDS)

The MSDS is used to relay important information concerning a chemical to its user or other interested parties, such as spill responders or fire fighters. MSDSs must be available for review by employees during their work shift, and must be kept at the facility at all times while the chemical is in use or stored at that facility. MSDSs are readily available from the chemical manufacturers or suppliers and generally can be obtained through the manufacturer’s web site.

MSDSs for chemicals used on the City’s property need to be provided to the City of Dallas Project Manager or appropriate City of Dallas staff before work can begin or before the chemical is brought onsite.

Environmental Notices of Enforcement (NOE) and Notices of Violation (NOV)

The City must be notified of any NOEs or NOVs received in the last three years. Refer to Form 24, Section A-29, for instructions on submitting environmental law violation documents. If a NOV or NOE is issued while doing City work, then the contractor http://www.tceq.state.tx.us/

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Endangered Species

The Endangered Species Act is a regulation program established for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains the list of 632 endangered species (326 are plants) and 190 threatened species (78 are plants). If an endangered species or nesting birds are uncovered during construction, immediately stop work and notify your City Project Manager or appropriate City of Dallas staff.

Wetland Regulatory Authority

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands.

Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects.

Section 404 requires a permit before any dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities). City of Dallas contractors are required to comply with Section 404 of the Clean Water Act and any associated permit requirements. If, during construction, a wetland is encountered, avoid the wetland and immediately notify your City Project Manager.

Three Commitments of the City of Dallas’ Environmental Policy

A. Compliance B. Continued Improvement C. Pollution Prevention

A14. CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY

See Item Number 303.3.6.COD: Cement Used on Public Projects - Sustainable Air Quality, as shown in the COD 2021 Addendum.

A15. CONSTRUCTION STAKES

See COD 2021 Addendum 105.4 – CONSTRUCTION STAKES

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A16. FORMS SECTION (see Exhibit A – standalone attachment)

Contractor's MUST submit their completed and signed BID Sheet along with Forms 1 through 9, Form 1295, Form 1-0001, and OPS-BID-FRM-640. Incomplete submittal packages may cause the contractor's BID submittal to be rejected as nonresponsive. ALL addendums published through the life of the open procurement must also be signed and submitted as part of the BID package.

• BID Tabs (completed and MUST be signed (excel and PDF version available)

• Time of Completion (completed and MUST be signed)

• Bid Bond – Form 1

• Cashier’s Check or attached Bid Bond, payable to the City of Dallas in an amount not less than 5% of the total Bid submitted must accompany the Bid.

City reserves the right to reject any or all Bids.

• NOTE: Using another Form of Bid Bond other than the one included in these Specifications may result in rejection of your Bid.

• Form 1295

• Conflict of Interest Form – Form 2

• Non-Collusion Affidavit – Form 3

• Disclosure of Lobbying Activities – Form 4

• Prohibition on Contracts with Companies Boycotting Israel & Prohibition on

Contracts with Foreign Terrorist Organizations – Acknowledgement – Form 1-

• Bidder’s Safety Affidavit – Form 5

• Environmental Record Affidavit – Form 6

• Cement Certification – Form 7

• Statement of Insurability Form – Form 8 (Insurance Requirements Included for

Reference)

• Suspension/Debarment Certification Form - Form 9

• OPS-BID-FRM-640 - Team Make-Up and Local Workforce

The Following Forms are Required Upon Request for Contract Award

• Sample Civil Construction Services Contract – Form 10

• Davis-Bacon Wage Rates – Form 11

• Sample Performance Bond – Form 12

• Sample Payment Bond – Form 13

• Street Excavation Data Form – Form 14

• Concrete/Cement Delivery Certification – Form 15

• Inspection Overtime Request Form – Form 16

• Sample Certificate of Insurance (COI) – Form 17

• Invoice Example - Form 18

• Affidavit Statement of Partial Payment and Release Rights - Form 19

• Contractor's Affidavit of Final Payment and Release - Form 20

• Quantity Verification Sheet - Form 21

• OPS-BID-FRM-240 – Contractor’s Affidavit – Schedule of Work and Actual

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Payment

Forms 10, 12, and 13 are included as samples. The City Attorney will prepare the final contract for execution. Contractor execution is required prior to the scheduled City Council Agenda Meeting for approval of award of contract. Typically, three wet signed copies are required of the contract and performance and payment bonds prior to Council approval.

*Please note, failure to submit a BID Bond, on the City's provided BID Bond form (Form 1) or the appropriate allowed alternative (see note under BID Bond above), WILL result in the rejection of bid as per NCTCOG Standard Specifications 5th Edition - 2021 Addendum.