2-01 Specifications.pdf

City of Dallas

Request for Competitive Sealed Proposals (RFCSP)

Project Title: SCADA Repair, Parts, & Support Service for Water, Wastewater and Stormwater

Buyer Solicitation Number: BCZ26-00028582 http://www.dallascitynews.net/

I. Introduction, Purpose and Intent

The purpose of this specification is to establish a thirty six (36) month Indefinite Delivery/

Indefinite Quantity (ID/IQ) service agreement for (1) parts repair, replacement parts, software support, and programming of the City’s ALERT system and (2) parts, repair, replacement parts software support and server upgrades of the City’s Water Treatment Plants, Water Pumping &

Distribution, Water Collection, Wastewater Treatment Plants and Stormwater operations. ID/IQ agreement is established when quantities of services and/or delivery schedules cannot be determined. Services under this agreement will be ordered on an as needed basis for the term of the agreement.

II. Pre-Proposal Meeting Schedule, Questions, and Inquiries

During the solicitation process proposers are required to limit their communication regarding this project to the Buyer referenced herein. A preproposal meeting will be held by the City whereby the proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically; the City will respond to all questions by way of 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.

III. Proposal Submittal Requirements

The City has established the following Minimum Qualifications for ALL proposers to this

RFCSP. Proposers who do not meet all the Minimum Qualifications defined in this section will not be considered. The City, in its sole discretion, will determine if a Proposer meets the qualifications and will base the decision on the information included in the Proposer’s proposal submitted as well as through investigations conducted by City staff.

The City will review the proposals submitted by all Proposers. On the basis of the relative importance of the price and other evaluation criteria as listed in Section 20.0, the City will determine which proposals are reasonably qualified. The City may, at any time, investigate a

Proposer’s ability to perform the work. The City may ask for additional information about a company and its work on previous contracts.

Proposers may choose not to submit information in reply to the City’s requests; however, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal.

The City is interested in understanding previous experience in performing similar or comparable work with current or previous support models; with current or past; business and technical organization; staffing and personnel turnover (especially in technical areas); customer lists;

https://dallascityhall.bonfirehub.com/login financial statement of resources for most current and previous two (2) years; or other relevant information.

1. Minimum of five (5) years performing similar scoped work and project management.

2. Solution partner with five (5) years of experience in providing end-to-end solutions to government entities or corporation.

3. Minimum five (5) years of experience implementing, monitoring & supporting solutions for government or private entities similar in size as the

City of Dallas.

4. Five (5) years of experience performing disaster recovery planning; and

5. Ability to obtain the required performance bond.

6. Proposers should not be in default or arrearage under any previous or existing contract(s) with the City, the State or any other political subdivision of the

State of Texas. The City reserves the right to disqualify any Proposer, or any constituent entity of Proposer, that has pending litigation, claims or debt with the City, or if such proposal includes a proposed sub-contractor.

7. All contract employees utilized under this contract shall be employed directly by the Successful Proposer to which the contract is awarded and/or its contracted sub-contractors.

8. A fully qualified labor force shall be on board at the beginning of the contract and maintained throughout the duration of this contract. All contract employees shall receive close and continuous first line supervision by the

Successful Proposer.

9. Each employee of the Successful Proposer shall be a citizen of the United

States of America, or an alien who has been lawfully admitted for permanent residence, as evidenced by Alien Registration Receipt Card or who presents other evidence from the US Bureau of Citizenship and Immigration Service that employment will not affect his or her immigration status. Acceptable evidence shall consist of a Birth Certificate and appropriate naturalization papers. Each contract employee shall be a minimum of 18 years of age.

Vendors shall state the company’s procedures used to verify the legal status of contract employees and the authenticity of documents provided by employees.

Vendors shall submit these procedures with their response to the solicitation.

Note: Violation of the specified age requirement and/or employment of an undocumented alien shall be just cause for contract termination. Any contract employee who violates this requirement will be removed from City contracts.

10. The Successful Proposer shall conduct a screening/background check on each contract employee prior to being assigned to work in any capacity at a City facility. The Successful Proposer shall notify the City of felony and misdemeanor background checks obtained from the Dallas County Clerk defining the findings of their screening/background checks. The City reserves the right to instruct the Successful Proposer to remove any contract employee upon review of the employment information form and/or findings of the screening process. The Successful Proposer shall maintain and provide the

City of Dallas a current contract employee list showing all contract employees assigned to work under this contract. The Successful Proposer shall immediately report any changes to the contract employee listing and shall furnish information reflecting the changes as they occur. Successful Proposer agrees that all contract employees shall submit to and pass a police background investigation report, a drug test and/or a polygraph examination upon request. Note: The cost associated with the required background check is the responsibility of the potential awarded vendor and shall not be passed on to potential contract employee or the City.

11. Please be aware that the City may use sources of information not supplied by the Proposer concerning the abilities to perform this work. Such sources may include, for instance, current or past customers of the organization; current or past suppliers; articles from data processing, communications and related publications; articles from other published sources such as industry newsletters or from non-published sources made available to the City.

12. The successful proposer should be in an established business for five (5) years or more. If requested, proposer proposers must provide references to provide proof of five (5) or more years of business.

13. The proposer should be capable to provide technical support should be available on a 24x7, 365 days basis. The bid should include costing for different levels of support if available.

14. All Proposal documents must be submitted electronically through the Bonfire solicitation portal by the due date and time provided on the solicitation portal.

15. No modifications will be accepted after the proposal submission date and time unless requested by the City.

16. Faxed or emailed responses are not acceptable, only through the Bonfire solicitation portal.

Due to the very specialized nature of this work, each proposal shall demonstrate the proposing team’s competence in performing the work described herein by submitting evidence of at least five (5) years of experience in the installation, maintenance, programming, and repair of SCADA/HMI systems and field instrumentation/PLCs in large, diversified water, stormwater and/or wastewater systems. References should include the company name, address, phone number and contact name of a person who can and will discuss the nature of the bidder’s work for their firm. The proposer should submit a complete professional profile (resume) of all key personnel who are likely to work on this contract.

Documentation should outline their education, training, certifications, licenses and experience related to the scope of work as contained in these specifications.

The proposer shall assure the following staff to perform the SCADA programming and maintenance, but not limited to:

• Senior Application Specialist I, requires a minimum of twelve (12) years of experience in

SCADA maintenance and programming,

• Senior Application Specialist II, requires a minimum of twelve (12) years of experience in the following SCADA areas:

o NIST ICS 800-82 knowledge and familiarity o SCADA Networking, including network troubleshooting with complex network communication equipment, tools and operations o SCADA security concepts and principles based on industry standards o SCADA security operations including Access Controls and authorizations in relation to ICS environments o SCADA physical security concepts o Familiarity with Microsoft Visio or other network map generation tool

• Application Specialist III, requires a minimum of four (4) years of experience in SCADA maintenance programming,

• Application Specialist IV, requires a minimum of two (2) years of experience in SCADA maintenance programming,

• Field Technician Specialist, requires a minimum of four (4) years of experience in PLCs installation and troubleshooting

IV. Scope of Work

5.1 Functional Requirements

The contractor(s) must be able to provide SCADA support services for existing SCADA equipment as per the following requirements.

GROUP 1A AND 1B – STORMWATER OPERATIONS ALERT REPAIR SERVICE

The contractor(s) must be able to provide ALERT repair service for existing ALERT equipment.

Upon receipt of damaged ALERT equipment, the contractor must provide a written report outlining the needed repairs & problems, estimated time for repairs and an estimated cost of the repairs (parts, labor, and other associated expenses) within seven (7) workdays.

All repairs must meet or exceed the original equipment manufacturers (OEM) specifications and comply with appropriate Instituted Standards. The material of construction shall be equal to or exceed the original design parameters.

GROUP 2 - STORMWATER OPERATIONS SCADA REPAIR SERVICE

The contractor(s) must be able to provide SCADA repair service for existing SCADA equipment. Upon receipt of damaged SCADA equipment, the contractor must provide a written report outlining the repairs needed & problems, estimated time for repairs and an estimated cost of the repairs (parts, labor, and other associated expenses) within two (2) workdays.

All repairs must meet or exceed the original equipment manufacturers (OEM) specifications and comply with appropriate institute standards. The material of construction shall be equal to or exceed the original design parameters.

The stormwater system consists of:

1. Levee pump stations:

1.1. Rochester Stormwater Pump station with a capacity of 38 million gallons per day.

1.2. Able 3 Stormwater Pump station with a capacity of 1303 million gallons per day.

1.3. New Baker Stormwater Pump station with a capacity of 585 million gallons per day.

1.4. Baker 3 Stormwater Pump station with a capacity of 1017 million gallons per day.

1.5. Old Hampton Stormwater Pump station with a capacity of 292 million gallons per day.

1.6. New Hampton Stormwater Pump station with a capacity of 585 million gallons per day.

1.7. Charlie Stormwater Pump station with a capacity of 124 million gallons per day.

1.8. Pavaho Stormwater Pump station with a capacity of 118 million gallons per day.

1.9. Pavaho 2 Stormwater Pump station with a capacity of 549 million gallons per day.

1.10. Delta Stormwater Pump station with a capacity of 130 million gallons per day.

2. Various gates and other subsystems

GROUP 3 – WATER/WASTEWATER OPERATIONS, PUMPING, DISTRIBUTION,

AND COLLECTION SCADA SUPPORT SERVICES

The water treatment system consists of:

1. Three large water treatment plants:

1.1. Eastside Water Treatment Plant with a capacity of 440 million gallons per day.

1.2. Elm Fork Water Treatment Plant with a capacity of 330 million gallons per day.

1.3. Bachman Water Treatment Plant with a capacity of 150 million gallons per day.

2. Water distribution and pumping, which consists of 26 pumps stations, 6 chlorine booster stations, storage tanks (9 above ground and 10 underground), 22 customer cities vaults, and pressure points.

The wastewater treatment consists of:

1. Wastewater Collection system, which consists of over 4,000 miles of wastewater mains (from 6” to 120” in diameter). SCADA system on the collection system has been applied to two major diversion structures: Sunbeam diversion structure and Five-mile diversion structure. It also includes fifteen lift stations.

1. Two large wastewater treatment plants:

2.1 Central Wastewater Treatment Plant (WWTP) with a permitted flow of 170

MGD

2.2 Southside WWTP with a permitted flow of 110 MGD. Each DWU division utilizes a SCADA system to automatically monitor and control operations.

Stormwater SCADA needs are addressed in Group 1 and 2 of this RFCSP. This section of

RFCSP for stormwater is only to meet their needs of non-SCADA and rest such as PLCs, RTUs etc. support and maintenance.

Each DWU facility utilizes a SCADA system to automatically monitor and control its operations.

4.1.2 SCADA Software Support Services.

These services may include, but not be limited to:

1.1. SCADA Services:

1.1.1. SCADA and controls system, programming, networking, and commission for new/existing equipment

1.1.2. SCADA project management services

1.1.3. Advice on software upgrades and performance of those upgrades, licensing,

1.1.4. Making changes to the SCADA system

1.1.5. Reports as defined by the Owner,

1.1.6. Electrical instrumentation and control systems installation and startup support

1.1.7. Inspection of SCADA equipment,

1.1.8. SCADA security support and evaluations in compliance with local, state and federal guidelines

1.1.9. SCADA system trouble shooting

1.1.10. Coordinate with city staff related to services

1.1.11. Provide training to Owner’s personnel,

1.1.12. Including providing PLC programming training as needed,

1.1.13. Assist in documenting existing programs,

1.1.14. Provide related technical assistance as required and defined by the Owner.

1.1.15. New project integration

1.1.16. Communication and network systems support

1.1.17. Data storage/historian coordination/programming

1.1.18. PLC and HMI Programming

1.1.19. Communication and network systems support

1.1.20. Other services as needed to sustain SCADA system

1.1.21. Cradlepoint, Peplink, and FIRSTNET maintenance and support

1.1.22. Provide assessment of existing deployment to align with Department

Homeland Security best practice standards

1.2. Services to modify existing or create new control schemes within PLCs.

1.3. Services to modify existing or create new SCADA graphics.

1.4. Services to furnish, replace, and install Original Equipment Manufacturer (OEM) hardware related to overall performance of the SCADA systems as needed to effect software repairs. Provide necessary hardware items to maintain continued

SCADA operations. This includes but is not limited to:

1.4.1. PLC (Programmable Logic Controller) Hardware

1.4.2. RTU (Remote Terminal Unit) Hardware

1.4.3. Servers

1.4.4. SCADA cards (all major manufacturers)

1.4.5. Network components

1.4.6. SCADA Parts (all major manufacturers)

1.4.7. Monitors

1.4.8. SCADA Node (Licensed)/Workstation

1.4.9. Devices to manually store or collect data for SCADA system use

1.4.10. Other communication devices/equipment as needed to remotely monitor and/or control industrial processes at facilities

1.4.11. Other communication services as needed to remotely monitor and or control industrial process hardware at facilities

The owner will work with the Vendor to clarify the specific need based on the goal or project objective.

1.5. Services to furnish licenses, provide support, upgrade/replace, install, and configure SCADA related software. This will include but is not limited to the following:

1.5.1. PLC Programming and Configuration Software

1.5.2. RTU Programming and Configuration Software

1.5.3. Database Historians

1.5.4. Security Software

1.5.5. Secure webhosted data analytics services

1.5.6. GE Intelligent Platform software (Ifix, Etc.)

1.5.7. Ignition and Miser platform software

1.5.8. Schneider OASys

1.5.9. Other software as needed to sustain/improve data collection, monitoring, system control or data evaluation.

1.6. Coordination with the Owner and other consultants on SCADA needs associated with new equipment installations.

1.7. Planned or emergency services as listed below:

1.7.1. Planned service is defined as work that is scheduled in advance with an agreement between the Vendor and the Owner on a reasonable start date for services. It is anticipated that the planned service will be scheduled a maximum of five business days in advance. During normal business hours, the Owner shall contact the Contractor’s primary or backup contacts to request support services. Once an understanding of the problem is described to the Vendor, the appropriate resources will be gathered, and a response will be provided to the Owner within one business day of the initial call to schedule the requested services. Training of Owner’s personnel shall fall under planned service.

1.7.2. Emergency servic

1.7.3. e is defined as work that is required without any notice and requires immediate (within 2 hours) response by the Vendor.

1.7.3.1. The Owner’s staff will perform initial diagnosis of the problem and repair it if it is within their level of expertise.

1.7.3.2. At the Owner’s discretion, the Vendor will be contacted for telephone assistance. The Owner will indicate to the Vendor the relative urgency of the problem and/or email a description of the problem and what efforts have been made to resolve the problem.

1.7.3.3. The Vendor will attempt to diagnose the problem via telephone, online resources or by connecting via telephone to the SCADA system, where possible.

1.7.3.4. If the Vendor cannot diagnose the problem remotely, the Vendor will visit the Plant site for detailed diagnosis.

1.7.3.5. During normal business hours, the Owner shall contact the

Vendor’s primary and/or backup contact to request emergency services.

1.7.3.6. Outside of normal business hours, the Owner shall contact the

Vendor’s support personnel directly by accessing the cellular phones of the primary and/or backup contacts. A representative of the Vendor shall return the call of the Owner within two hours of the initial call. If onsite support is required, the Vendor shall provide onsite support within eight hours of the initial call. If stormwater related, the Vendor shall provide onsite support within 4 hours of the initial call.

Each Owner’s request for support will result in a minimum assessment of one hour. Each onsite visit by Vendor’s personnel will result in a minimum assessment of four hours. Additionally, for emergency services, the amount of time for onsite support services shall include travel time to and from the facility.

Scheduled support shall not incur travel time charges to and from the facility.

1.8. Provide a quarterly report to Owner that shows the ongoing and upcoming projects within each appropriate division. Also note the estimated cost per task, funds used and funds remaining within the contract.

1.9. The City will have the following responsibilities

1.9.1. Each facility will provide enhanced security tools, protocols and processes to enable secured authorization and access to each SCADA facility.

Authorization and access may include Physical Access, Logical Access, and/or Remote Access with appropriate security controls that include but not limited to:

1.9.1.1. Multiple media for identity validation

1.9.1.2. Restrictions on allowable periods to access network

1.9.1.3. Restrictions on access to control network

1.9.1.4. Validation and security checks for all individuals prior to approvals to access each SCADA facility

1.9.2. Provide a means for remote access, if available, into the various SCADA systems on an as-needed basis.

1.9.3. Provide access to the facilities Control System(s), including passwords.

1.9.4. Provide access to Owner’s vendor support network including access numbers, contact numbers, etc.

1.9.5. Provide a single point of contact for each division to oversee, coordinate and distribute the number of hours utilized.

1.9.6. Assume responsibility for impact to any existing warranties for equipment on which the Owner directs the Vendor to perform services.

5.2 Technical Requirements

The Vendor is requested to provide information on all the below sections, once not applicable should be stated and a reason for not responding to any section(s) should be stated)

The Technical Requirements are constructed to correlate to the City of Dallas Technology

Reference Architecture (TRA) and to determine a Proposers’ ability to provide Technical capabilities. When proposing a response to this RFCSP, the Proposer must address all subsections of the Technical Requirements for the proposed solutions and services supporting

City of Dallas needs. Technical Requirements are provided as an appendice to this RFCSP.

Proposers are expected to respond to each of the statements in the Technical appendice and the detailed TRA Checklist.

Equipment Requirements

Only Original Equipment Manufacturers (OEM) direct replacement approved parts are acceptable. Repair parts are not interchangeable between different brands of systems. All parts and equipment listed in the specifications and bid sheet shall be obtained from the Original

Equipment Manufacturers for all brands listed.

5.2.1 City of Dallas Technology Reference Architecture (TRA)

The TRA is a compact, comprehensive, abstract illustration of the technology components and business processes supporting City operations. The TRA has been developed to provide guidance on how solutions should deploy and operate within the City’s Information Technology

(IT) environment. The TRA serves as a reference for the specific architectures that Proposers may implement to solve City business objectives.

The TRA is composed of six interrelated domains and provides the foundation for the delivery of service to the City of Dallas. For more information pertaining to the TRA, Proposers are encouraged to visit the Department of Communication and Information Services webpage at dallascityhall.com.

The TRA is shown in Appendix A.

5.2.1.1 Technology Reference Architecture (TRA) Checklist

Proposers are required to complete a City of Dallas Technology Reference Architecture (TRA)

Checklist as part of their proposal response. The TRA Checklist assists the City in understanding the scope, capabilities, technical implementation and deployment features of the proposed solution. The TRA Checklist is located on the City’s website at:

https://dallascityhall.com/departments/ciservices/Pages/enterprise-architecture.aspx

5.2.2 Technical Requirements Domain

Proposers are required to respond to technical requirements pertaining to the domains of

• Data Management.

• Application Management

• Infrastructure Management (including Server and Network Services)

• Security Management

• Service Management

• Program Management

• Disaster Recovery and Business Continuity Management

Proposers are encouraged to reference the diagram for the City of Dallas Technical Reference

Architecture displayed in Appendix A of this document. A discussion of the City’s security and privacy environment is provided in Appendix B. Standards necessary for supporting technical requirements are noted in Appendix C of this document.

5.2.3 Methods of Delivery

The Proposer is expected to provide the City information on all the following delivery options for the considered solution and other possible methods of delivery:

5.2.3.1 Premise-based

The City encourages the Proposer to present a premise-based solution; all servers will be provided by the Proposer, installed at City location(s) and maintained as part of the enterprise.

The solution (all hardware and software) is owned by City and is often viewed as a capital expense. Cities maintain control of the servers and maintain their security.

5.2.3.2 SaaS (Software as a Service)

The City encourages the Proposer to present a SaaS, an on-demand and a hosted model. In this case the Provider licenses an application that is hosted at a remote location (i.e., Network

Operations Center) to customers through a subscription model, generally a monthly or yearly fee.

This approach can also take into consideration a “cloud computing” model where all of the technology is in the “cloud” and accessed over the Internet as a service.

5.2.3.3 Hybrid Model

The City encourages the Proposer(s) to present a hybrid model in which the solution (hardware / software) is hosted at the City location and the provider will perform the day-to-day responsibility of managing (maintain and support) the software/hardware for the City. The management of the solution could be either through onsite presence or remote. The provider’s expertise and experience in this subject area is important for more efficient operations.

The City encourages the Proposer(s) to share details on all 3 approaches. and other additional approaches that meet the City’s functional needs. All proposed approaches should meet the

City’s technical requirements and the data centric architecture approach. At all points the City of

Dallas will have ownership of its data and should be able to access or be provided with the required data to support the proposed service or other services deemed necessary to access the information. If otherwise the vendor should state the reasons (functional and technical), as to why they cannot meet the City’s requirements.

5.2.4 Platform Administration/ Professional Service

The proposer is expected to provide the City with platform administration (maintain & Run).

System administration and maintenance of implemented platform, as well as the addition of new software components if needed, is expected to be provided by the proposer based on the method of delivery (Section 2.2.3) adopted.

5.2.5 Data Management

The proposer is expected to provide the City with details on their approach to the following Data

Management areas:

• Data Governance

• Data Quality

• Data Security

• Data Operations

Please refer Appendix for City’s Data Management Strategy.

V. Communication

In order to provide the customer service required, proposer(s) shall respond quickly and clearly, this is essential for the City. Proposer shall answer written correspondence from the City within

48 hours (2) working days; proposer shall have a company employee (no answering machine or service) answering the phone during normal business hours or provide either a mobile phone or pager number. Phone messages left with personnel must be returned within twenty-four (24) hours.

VI. Commencement Date

This agreement will commence upon City Council approval.

VII. Award Method

The City’s intent is to award this solicitation 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 solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

VIII. Location and Invoicing

The City shall pay invoices in 30 days. In order 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:

• Name and address of the department for which services were provided

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

• Date of order or Service

• Detailed description of each service

• Price goods or services (charges for all services covered by this contract are to be separately stated and explained

• Total cost of goods/services

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 this procedure risk having the contract with the City cancelled.

IV. Evaluation Criteria

The evaluation criteria is relatively standard, consult with the buyer if changes are required to be made to this section.

1. Experience – 35 points

Satisfactory company background based off the submittal requirements: only references, and financial statements as well as qualifications and experience in the delivery, installation, and maintenance of the System. Demonstrated successful experience on similar type projects in organizations the size and complexity of the

City of Dallas will be favored. Understanding of needs and the ability to offer alternatives and new approaches to the City of Dallas. Leadership and sustainable position in the relevant technical market place. Quality of Project Plan and Project

Team.

2. Approach – 30 points

Proposed plan for meeting service requirements and rationale. Plans for managing the projects and sub-projects (maintain SCADA at various locations), including sub vendors, and plans for meeting work project reporting requirements. Quality control plan and methodology to ensure compliance with, and achievement of, scope of work/services tasks. Demonstration of holistic approach in regard to software maintenance and upgrade and security patches.

3. Cost and Timeframe – 30 points

The City will review the proposals submitted by allv Proposers based on the cost and other requirements listed above. The timeframe is also defined in the scope of work. As this contract is for a specific time period, no other timeframe is required.

3. Local Preference Program- 5 points

4.1 The City of Dallas aims to maximize economic return in the procurement of goods and service with the Local Preference Program. 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. 5 points will be awarded to those Suppliers that qualify for the local Preference points on a pass/fail basis.

4.2 The information shall be submitted in the proposal. In order to receive the points a supplier must satisfy one of the following:

4.2.1 Proof of principal place of business located in the City of Dallas; OR

4.2.2 Proof of local workforce composition including:

4.2.3 At least 100 full time employees who are Dallas residents; OR

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

4.2.5 If available, participation in Workforce Development Program

X. Requested Documents

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-06, State Form CIQ)

3. Living Wage Affidavit (OPS-3)

4. Workforce Composition Form (OPS-640)

5. Sample Contract with markups

6. Any other City documents as required

7. Sample Contract for Services

XI. Opening of Proposals

The City will open proposals during the bid reading. Proposer names will be publicly read at the bid reading which takes place at 2:00 p.m. on the Friday after the RFCSP closes on Bonfire and can be viewed on the City’s website.

It is the responsibility of the proposer to clearly mark and identify all portions of the proposal, which, in the proposer’s opinion, contain trade secrets, confidential information and other proprietary information. All proposals are subject to the Texas Open Records

Act process.

XII. Review of Proposals

1. The City will review and evaluate the proposals submitted to determine if submitted proposals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFCSP. Proposers will be notified by the buyer as to the location and times of presentations, if necessary.

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the Proposal. The City may also seek clarification from the referenced

Proposers about any financial and experience issues.

3. Please be aware that the City of Dallas may use sources of information not supplied by the proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of

Dallas.

XIII. Proposal Pricing

1. Proposed pricing shall be firm for the entire contract. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as proposed will not be paid by the City, regardless of the intentions of the proposer when the proposal was submitted and regardless that those costs were actually incurred.

XIV. Insurance

1. The successful contractor will be required to purchase, within fifteen days of the award, and maintain, during the term of the contract, insurance as described in Attachment 1 and agrees to the indemnification agreement therein and required performance and payment bond. The successful bidder(s) shall procure and keep in full force and effect for the duration of the contract liability insurance that complies with all applicable Federal, State and local laws.

XV. Discussion with Reasonably Qualified Proposals

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the proposers determined by the evaluation criteria to be reasonably viable to being selected for the award. If discussions or interviews are held, the buyer may request the best and final offers. The request for best and final offers may include:

• Notice that this is the opportunity to submit written best and final offers

• Notice of the date and time for submission of the best and final offer

• Notice that if any modification is submitted, it shall be received by the date and time specified or it will not be considered

• Notice of any changes in the Proposal requirements

2. Following evaluation of the best and final offers, purchasing may select for negotiations the offer that is most advantageous to the City, considering price or cost and the evaluation factors in the RFCSP.

3. After the most advantageous proposer(s) has been identified, Contract negotiations may commence. If at any time Contract negotiation activities are judged to be ineffective, Office of Procurement Services will cease all activities with the proposer and begin

Contract negotiations with the next highest ranked proposer. This process may continue until either both the proposer and Office of Procurement Services executes a completed

Contract or Office of Procurement Services determines that no acceptable alternative proposal exists.

4. The City reserves the right to reject any or all proposals received or to award, without discussions or clarifications, a Contract based on initial proposals received. Therefore, each proposal should contain the Proposer’s best terms from a price and technical standpoint. Also, only the proposers submitting a proposal will be notified of any communications after the RFCSP closing.

XVI. Rejection or Acceptance of Proposals

1. This RFCSP does not commit the City to award any Contract. The City reserves the right to reject any or all proposals, to waive technicalities or irregularities, and to accept any proposal it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFCSP.

2. The City will require the recommended proposer to sign the necessary Contract documents prepared by the City Attorney's Office. A sample Contract is included as an attachment. Proposer must take exception to any term of the Contract to which it will not agree in its proposal.

XVII. Late and Withdrawn Proposals

Proposals are required to be submitted electronically at using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XVIII. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. 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 the award. Respondents who include information in a proposal 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 proposal

“trade secret” or “confidential” at the appropriate place. If a request is made under the Texas

Open Records Act to inspect information designated as trade secret or confidential in a proposal, the Proposer shall, upon request, immediately furnish 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.

XIX. Disqualification of Proposers

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

• Reason to believe collusion exists among the proposers

• The proposer is involved in any litigation against the City of Dallas

• The proposer is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XX. Permits Required by Law

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

XXI. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These https://dallascityhall.bonfirehub.com/login records shall be retained for a minimum of two years after the conclusion of the Contract. The

City reserves the right to audit any records it deems necessary for the execution of this Contract

XXII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of 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.

XXIII. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

• Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors.

• Contractor attempts to assign the Contract without the prior written consent of the City.

• Contractor shall fail to perform, keep or observe any term, provision or covenant of the

Contract; or

• Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City or its Facility in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default.

If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction 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: 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.

XXIV. Termination

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

XXV. Miscellaneous

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

2. Proposers shall submit with the Proposal, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Proposers shall thoroughly familiarize themselves with the provisions of these Specifications and the Facilities.

4. The City reserves the right to reject all Proposals and to waive any minor irregularities.

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

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. 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.

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.

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.

10. 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.

XXVI. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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 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) 11HAPTER

XXII.1

XXVII. Indemnity

The selected Proposer 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 Proposer’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Proposer, its 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 Proposer and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXVIII. Wage Floor Rate Requirement

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

2. 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. Contractor’s bidding/proposing on general service contracts shall take into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15-

2141. This requirement does not apply to construction contracts in which the 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.

3. 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.

4.