City of Dallas

Request for Bids (RFB) Project Title: DPD Grounds Maintenance

Buyer Solicitation Number: _BX26-00030086__________ http://www.dallascitynews.net/ http://www.dallascitynews.net/�

Scope of Work

I. Introduction, Purpose and Intent The City of Dallas (the “City”) is soliciting proposals to establish a three (3) year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for grounds maintenance services at 11 separate locations. An ID/IQ agreement is established when quantities of goods/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-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will 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 will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer. Bidders 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. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically (https://dallascityhall.bonfirehub.com/login.) 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 $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. 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.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00) https://dallascityhall.bonfirehub.com/login

IV. Local Preference

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

Request for Bids

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services.

V. Scope of Work

a. Bidder’s Qualifications & References

i. Bids will only be considered from Bidders who have been in business as a Landscape Maintenance firm for a minimum of three (3) years’ experience. Upon the City’s request, Contractor will provide at least three (3) references evidencing experience (see viii.) upon request within five (5) calendar days to the Buyer. A statement of when the firm was established should be included in bid documents.

ii. The Contractor must be a full-service Landscape Management firm with expertise in landscape maintenance, design and installation, as well as irrigation maintenance, design and installation, consultation, and in-house chemical services.

iii. Equipment, Personnel, and Site Visit - A list of equipment to be used for site work may be submitted with the bid or within five (5) calendar days of request by the Buyer. An on-site inspection of Bidder’s equipment may be required prior to contract approval. Practitioners will be provided with bid documents or within five (5) calendar days upon request by the Buyer.

iv. The successful Bidder will be required to purchase and maintain, during the term of the contract, insurance as described in Attachment 1 and agrees to the indemnification agreement therein.

v. The name and license number of the Contractor’s intended Licensed Irrigator(s) may be submitted with the bid documents, or within five (5) calendar days upon request by the Buyer.

vi. The name of the Bidder’s intended Backflow Preventer Tester certified staff member or subcontractor and copy of certification may be submitted with the bid documents or must be submitted within five (5) calendar days of request by the Buyer.

vii. The Contractor shall have on staff, and maintain on staff, a minimum of one Licensed Chemical Applicator for pesticides and herbicides as licensed by the Texas Structural Pest Control Board (SPCB) and/or the Texas Department of Agriculture (TDA). The successful Bidder’s Company shall have at bid submission, and maintain for the term of the contract, the Texas Structural Pest Control Board (SPCB) and or the Texas Department of Agriculture (TDA) license. The Contractor Company license and the name and license number of applicators may be submitted with the bid documents or must be submitted within five (5) calendar days of request by the Buyer.

viii. The Contractor shall provide a minimum of three (3) business client references, with the name of the location, a reference contact name, email, and phone number, amount of contract, specific scope of work provided including frequency and acreage or applicable unit and years the client has been served by the Contractor. References may be submitted with the bid documents or must be submitted within five (5) calendar days of request by the Buyer.

ix. Contractor will check in with the Desk Sergeant or his/her designee upon arrival and prior to departure at each facility each time services are performed.

x. Contractor shall furnish the City with a copy of Safety Data Sheets (SDS) for all chemicals used on-site prior to application. The Contractor shall not proceed until they have received a written concurrence letter/memo. The Contractor will be completely responsible for supplying all equipment and materials necessary for application of chemicals and shall hold the City harmless from any injuries or damages, which may arise during the transport, preparation, application, and cleanup.

xi. All personnel assigned to the City of Dallas projects under this solicitation shall be at least eighteen (18) years of age.

b. Scope of Work - Technical Requirements

Technical requirements apply to each Group. Specific exceptions or additions are noted within each technical requirement.

i. GROUNDS MAINTENANCE (MOW, EDGE, TRIM, LITTER &

LEAF REMOVAL):

1. The Jack Evans Police Headquarters landscape site does not contain any turf lawn areas; however, all other locations have turf lawns. These lawns will be mowed with mulching mowers as scheduled per Bid Sheet, or as needed, from March through October and once monthly during November through February of each year.

Each time the lawns are mowed they will be edged and trim all grass, driveways, walkways, pathways, curbs, etc. after each mowing. This includes using an electric power trimmer to trim all areas not accessible to a mower. A power trimmer can be used around poles, signs. Trimming around buildings, trees, shrubs and flowers must be done with hand shears or equipment approved by the City Representative. No poisons are to be used around plants, shrubs or trees. There are to be no weeds or grass growing through shrubs, or in existing or future flower beds. All beds are to be kept free of litter, weeds or dead leaves and wood.

2. Clippings must be swept and bagged from sidewalks, driveways and parking lots. All clippings must be removed from premises.

Clippings, leaves, and debris will not be blown into streets, gutters or drainage areas.

3. The Jack Evans Police Headquarters landscape irrigation system uses water from an underground stream that is pumped into an underground 10,000-gallon tank. The tank will water 1/2 the irrigation zones before running out. It takes at a minimum one day to refill the tank. The Contractor will need to incorporate these requirements into the schedule for irrigation operation. Any problems observed in the pump system are to be reported immediately to the Police Department representative.

4. The Jack Evans Police Headquarters does use extensive ground cover beds, shrubs, and ornamental trees. The following plants are to be maintained in the contract.

a. Ornamental Trees:

i. “Forest Pansy” Redbud

ii. Yaupon Holly (male)

b. Plants:

i. Needlepoint Holly Liriope Spicata

ii. Juniper Asian Jasmine

iii. Wax Myrtle “Big Blue” Liriope

iv. Soft Leaf Yucca “Silver Dragon” Liriope

ii. CULTIVATE & WEED BEDS

1. All shrub and groundcover beds shall be cultivated as needed in accordance with the Schedule.

2. Weed and grass control in beds will include hand pulling and spraying weeds as needed. Bed edges are to be kept clean and well defined at all locations

iii. IRRIGATION INSPECTION

1. The Contractor’s maintenance of the irrigation system shall consist of monitoring and adjustment of the heads for coverage and elevation.

2. When monthly service is performed the Contractor shall visually inspect the irrigation system before and after work is performed to ensure no damage has occurred. If any damage is done to the irrigation system, the Contractor shall report it immediately to the Dallas Police Department Representative. Any damages made to the irrigation system will be repaired at the Contractor’s expense.

iv. EDGING & DEBRIS REMOVAL

1. Beds will be edged and trimmed and kept well defined.

Groundcover along building walls, sidewalks, steps, curbs, etc. are trimmed, as needed according to schedule. All edging will be with a fixed-blade edger that leaves a sharper edge (not a monofilament trimmer).

2. All litter and debris observed or created by the maintenance functions shall be bagged and transported away from the site by Contractor.

3. Parking areas, sidewalks, courtyards, etc., will be blown and/or swept to remove excess clippings, collected and transported away from the site by Contractor. In no case will clippings be blown into the street, gutters or drainage areas and be allowed to remain there.

v. WEED CONTROL – PAVEMENT CRACKS

1. The use of weed killer to control weeds growing through cracks in sidewalks, walking paths, driveways and parking lots is permitted.

2. Weeds growing in pavement cracks will be hand pulled and cracks sprayed with weed killer as needed.

vi. SHRUB/GROUNDCOVER: PRE-EMERGENT/FERTILIZATION

1. Jack Evans Police Headquarters: Fertilize shrub and groundcover areas with a blended slow release fertilizer in March and July. At least 80% of the nitrogen will be in a slow-release organic form.

2. Jack Evans Police Headquarters: Applications will be with a 4-1-2 fertilizer, rate 6 pounds of actual nitrogen per 1,000 square feet, applied during the growing season. The fertilizer is to contain 4% iron and trace elements. The nitrogen source will be 100% Nitroform.

3. Other Locations: Apply pre-emergent weed killer and fertilizer to shrubs and grass in March and September of each year.

4. Treat fire ants as frequently as necessary to keep all areas fire ant-free.

5. Northeast, North Central, Helicopter, and Auto Pound are known to have poison ivy/oak; however, all locations are to be monitored regularly. Poison ivy/oak is to be treated and removed as frequently as necessary to keep all areas free of these poisonous plants.

vii. ORNAMENTAL TREE FERTILIZATION Trees up to 6” caliper and all trees in planters or tree wells will be soil-injected with a 100% slow release fertilizer annually in March.

An iron supplement will be added to treat iron deficient soil

viii. SHRUB TRIMMING

1. Shrubs, espaliered shrubs, and vines will be pruned according to recommendations below to maintain a clean, attractive appearance.

Generally, the schedule specifies once per month from March through September. Refer to schedule for pruning and trimming times.

2. Thin to remove dead wood and limbs when necessary. Remove dead wood and freeze damaged leaves in the spring. Pruning and trimming of any shrub shall be done so in a manner as to retain the natural character and habit of the plant.

3. Guidelines for specific shrubs, and vines shall be as follows:

a. Shrubs (Needlepoint Holly) in masses at bollards: Shall be maintained to allow the shrubs to grow to six (6) inches above the top of the barrier bollard. The shrub mass shall be selectively pruned to maintain this elevation uniformly across the beds at the frontage of the project. The edges of the shrub mass shall be pruned to maintain a vertical line at the edge of the steel edging that outlines each shrub bed.

b. Shrubs (Needlepoint Holly) screening the parking lot area:

Shall be maintained at a height of three (3) feet from the top of finished grade at the adjacent parking paving elevation. The edges of the shrubs shall be pruned to maintain a vertical line at the edge of the steel edging that outlines the shrub bed.

c. Soft leaf Yucca: Remove spent flower stalks throughout the year. Remove dead foliage from the base of the plants throughout the year. Wear eye protection when working close to these shrubs.

ix. GROUNDCOVER TRIMMINGS

1. Groundcovers will be pruned according to according to the accepted standard of maintenance of each type of vegetation to maintain a clean, attractive appearance. Generally, the schedule specifies twice per month from March through September. Refer to schedule for pruning and trimming times.

2. Guidelines for specific groundcovers shall be as follows:

a. Purple Leaf Wintercreeper: Trim to an even height.

Maintain at height of 6 to 9 inches.

3. Groundcover beds bordering on paved surfaces must be edged as needed to retain a neat edge. Do not trim vertically to expose the stems.

4. For Jack Evans: Apply mulch to west side of building around the South West corner of Lamar St. one time per year. (Note: periods of heavy rain and or wind tend to wash away existing mulch.)

x. ORNAMENTAL TREE PRUNING (8’ AND 16’ CLEARANCE)

1. Experienced pruning personnel shall carry out ornamental tree pruning.

2. Trim, prune and remove suckers from ornamental trees, (Yaupon Holly), to allow trees to grow properly.

3. Do not use a weed-eaters or an edger within 15 inches of any tree;

hand-trim near tree trunks, when necessary.

xi. DORMANT OIL APPLICATION

1. Dormant Oil applications will be made to Holly, Red Oaks, and other applicable trees and/or shrubs in the dormant season to control insects.

2. Any insect and disease problem in which the maintenance crew can treat with a backpack sprayer is to be included in the contract.

xii. WINTER RYE GRASS Northeast, Northwest and North Central locations will be over seeded with Winter Rye Grass in the fall (Turf Winter Rye, Scalp existing areas, sow perennial rye seed to these areas, manage irrigation system as needed for Winter Rye per Specifications section V.b.iii.). Areas are marked on site maps in Exhibits.

xiii. PRE-EMERGENT APPLICATION TO BEDS (Exclusive to Jack Evans Police Headquarters)

1. Pre-emergent herbicide applications are to be made with the most environmentally friendly, broad spectrum and long lasting Pre-emergent available.

2. Pre-emergent herbicides such as Surflan and Gallery are applied two (2) times per year, in February and August.

xiv. POST-EMERGENT APPLICATION TO BEDS

1. Post-emergent herbicide applications are to be made with the most environmentally friendly, broad spectrum, and long lasting Post-emergent available.

2. Post-emergent herbicide applied at least two (2) times per year, in June and December, and applications as spot treatments throughout the season.

3. Spot treatments with herbicide applied throughout the season for continued control of crabgrass, etc. Herbicide product information will be submitted with the bid or within five (5) calendar days of Buyer request.

4. All pesticide operations fall under licenses by the Texas Department of Agriculture (TDA) and/or Structural Pest Control Board (SPCB). Contractor must have a Structural Pest Control Board Certificate or a Texas Department of Agriculture Certificate which includes both Commercial Pesticide License.

5. The Contractor is to provide copies of all required licenses within five (5) calendar days of request by the buyer or as requested by the Department.

xv. SCALP ASIAN JASMINE All Asian Jasmine groundcover beds shall be sheared in the early spring, March, prior to the growing season.

xvi. SCALP LIRIOPE All Liriope groundcover beds shall be sheared in the early spring, February, prior to the growing season.

xvii. LEAF CLEAN-UP – ALL LOCATIONS In early spring and fall leaves from deciduous trees falling to the ground shall be bagged and transported away from the site by Contractor.

xviii. REMOVAL OF DEAD OR DISEASED PLANT

1. In order to maintain an acceptable appearance, it may be in the best interest to remove any plant material that does not meet an acceptable standard. The Police Department Representative is to be notified for approval prior to any plant material being removed. The cost of removal of the plant material will be included in this contract for plants or ornamental trees that can be removed without special equipment.

2. After researching the possible cause of deterioration, the Contractor may be asked to present different options for replacement.

The cost for replacement will be presented to the Police Department Representative, prior to approval.

xix. LANDSCAPE DRAINAGE All drainage lines shall be kept clear, clean, and free of any debris.

c. Scope of Work – Delivery of Services

i. The Dallas Police Department Representative will work with the awarded Contractor and coordinate the work schedule. The site for Jack Evans Police Headquarters, includes the entire block, from the 1400 through 1600 blocks, of South Lamar, East side of street, bounded by Belleview Street, Cockrell Street, and McKee Streets. (See attached site plans.)

ii. All materials, tools, and equipment used in performing service will be provided by the Contractor and must be removed at the end of each working day, and during other times upon request of the Police Department.

iii. To comply with “Noise Ordinance” requirements for time of day use.

Typically, this will be from 8:00 AM to 5:00 PM, Monday thru Friday. The Contractor is free to schedule work within these hours.

iv. The service shall begin upon contract award and will continue for a thirty-six (36) month period. At the end of the Contract period, work will cease unless authorized to continue by request from the Office of Procurement Services.

v. For the secured areas within the Dallas Police Department, while work is being performed, a Dallas Police Department Representative will have to be present.

vi. CONTACT: Contractor shall provide and maintain each awarded location’s contract Department Representative name, valid phone number and address, including an after-hours phone number to report irrigation problems.

The Police Department locations and representatives are listed in the Exhibits.

vii. NOTIFICATION: If at any time it is determined by the Police Department Representative that the terms of the contract are not being followed, said representative shall stop the work until corrections are made.

Deficiencies in the work must be corrected within three (3) business days within notification, at no extra expense to the City.

viii. LIABILITY: The City of Dallas and the Police Department will not be liable for any loss or damage sustained by the Contractor. The Contractor will exercise every necessary precaution for the safety of the City property and the protection of any and all persons and/or property located adjacent to or making passage through said property. (See attached insurance requirements).

Any damage must be reported to the Desk Sergeant prior to leaving the location.

ix. DOCUMENTATION OF SERVICES:

1. The Contractor shall sign-in with the security staff at the Jack Evans

Police Headquarters and sign-out before leaving the site. Other locations will be required to sign in and out with Desk Sergeant or his/her representative. The services provided will be noted on the sign-in/sign-out log. The Dallas Police Department Representative’s

Designee will confirm the work was complete. Contractor will receive a copy of the Sign-in Sheet for their records. Failure to comply will result in non-payment of services for that visit.

2. The Contractor shall maintain the SDS sheets for any chemicals used and shall provide them to the City if requested within five (5) calendar days.

x. COMPLIANCE: Contractor shall comply with all applicable governmental laws and regulations.

VI. Communication

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours. The awarded Contractor shall respond to phone calls and emails from the City within (24) hours of receipt.

VII. Commencement Date The contract shall commence on the date of award by the Dallas City Council and upon the execution of the contract, as to form by the City Attorney. Before the awarded Contractor shall begin any work, the Contractor and the Dallas Police Department Representative shall meet and coordinate the work schedule for all of the locations.

VIII. Award Method – The City’s intent is to award this solicitation by group for each of the

11 Dallas Police Properties, 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.

IX. Location and Invoicing -

a. General City Invoicing Information and Requirements

The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the Contractor’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 Contractor 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 good 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. Contractors who fail to follow these instructions risk having the contract with the City cancelled.

b. Contract Specific Invoicing Information and Requirements

Contractor(s) must provide invoices to each location no later than the fifteenth (15) of the following month.

Contractor(s) must have received a hard copy of a City of Dallas delivery order prior to providing specified service to any location. Delivery order must show specific quantities of service, must reflect the price(s) on the Contractor’s bid sheet, and must show time period to be covered by the delivery order.

Each invoice submitted must include the Delivery Order number that authorized the purchase of service.

Invoices without proper order reference information shall be returned to the Contractor for correction. Contractor shall invoice only the services that have been completed.

Under no circumstances will the City make payments in advance of services rendered.

All invoices are to be sent to:

Dallas Police Department Attn: Financial & Contract Management

1400 S. Lamar Street Dallas, TX 75215

Or emailed to dpdaccountspayable@dallascitypolice.gov

Contractors who fail to follow this procedure may not be paid in a timely manner.

• Invoices are to be billed monthly at the end of services rendered.

• Payment shall be made within 30 days of receipt of invoice.

• The City of Dallas is tax exempt. The invoice shall not bill for taxes.

• The City of Dallas does not pay for shipping charges. Materials delivered to the site will not have shipping charges shown on the invoice.

• Incorrect or incomplete invoices mailed to the wrong address WILL delay payment.

X. Total Cost of Goods and/or Services

Costs for services should be represented to the City all-inclusive for the service requested by line. The quantities listed on the bid sheet are estimated thirty-six (36) month quantities. Actual quantities during the term of the contract are subject to change based on City needs. The City will not be responsible for any anticipated profits or losses based on this estimate. Services shall be purchased on an “as needed” basis with no regards to any minimum or maximum.

XI. Performance Measures and Contract Management

The awarded Contractor shall perform the work according to the agreed work schedule with the Dallas Police Department Representative. If the awarded Contractor is unable to perform the work according to the work schedule, the Dallas Police Department Representative shall be notified immediately to work out an alternative schedule. No work shall be performed outside of the agreed upon work schedule. All additional work must be approved prior to work being done by the Dallas Police Department Representative.

XII. Special Requirements

All pesticide operations fall under licenses by the Texas Department of Agriculture (TDA) or Structural Pest Control Board (SPCB). Contractor must have a Structural Pest Control Board Certificate or a Texas Department of Agriculture Certificate which includes both Commercial Pesticide License.

XIII. Exhibits

Exhibit A - Site Maps Exhibit B - Police Locations and Contact Persons

XIV. Audit Requirements

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

XV. Transition

The Contractor shall transition the services in a cooperative manner to the successful Bidder approved by the City Council at the expiration date of the term of the Contract or on an earlier termination date if the right of termination as outlined in the Contract has been exercised. The transition shall be seamless without any break in services, and Contractor shall fully cooperate to make certain that this occurs.

XVI. Closeout Procedures and Requirements

Once the work is completed, a copy of the invoice will be sent to the requestor for each serviced unit. The requestor must verify that the service was received and fully completed before payment is processed.

XVII. Documents Submitted with Bid or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

3. Statement of Insurability and Quote (OPS-04)

4. Local Preference Affidavit (OPS-3)

5. Living Wage Affidavit (OPS-03)

6. Sample Contract with markups

7. SBE Affidavit BEH-FRM-602.SAW

8. Local Participation & Workforce Impact Form BEH-FRM-604.SAW

9. SBE Utilization Plan & Commitment to Local Economic ImpactBEH-FRM-605.SAW

10. Engagement Score & Past Commitment Form BEH-FRM-606.SAW

11. SBE Good Faith Effort Documentation Form (if applicable) BEH-FRM-607.SAW

12. Prime Self-Performance Declaration (if applicable) BEH-FRM-609.SAW

13. Subcontractor Intent Form BEH-FRM-610.SAW

14. Any other City documents as required

XVIII. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XIX. Review of Bids

1. The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

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 bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. 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.

XX. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. 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 bid will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XXI. Insurance and Bonding Requirements

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

XXII. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid 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 RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XXIII. Late and Withdrawn Bids

Bids are required to be submitted electronically 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.

XXIV. 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. Bidders will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XXV. Disqualification of Bidders

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

• Reason to believe collusion exists among the bidders

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

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

XXVI. Permits Required by Law

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

XXVII. 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 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.

XXVIII. 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.

XXIX. 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 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.

XXX. 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.

XXXI. Miscellaneous

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

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

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

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

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

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.

XXXII. 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 general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

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

XXII.1

XXXIII. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

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

a) The SBE participation goal for this contract is 5.69 %.

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

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

b) Equal Employment Opportunity/Nondiscrimination

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

XXXIV. Indemnity

The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) 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.

mailto:businessenterprisehub@dallas.gov

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

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. The City Manager shall use the following definitions to administer the benefactors of the

“wage floor” for purposes of the referenced resolution:

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

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

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

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

XXXVI. Wage Floor Reporting Requirements

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

XXXVII. Wage Floor Compliance Requirements

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

XXXVIII. Development Costs

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

XXXIX. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

XL. Certificate of Interested Parties (Form 1295) All vendors recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended.

Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s Office to draft the contract.