2-01- Specifications for Building Materials, Lumber, and Accesories 2026.docx

City of Dallas

Request for Bids (RFB)

Project Title: Building Materials, Lumber, and Accessories

Buyer Solicitation Number: BR26-00030114 I. Introduction, Purpose, and Intent

The City of Dallas is soliciting bids to establish a Five (5) year Indefinite Delivery/ Indefinite Quantity (ID/IQ) master agreement for the purchase of Building Materials, Lumber, and Accessories for use throughout the City Departments organization. An ID/IQ agreement is established when quantities of goods and delivery schedules cannot be determined. Goods 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 addressed 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 to (https://dallascityhall.bonfirehub.com/login) by the due date and the 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. 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 annualize 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)

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.

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

V. Bidder Qualifications

The successful bidder(s) must be in an established business. The successful bidder(s) must possess and maintain the capacity to provide the products and service necessary through the duration of the agreement. The bidder(s) must have the ability to maintain adequate inventory to satisfy the orders without extended delivery time. The bidder(s) must be a manufacturer or an authorized dealer/distributor and must provide the letter from each manufacturer upon request from the buyer. The facility must be sufficiently staffed to accept, and process orders placed simultaneously by numerous city departments during routine business hours Monday through Friday.

· Bidder shall be well established and in business for a minimum of 5 years selling Building Materials, Lumber, and Accessories.

· Experience providing Building Materials, Lumber, and Accessories to an entity with a comparable size and scope.

· Bidder shall be a manufacturer or an authorized dealer/distributor/reseller and must submit proof of all brands they are authorized to sell.

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

· The facility must be sufficiently staffed to accept, and process orders placed simultaneously by numerous city departments during routine business hours Monday through Friday from 8 am to 5 pm.

· Bidder must assign at least one person to be exclusively responsible for handling the City of Dallas Agreement. That person must be knowledgeable of the products.

VI. Specifications

Bids will be considered only from bidders who have been established in the business of providing brand-approved Building Materials, Lumber, and Accessories for five (5) or more years. If requested, bidders must provide references with their bid or within five (5) business days at the request of the buyer.

The successful bidder(s) must be in an established business. The successful bidder(s) must possess and maintain the capacity to provide the products necessary through the duration of the agreement. The bidder(s) must have the ability to maintain adequate inventory to satisfy the orders without extended delivery time.

1. Estimated Quantities: Quantities listed on the bid sheet(s) are the City’s best estimates based on previous usage and do not represent actual quantities. Purchases made under any agreement procured through this solicitation shall be based on an as needed basis and are not guaranteed. The city will not be responsible for any anticipated profits or losses, by any bidder, based on these estimated quantities

2. Green Products: Recognizing the importance of exercising positive environmental stewardship, The City will purchase environmentally preferred products whenever feasible and require contractors and consultants to use recycled and other environmentally preferred products whenever feasible. Some environmental attributes to be considered are level of recycled content, less hazardous or non-hazardous ingredients, energy saving features, water conserving features, non-petroleum-based products, materials that can be recycled, and end of life disposal.

3. Warranty: Warranty for all items shall be the warranty offered by the manufacturer. Bidders may not reduce the warranty that is offered by the manufacturer but may increase it at no additional cost to the city.

4. Substitutions: Where Brand is specified, the exact Brand shall be understood and specification specified on bid sheet is what the Vendor will be offering. Alternates for other products listed on the bid sheet will be considered provided sufficient information is submitted to allow the City of Dallas to determine that the product(s) are equivalent to those named.

5. Material Requirements: All Building Materials shall meet or exceed industry standards.

6. Orders: All orders will be e-mailed or called in to the vendor. The vendor is responsible for obtaining a delivery order with the name of the person placing the order and phone/call back number, the delivery address, the invoice address, as well as the delivery order number.

7. Pick-Ups: The city may choose to pick up products at the bidder’s place of business. Products shall be available for pickup between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (except national holidays). This does not apply to Special Ordered Items.

8. Delivery Requirements:

a. All costs, including delivery costs and handling charges, shall be included in the bid price. The city will not pay any additional charges for shipping, delivery or handling costs.

b. Partial shipments will be accepted. All quotations shall be F.O.B City of Dallas, cost of freight to be included in unit cost. F.O.B. means the cost of freight is included (priced) in each unit cost. The City does not pay freight unless it’s an emergency, in those situations, delivery charges shall be invoiced separately and will reflect the delivery order number for verification.

c. Delivery locations will not be specific locations; delivery shall be made at various locations throughout the City.

VII. Product Returns:

a. Errors in delivery or issues with damaged items shall be corrected within forty-eight (48) hours after notice is given.

b. Credit for returned items shall be received within thirty (30) days after notification unless prior arrangements for an extension have been agreed upon.

c. Credits shall be either a credit memo or check at the option of the City.

d. The City shall not be charged any additional fees or penalties for returned merchandise.

e. Returned products shall be unused and in the original packaging, except those found to be defective.

VIII. Bid Sheet and Pricing

a. Building Materials (Groups A through W) - Fixed Percent Discount off List Price.

b. If awarded vendor cannot guarantee the prices presented in the bid, the city is able to request quotes from other vendors and use the vendor with the pricing most beneficial to the city.

c. All discounts offered shall be expressed as a single percent (%) for each bid group. (Example 15%)

- Offers containing chain or multiple discounts may be considered non-responsive and rejected.

d. Bidder(s) shall provide their current price list, as listed on the bid sheet, in electronic form (website or searchable .PDF file) with the bid.

· Various City departments at multiple locations will use the awarded vendor’s price lists.

· Failure to provide price list may result in bids being rejected.

e. It is the awarded vendor’s responsibility to provide updated catalog/price list(s) during the agreement period.

- Update catalogues, revising pricing with only be accepted once every 12 months, starting with the 13th month of the agreement.

f. Prices shall include fully assembled products only, all delivery and/or handling charges. The City of Dallas will not pay any additional delivery and/or handling cost.

g. The bid shall not be modified or conditioned in any manner such as quantity, description, format etc., otherwise bidder may be deemed nonresponsive.

IX. Pricing Structure

a. Where applicable, the price for lumber will be based on the industry trade publication, Random Lengths, for the length of this master agreement. This percentage is to include freight.

b. Please include a copy of Random Lengths price sheet with their bid response.

c. During the term of the master agreement, pricing will be based on the previous Friday’s price (the Friday prior to the order being received by the vendor) plus or minus the set percentage.

d. The successful bidder of the yellow pine group shall supply the City of Dallas with 4 subscriptions (internet subscriptions on demand) of Random Lengths.

X. Communication

To provide the customer service required for this master agreement, bidders shall respond quickly and clearly; this is essential for the City. Vendors shall answer written correspondence from the City within 2 working days; vendors shall have a company employee (not an answering service or answering machine) answer the phone during normal business hours or provide either a cell phone number. Phone messages shall be returned immediately. The vendor shall provide the department with a price estimate in writing and shall have Delivery Order (DO) number prior to beginning any work on the item.

XI. Award Method

The City’s intent is to award this solicitation by the Group for the group’s A thru W to the responsive and responsible bidder(s) with the most advantageous percentage Discount or Markup (-/+) and has demonstrated compliance with the specifications. Bidder(s) shall be able to bid each group with percentage Discount or Markup (-/+) for Estimated Expenditure line for Five (5) Years. All Sample lines within each group in this solicitation require unit pricing in conjunction with discount/markup (-/+) only to determine the lowest bidder. The city will calculate both the unit pricing and discount/markup (-/+) total to determine the lowest price for the respective group. The City reserves the right to award in the method that is most advantageous to the City. Bidders are not required to bid all groups on the bid sheet.

Bidders must bid on all sample lines within each group to be considered responsive for that group. Failure to bid on all lines within a group may be cause for bid to be considered non-responsive. Bidders must use the City of Dallas bid sheet provided in the bid packet for bid submission. The City reserves the right to award by line, group or in total, whichever is most advantageous to the City.

Any alterations made on the bid sheet will result in the response being considered non-responsive.

“The awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), via e-mail or approved media during the evaluation phase at no cost to the City, with the bid packet. Paper catalogs or Paper Price list will not be considered meeting the specifications. Please note other methods of verification may be considered on a case-by-case basis. The city must have a tangible way of verifying pricing for each delivery order as part of our auditing process. The awarded vendor must provide the item description for citywide usage; the information for each item shall contain stock number, colors, sizes, prices, point of contact for the manufacturer, and all other pertinent information to that purchase order. The awarded vendor is required to submit any revised list as soon as they obtain it with a maximum allowance of new catalog pricing one every 12 months for the duration of this master agreement; price changes will begin on the date the City of Dallas receives revised price list. The City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit current price list.”

A request for a bid does not commit the City to award any contract, the City reserves the right to reject all bids or waive irregularities. Late bids will not be considered for awards.

XII. Location and Invoicing

The City shall pay invoices in 30 days. 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)

· Address where the product(s) were delivered

· Date of order and date of delivery

· City of Dallas Delivery Order (“DO”) number

· Manufacturer’s part number with detailed description of each item

· Price good or services (charges for all services covered by this contract are to be separately stated and explained (if applicable)

· Unit cost and extended cost of each item

· Total cost of goods/services

· Invoices must be mailed or delivered directly to the division that has placed the order. The awarded bidder(s) must have received a hard copy of a City of Dallas order document prior to shipping or delivering merchandise. The delivery order must show specific quantities and materials provided also reflecting the price(s) on the awarded bidder(s) bid sheet. Each invoice submitted must include referencing order number that authorized the purchase.

· 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.

XIII. Total Cost of Goods and/or Services

A percentage discount/markup (-/+) shall remain firm for the five (5) years’ term from the date of the award and include all costs incurred, real and unforeseen, related to the manufacture, shipping and delivery of products. This will include insurance, freight and all other direct costs. The estimated expenditures for Five (5) years listed on the bid sheets are estimates only. Actual expenditure may be higher or lower than the listed expenditure during the contract term, depending on anticipated needs. The City of Dallas reserves the right to order fewer or additional quantities as deemed necessary during the term of the contract. The City of Dallas will not be responsible for any anticipated profits or losses by any bidder(s) based on estimated quantities given.

The awarded vendor is required to submit any revised list as soon as they obtain it with a maximum allowance of new catalog pricing once every 12 months for the duration of this master agreement; price changes will begin 30 days from the date the City of Dallas receives a revised price list. Price revisions cannot be issued until a minimum of 6 months after the contract has been awarded. The City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit the current price list. The City of Dallas will NOT re-issue a Delivery Order (DO) due to an increase in prices after the vendor has received the DO.

XIV. Audit Requirements All the products (parts and material) provided shall be new, unused, and warranted to be free from defects in workmanship, design, and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City acceptance of the product, installation, or service. Defective product(s) shall be replaced with new materials when it has been determined that the failure(s) is product related. Vendor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that the product must be replaced the product will be returned for full credit, including any shipping charges.

XV. Compliance & Regulatory Requirements 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.

The SBE participation goal for this contract is 7.99%.

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 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

XVI. Warranty:

All products provided shall be new and warranted to be free from defects in workmanship, design and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City’s installation. The warranty should be recognized as being valid by the manufacturer.

Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related. The warranty period will start over upon the City’s final acceptance of the repaired unit. The Contractor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that a product must be replaced the product will be returned for full credit, including any shipping charges.

XVII. Documents Submitted with Bid or upon Request

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

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

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. Rejection or Acceptance of Bids

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. 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.

XXI. 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 XXII. 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.

XXIII. 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

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. 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

XXVI. Confidentiality

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. 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. 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.

XXVII. 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 and the Facilities.

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 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.

XXVIII. 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 there by 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).

XXIX. 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.

XXX. 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.

XXXI. 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.

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

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