Request for Bids

PARK

IDENTIFICATION

SIGNAGE

Dallas, Texas

Project Manual

Park and Recreation Department 1500 Marilla, Room 6FS Dallas, Texas 75201

RECOMMENDED FOR CONSTRUCTION PROCUREMENT:

Forester, Parks Forestry Division Date

Urban Biologist, Parks Management Division Date

Senior Program Manager, Planning, Design and Facilities Date

Assistant Director, Planning, Design and Facilities Date

01/27/2026

1/27/26

1/27/2026

TABLE OF CONTENTS

Div. Ref./Section Description

00 10 00 00 11 13 Advertisement For Bids

00 20 00 00 21 16 Instructions to Bidders 00 22 21 Cement Preference Resolution & Special Provision 56 00 22 23 Office of Environmental Quality Contractor Policy 00 22 24 Conflict of Interest Policy 00 22 25 Request for Vendor Information 00 22 27 Notice of Safety Affidavit 00 22 93 Bid Submittal Checklist

00 40 00 00 42 13 Bid Form 00 43 13 Bid Bond 00 43 39.13 OPS FRM 627 - Workforce Composition 00 43 39.16 OPS FRM 640 - Team Make-up and Local Workforce Form 00 43 39.19 FAQ for OPS FRM 640 00 43 41 Bidder's Affidavit of Safety Record, CR No. 89-1132 00 45 17 Delinquent Taxes and Accounts Receivable Report 00 45 18 Prior Contractual Activities 00 45 20 Conflict of Interest Questionnaire 00 45 21 Senate Bill 252 Acknowledgement 00 45 22 House Bill 89 Acknowledgement 00 45 24 Environmental Record Affidavit 00 45 25 Cement Preference Certification (Bidder) 00 45 29 Contractor Ownership Information 00 45 31 Surety Information Form

00 50 00 00 52 13 Building Construction Services Agreement 00 55 00 Sample Notice to Proceed

00 60 00 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 62 16 SAMPLE Certificate of Insurance 00 62 39.13 OPS-FRM-240 - Schedule of Work and Actual Payment Form 00 62 76.11 AIA Document G702 - Application and Certificate for Payment 00 62 76.12 AIA Document G703 - Continuation Sheet 00 62 76.13 Contractor/Consultant Report on

Subcontractor/Subconsultant/Supplier Payment 00 62 76.16 Neighborhood Job Opportunities Form 00 62 76.19 Contract Time Statement 00 62 76.23 AIA Document G707A - Consent of Surety to Reduction in or Partial

Release of Retainage 00 62 79 Tax Exemption Certificate 00 63 33 AIA Document G710 - Architect's Supplemental Instructions 00 63 57.13 AIA Document G709 - Proposal Request 00 63 63.13 Park and Recreation Dept Change Order form 00 65 13 AIA Document G704 - Certificate of Substantial Completion 00 65 19.13 Contractor's Affidavit of Final Payment and Release 00 65 19.19 AIA Document G707 - Consent of Surety Company to Final Payment

BID INFORMATION

BID SUBMITTAL FORMS

BONDS, CERTIFICATES AND OTHER FORMS

INSTRUCTIONS FOR PROCUREMENT

AGREEMENT FORMS

00 01 10 - Table of Contents 1/2

TABLE OF CONTENTS

Div. Ref./Section Description

00 70 00 00 72 13 City of Dallas General Conditions for Building Construction 00 72 16 Special Provision about Permits 00 73 16.11 Attachment - Insurance Requirements 00 73 16.13 Insurance Requirements for Asbestos Abatement 00 73 19.11 Safety Policies: Excavation, Trenching and Shoring 00 73 19.13 Fire Safety at Construction 00 73 19.16 Noise Ordinance 26022 00 73 21 Drug-Free Jobsite Statement 00 73 36 Equal Opportunity Contract Compliance: Ord. No. 14486 00 73 37 Neighborhood Job Opportunities 00 73 43 Prevailing Wages 00 73 53 Tree Preservation Policy 00 73 54 Ozone Plan 00 73 55 Concrete/Cement Delivery Certification (Manufacturer) 00 73 86 Notice of Post Construction Contractor Evaluation 00 73 89 Project Sign 00 73 91 Ordinance 27748 - Lobbyist Provisions 00 73 93 Disclosure of Interested Parties

Refer to Drawings for Additional Requirements

GENERAL & SUPPLEMENTAL CONDITIONS

00 01 10 - Table of Contents 2/2

00 10 00 - Solicitation

SOLICITATION

OPS-FRM-606 Rev 1 2021

CITY OF DALLAS

CONSTRUCTION ADVERTISEMENT

REQUEST FOR BIDS

Bids are required to be submitted electronically via the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com by 1:00 PM on Fridays. All bids will be publicly read at 2:00 PM on Fridays and can be viewed on the City of Dallas’ website at www.dallascityhall.com (see City Meetings).

Bid title, department, and date of public reading are listed below and on the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com. Unless otherwise noted in the description below the bid packet may be obtained from https://dallascityhall.bonfirehub.com.

Submittals will not be accepted after the due date/time and hard copy submittals are not permissible.

CIZ26-PKR-3219 – Dallas Park and Recreation Department - Standard Park Identification Signage at Various Locations

Park and Recreation Department, 1500 Marilla, Room 6FS, Dallas, TX 75201. Bidders are strongly encouraged to attend a pre-bid conference held hybrid virtual/in-person at Dallas City Hall, Conference Room L1EN-D on Thursday, February 5, 2026 from 3:00 PM to 4:00 PM. (CDT)

The Request for Bids documents may be obtained beginning Wednesday, January 28, 2026 from the Bonfire Procurement Portal. Go to: https://dallascityhall.com.bonfirehub.com. Please register for project information to receive the MS Teams invitation, bidding updates/addendums by emailing your contact information to the Park and Recreation Project Manager: Bruktawit Kebede (Bruktawit.kebede@dallas.gov)

Questions Due Date/Time: Tuesday, February 10, 2026 at 5:00 PM

Bid Due Date/Time: Friday, February 13, 2026 at 1:00 PM Open/Reading Date/Time: Friday, February 13, 2026 at 2:00 PM https://dallascityhall.bonfirehub.com/ http://www.dallascityhall.com/ https://dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/ https://dallascityhall.com.bonfirehub.com/

00 20 00 - Instructions

INSTRUCTIONS FOR

PROCUREMENT

00 21 16 - Instructions to Bidders

CITY OF DALLAS

INSTRUCTIONS TO BIDDERS

ARTICLE 1

1.1 REFERENCES AND DEFINITIONS

1.1.1 Each prospective Bidder is advised to refer to other Divisions and Sections indexed under titles "Advertisement for Bids," "City of Dallas General Conditions for Building Construction," "Special Provisions", and the various "Technical Specifications" for additional information that may affect the preparation of proposals. The referenced documents contain information pertaining to the following topics, among others (which list of topics is not completely and exclusively described below):

a. The time, date, and place for receipt of proposals.

b. The time for completion of the Project.

c. The contract forms, contract conditions, payment criteria, performance and payment bonds, and insurance.

d. Rules regarding substitution of materials.

e. Unit prices.

f. Other conditions and technical data pertaining to the Work.

1.1.2 All definitions set forth in the 2011 Addendum to the Public Works Construction Standards – North Central Texas as Published by the North Central Texas Council of Governments (Fourth Edition, October 2004) (and in any special provisions) are applicable to these Instructions to Bidders.

1.1.3 For purposes of these Instructions to Bidders, the following additional definitions apply:

a. “Addendum” means a document issued by the Owner in either written, graphic, or electronic form prior to the receipt and opening of Bids which modifies or interprets the Bid Documents, including but not limited to the Drawings and Specifications, by additions, deletions, clarifications, or corrections. The plural use of this term is “Addenda.” Any Addendum issued becomes a part of the Contract Documents when the Building Services Construction Agreement is executed.

b. “Bid” means an offer to perform the Project for the price quoted in material compliance with the Bid Documents, including prices quoted for any Alternates solicited by the Owner along with the Base Bid.

c. “Bid Documents” means the Request for Bids, these Instructions to Bidders, special conditions for bidding, the Bid form, bid bond forms, Performance and Payment Bond forms, other informational forms required by the Owner in connection with the Request for Bids, and the proposed Contract Documents, including any Addendum issued prior to opening of Bids, prepared and used by the Owner to solicit and receive Bids.

d. “Day” means a calendar day, unless otherwise indicated in these Instructions to Bidders.

e. “Environmental Laws” means the (i) Clean Air Act, (ii) Clean Water Act, (iii) any rules, regulations, or ordinances promulgated pursuant to either of the above-mentioned acts by State, Federal, or local regulatory authorities, or (iv) any other State, Federal, or local environmental law, rule, regulation, or ordinance related to the protection of the environment, including but not limited to solid waste disposal, hazardous waste disposal, illegal discharges of pollutants, and other similar environmental laws, rules, regulations, and ordinances

f. “Owner” means the City of Dallas, a Texas municipal corporation.

g. “Project” means the title or description of the Work for which Bids are to be submitted, which description is given in the Request for Bids and the Bid form.

ARTICLE 2

2.1 BIDDER REPRESENTATIONS

2.1.1 Each bidder submitting a Bid represents that the bidder has read and carefully examined all Contract Documents, all Addenda, and all other Bid Documents, and has thoroughly familiarized himself with the detailed requirements of the Project prior to submitting a bid. Should a bidder find discrepancies, conflicts, or ambiguities, in, or omissions from, the Bid Documents or any Addendum, or should the Bidder be in doubt as to their meaning, the Bidder shall at once, and in any event not later than seven (7) days prior to the Bid receipt and opening date, notify the Owner in writing. The Owner will, if necessary, send a written Addendum to all interested bidders regarding the subject of the written notice. The Architect and the Owner will not be responsible for any oral instruction or explanation. All Addenda sent to bidders will become a part of the Contract Documents. All inquiries or written notices shall be directed to the office of the Owner’s designated representative. After Bids are received and opened, no allowance will be made for a failure to discover discrepancies, conflicts, ambiguities, omissions, or errors in the Bid Documents by any Bidder.

2.1.2 Each bidder submitting a Bid represents that, prior to the submission of its Bid, the bidder examined and became thoroughly familiar with all existing conditions, including all applicable laws, ordinances, rules, and regulations that may affect the Work. Bidders shall visit the Project site, examine the grounds and all existing buildings, utilities, and roads and shall ascertain by any reasonable means all conditions that might in any manner affect the Work. The Drawings have been prepared on the basis of surveys and inspections of the site and are intended to present a general indication of the apparent physical conditions at the Project site. The Drawings, however, are not a substitute for and shall not relieve the bidder of the necessity of the bidder’s compliance with this Paragraph 2.1.2 by becoming thoroughly familiar with all existing physical conditions at the Project site.

2.1.3 Each bidder that submits a Bid acknowledges and agrees that when soils or underground Project site investigation data is provided by the Contract Documents, the bidder assumes sole responsibility for any conclusions the bidder may draw from such data. EACH BIDDER ACKNOWLEDGES

AND AGREES THAT THIS INFORMATION IS FURNISHED TO THE BIDDER ONLY

IN ORDER TO MAKE COMPLETE DISCLOSURE OF THIS MATERIAL AND FOR NO

OTHER PURPOSE. THE BIDDER ALSO ACKNOWLEDGES AND AGREES THAT BY

FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT,

OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR

EXPLICITLY, OR IN ANY OTHER WAY, AND THAT THE OWNER SHALL HAVE NO

LIABILITY FOR THIS MATERIAL. The bidder may employ experts to analyze available information and is also solely responsible for any conclusions drawn by the bidder’s own experts from that informational source.

ARTICLE 3

3.1 INTERPRETATION OF BID DOCUMENTS

3.1.1 Should any bidder desire an explanation regarding the meaning or interpretation of the Bid

Documents, a written request must be made to the Owner with sufficient time allowed for a reply to be made and sent to all interested bidders before the Bid opening date, but not later than seven

(7) days before the date for receipt and opening of Bids. Oral explanations or instructions given at any time by any representative of the Owner or Architect will not be binding on the Owner or Architect. Any authorized interpretation made will be in the form of an Addendum and will be furnished to all persons or entities known of record to be interested in submitting a Bid. Receipt of any Addendum by the bidder shall be acknowledged on the Bid form in the space provided.

Failure to acknowledge receipt of an Addendum, however, shall not necessarily render a Bid non-responsive.

3.1.2 Changes or corrections may be made by the Owner or Architect in the proposed Contract Documents after they have been issued and before receipt and opening of Bids. In such case, an Addendum describing the change or correction will be issued by the appropriate Owner representative to all persons or entities known of record to be interested in submitting a Bid at least three (3) days prior to the date established for receipt and opening of Bids, except in unusual cases. Any Addendum shall take precedence over that portion of the Bid Documents that is addressed by the Addendum, to the extent that the Addendum may modify that portion of the Bid Documents, and shall become a part of the Bid Documents. Failure of a bidder to receive any Addendum shall not relieve the bidder of any obligation under the Bid Documents or the Bid submitted.

ARTICLE 4

4.1 PREPARATION AND SUBMITTAL OF BIDS

4.1.1 Each bidder shall submit the Bid and Bid bond on the forms provided by the Owner. All blank spaces for Bid prices and quantities must be filled in, in ink, type or printer font, in both words and numerals. Oral, telephonic, or telegraphic Bids will not be considered by the Owner. If electronic submission of Bids is allowed by the Owner, any bidder must submit an electronic Bid in accordance with the form and protocol prescribed in the Bid Documents and at the Owner’s designated Internet website for procurement. The Owner’s permission to submit Bids electronically shall not constitute a waiver of any of the terms of these Instructions to Bidders.

4.1.2 Bids shall indicate either unit prices or a lump sum price, as applicable, as well as quantity or change order prices if required in the spaces provided on the Bid form. All reasonable costs of labor, materials, services, and other reasonable, necessary, and incidental costs, including but not limited to freight, handling charges, and reasonable overhead and profit, required to perform the Work as required in the Bid Documents shall be included in the Bid for the Work as stated in the Bid form.

ANY COSTS NOT INCLUDED OR CALCULATED IN THE APPLICABLE LUMP SUM

OR UNIT PRICES AS BID WILL NOT BE PAID BY THE OWNER, REGARDLESS OF

THE INTENTION OF THE BIDDER WHEN THE BID WAS SUBMITTED AND

REGARDLESS THAT THOSE COSTS WERE ACTUALLY INCURRED.

4.1.3 If the Bid Documents call for submitting a Bid on the basis of unit prices, the quantity stated in each applicable line item is the Owner’s best estimate of the quantity of the particular Work required, based on the best available information, and is furnished to bidders as an aid to calculate a bid quotation and to assist the Owner in determining the lowest responsible bidder. The quantity stated or estimated is NOT a guaranteed quantity; the actual quantity required for the particular Work in question may be more or less than stated or estimated by the Bid Documents. Payment under the contract will be based solely on the unit price or prices quoted for the actual quantity of Work in question properly performed or provided under the contract. NO EXTRA COSTS OR CLAIMS

FOR EXTRA COSTS OVER AND ABOVE THE UNIT PRICE IN THE BID WILL BE

ALLOWED.

4.1.4 The Owner reserves the right to change quantities by change order after the award of the contract, based upon the applicable unit price bid. Quantity price extensions shall be the product of the unit price multiplied by the quantity and the section or schedule price shall be the sum of the quantity price extensions. The total Bid price is comprised of the total of all quantity price extensions.

4.1.5 If a Bid is submitted by an individual as a sole proprietor, the individual’s legal name must be signed by the individual or the individual’s duly authorized agent. If the Bid is submitted by a corporation, partnership (general or limited), limited liability company, or other form of business entity, the legal name, designation of type of business entity, and address of the bidder must be stated and the Bid must be signed by a duly authorized officer, partner, or member of the corporation, partnership (general or limited), limited liability company, or other form of business entity.

4.1.6 A power of attorney authorizing an agent, attorney-in-fact, or another person to sign the Bid must be in writing, properly certified and notarized, and submitted with the Bid.

4.1.7 To be considered as eligible to submit a Bid, a bidder must be in compliance with all legal requirements to permit the bidder to operate or conduct business under the applicable laws of the State of Texas.

4.1.8 All bidders must submit a notarized affidavit with their Bid attesting to their safety record.

Information regarding the safety record, based upon the criteria set forth below, must be provided through the Dallas office of the U.S. Occupational, Safety, and Health Administration (OSHA), if the bidder has its principal place of business in Dallas, or through the local OSHA office where the bidder has its principal place of business if the bidder is not a Dallas-based company. The bidder’s safety record must not reflect the imposition of criminal or civil penalties for six (6) or more serious violations, none of which may be repeat violations, nor may the record reflect three (3) or more willful violations, none of which may be repeat violations, within a three (3) year period preceding the date of the proposed contract award. This information will be considered in determining the responsibility of the bidder for purposes of award.

4.1.9 All bidders must submit a notarized affidavit with their Bid attesting to their environmental record.

Information regarding the environmental record, based upon the criteria set forth below, must be provided through the regional offices of the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality. The bidder’s environmental record must not reflect notices of violation or enforcement on or the imposition of criminal or civil penalties for six (6) or more violations of Environmental Laws, none of which may be repeat violations, nor may the record reflect three (3) or more willful or intentional violations of Environmental Laws, none of which may be repeat violations, within a three (3) year period preceding the date of the proposed contract award. This information will be considered in determining the responsibility of the bidder for purposes of award.

4.2 TELEGRAPHIC OR ELECTRONIC MODIFICATION OF BID

4.2.1 Any Bidder may modify its Bid by telegraphic or electronic communication to the Business Development and Procurement Services Department or the Owner’s Internet bidding website at any time prior to the scheduled date and time for receipt of Bids, provided such telegraphic or electronic communication is received by the Owner prior to the date and time for receipt, and provided further that a written confirmation of the telegraphic or electronic communication signed by the bidder is mailed to the Owner prior to the scheduled date and time for receipt of Bids. The telegraphic or electronic communication should not reveal the Bid price or modification, but should provide the addition, subtraction, or other modification so that the final price or terms will not be known by the Owner until the sealed Bid is opened. If written confirmation is not received within two (2) business days after the scheduled time for receipt of Bids then, at the Owner's option, no consideration whatsoever will be given to the telegraphic or electronic modification.

4.2.2 Modifications of the terms of a Bid that cause a material variation of the Bid from the requirements of the Bid Documents shall render the Bid non-responsive and will result in Bid rejection. Nothing in this Section shall be deemed or construed to waive this requirement.

ARTICLE 5

5.1 BID SECURITY (Mandatory for Bids in Excess of $100,000.00)

5.1.1 All Bids must be accompanied by Bid security as evidence of good faith and as a guarantee that, if awarded the contract, the bidder will execute the contract, furnish the required performance and payment bonds, and furnish evidence of compliance with the Owner’s insurance requirements within ten (10) days after the award and delivery of the contract to the successful bidder for final execution. The amount of the required bid security shall not be less than five percent (5%) of the highest dollar amount bid. Bid security shall be submitted in one of the following forms:

a. a Bid bond payable unconditionally to the Owner and written on the Owner’s prescribed form of Bid bond by a corporate surety or sureties licensed to issue surety bonds in Texas and otherwise acceptable to the Owner;

b. a cashier's or certified check issued on the funds of a state or federally chartered financial institution with principal or branch offices located within Dallas County, which check shall be payable unconditionally to the order of the Owner;

c. an irrevocable, unconditional standby letter of credit issued by a state or federally chartered financial institution with principal or branch offices located within Dallas County.

5.1.2 Each bidder covenants and agrees, as an express condition of their Bid, that in the event the bidder is awarded the contract, the bidder will, within ten (10) days after award of the contract, execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the Bid Documents. If the bidder fails or refuses to do so, the bidder covenants and agrees to pay to the Owner the amount of the bid security (plus reasonable attorney's fees and court costs, if necessary for the collection of the amount owed) as liquidated damages, it being difficult and impractical to determine accurately the actual amount of damages accruing to the Owner by reason of the bidder's failure to execute a contract. Further, the defaulting bidder shall not be eligible to submit a new Bid if the contract is re-advertised for new bids.

5.1.3 Substitution by the bidder of another form of Bid bond in place of the Owner’s form with provisions materially inconsistent with those contained in the Owner's form will constitute grounds for rejection of the Bid at the Owner's sole option.

5.1.4 If a cashier's check, certified check, or letter of credit is submitted along with a Bid, the Owner shall be entitled to collect the full proceeds of such check or letter of credit without further notice or demand if:

a. the Bid is selected as the lowest responsible Bid;

b. the contract is awarded to the successful bidder by the Owner before the Bid can be legally withdrawn; and

c. the successful bidder fails or refuses to execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the Bid Documents within ten (10) days after award of the contract.

5.1.5 In the event a Bid Bond is submitted along with the Bid, the bidder and the bidder’s surety shall be liable to the Owner for the full amount of the Bid bond and shall pay the amount within fourteen

(14) days after written demand by the Owner if:

a. the Bid is selected as the lowest responsible Bid;

b. the contract is awarded to the successful bidder by the Owner before the Bid can be legally withdrawn; and

c. the successful bidder fails or refuses to execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the Bid Documents within ten (10) days after award of the contract.

5.1.6 If the Owner chooses to rescind the award to the lowest responsible bidder and award the contract to the next lowest responsible bidder, a subsequent failure or refusal to contract as described in Section

5.1.4 or 5.1.5 above, as applicable, by the next lowest responsible bidder or by other bidders who may, in turn, be awarded the contract in place of a previous forfeiting bidder or bidders shall cause the replacement bidder and their surety to likewise become liable to the Owner for the full amount of their respective Bid bonds or entitle the Owner to the proceeds of their respective cashier's or certified checks or letters of credit submitted as Bid security.

5.1.7 The Owner may, at its sole option, choose in the alternative to reject any or all remaining Bids after a successful bidder's refusal to contract and make no subsequent award of the contract, choosing instead to indefinitely delay the Project or to re-advertise for new Bids.

5.1.8 As long as the bidder has been notified that they are the lowest responsible Bid or one of the next two bidders in line for possible award of the Contract in the event of a failure or refusal of the lowest responsible bidder to execute an awarded contract, the bid security furnished with a Bid will remain in the possession of the Owner until the Owner and the successful bidder on the Project have finally executed the contract, at which point the remaining Bid security will be returned to each bidder. If no award has been made by the Owner within one hundred fifty (150) days after date of receipt and opening of Bids, the Bid security may be returned upon written demand of the bidder at any time thereafter. Otherwise, for bidders who are not one of the three lowest Bids, Bid security shall be returned to the bidder upon completion of the bid evaluation process.

5.2 BID SECURITY (For Bids Equal to or Less Than $100,000.00)

5.2.1 In soliciting bids for this Project, the Owner will not require bidders to submit bid security for Bids equal to or less than $100,000.00. Any contrary provisions contained in the Instructions to Bidders are hereby superseded. Each bidder, however, covenants and agrees, as an express condition of their Bid, that, in the event the bidder is awarded the Contract, the bidder will execute the contract, furnish acceptable performance and payment bonds as may be required by state law or as the bidder elects to provide, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as is specified in the Bid Documents within ten (10) days after the contract is awarded and delivered to the successful bidder for final execution. If the bidder fails or refuses to do so, the bidder covenants and agrees to pay to the Owner five percent (5%) of the highest dollar amount of said bid (plus reasonable attorney's fees and court costs, if necessary for the collection of the amount owed) as liquidated damages, it being difficult and impractical to determine accurately the actual amount of damages accruing to the Owner by reason of the bidder's failure to execute a contract.

Further, the defaulting bidder shall not be eligible to submit a Bid if the contract is re-advertised for new bids.

ARTICLE 6

6.1 RECEIPT, OPENING AND EVALUATION OF BIDS

6.1.1 The Owner will receive Bids and Bid bonds only on the Owner-approved forms included in the Bid Documents or provided on the Owner’s Internet electronic bidding website.

6.1.2 Envelopes containing the Bids shall be opaque and shall be addressed to the City of Dallas, Business Development and Procurement Services, Dallas City Hall, 1500 Marilla, Room 3/F/North, Dallas, Texas 75201. The outside of the envelope shall be plainly marked with the word "BID," the name or description of the Work for which the Bid is submitted, and the name and address of the bidder. If stefan.kesler Text Box Bids are required to be submitted electronically via the City of Dallas' solicitation website at https://dallascityhall.bonfirehub.com by 1:00 PM on Fridays. All bids will be publicly read at 2:00 PM on Fridays and can be viewed on the City of Dallas' website at www.dallascityhall.com (see City Meetings). Bid title, department, and date of public reading are listed below and on the City of Dallas' solicitation website at https://dallascityhall.bonfirehub.com. Unless otherwise noted in the description below the bid packet may be obtained from https://dallascityhall.bonfirehub.com.

Submittals will not be accepted after the due date/time and hard copy submittals are not permissible.

the Bid is sent by United States mail or through some other package delivery service, the sealed envelope containing the Bid must be enclosed in another envelope addressed as specified above.

6.1.3 Bids will be accepted for furnishing and installation of all items under one contract for the entire Project, unless otherwise specified in the Bid Documents. Bids will be considered only on the basis of the complete Project. Any proposal for only one part of the Project will be rejected as nonresponsive, unless otherwise specified by the Owner in the Bid Documents.

6.1.4 The date and time for receiving Bids, the time and place of opening of Bids, and other pertinent information is as established in the Request for Bids.

6.1.5 After the Bids are publicly opened and read aloud, the Bids shall thereafter remain on file for public inspection in the office of the Park and Recreation Department for a period of not less than forty-eight (48) hours after opening of the Bids. No Contract will be awarded or entered into until at least forty-eight (48) hours shall have elapsed since the Bid opening.

6.1.6 The Owner will award a contract for the Project to the lowest responsible bidder, subject to the rights of the Owner as prescribed by applicable law and as described in the Bid Documents and these Instructions to Bidders.

6.1.7 The Owner reserves the right to reject any and all Bids. The Owner, however, reserves the right, in the Owner’s sole discretion, to waive any minor irregularities in a Bid and to make the contract award in the best interest of the Owner. Bids will be considered irregular if they show any minor (a) omissions, (b) alterations of form, (c) additions or conditions not called for, (d) unauthorized alternate Bids, or (e) other irregularities of any kind. Bidders are advised not to submit irregular Bids, as irregularities may be grounds for rejection of the Bid by the Owner.

6.1.8 Unless otherwise specified elsewhere in the Bid Documents, the Owner may also, in its sole discretion, accept or reject any of the Alternates or schedules that may be set forth in a Bid.

6.1.9 Any Bid may be withdrawn prior to the specified date and time for the receipt and opening of Bids or the authorized postponement of the date and time for receipt and opening. Any Bid received after the time and date specified shall not be considered for any purpose. UNLESS OTHERWISE

SPECIFIED ELSEWHERE IN THE BID DOCUMENTS, NO BIDDER MAY WITHDRAW

A BID WITHIN ONE HUNDRED FIFTY (150) DAYS AFTER THE DATE OF THE

RECEIPT AND OPENING OF BIDS. Negligence on the part of any bidder in preparing a Bid does not automatically confer a right to withdraw the Bid after opening.

6.2 BIDDER QUALIFICATIONS

6.2.1 The Owner is authorized to reject the Bid of a bidder that:

a. submits a Bid that materially varies from or is otherwise non-responsive to the requirements of the Bid Documents;

b. owes a debt to the Owner and fails or refuses to satisfy the outstanding debt prior to the date scheduled for award of a contract by the Owner;

stefan.kesler Text Box

c. is in default (or whose surety is in default) on an existing contract with the Owner at the time of Bid opening and cannot cure the default prior to the date scheduled for award of a contract by the Owner;

d. does not comply with the safety record criteria established by the Owner pursuant to Section 252.0435, Texas Local Government Code, as amended;

e. does not comply with the environmental record criteria established by the Owner in these Instructions to Bidders;

f. has a history or reputation of poor performance or failure to complete on time on other contracts with the Owner or similar contracts with other persons or entities;

g. has a history or reputation of filing frequent, excessive, and meritless claims, or fraudulent claims, against the Owner or against other contractors on a project of the Owner;

h. lacks the necessary integrity, experience, or qualifications, or lacks the necessary financial capability or capacity, to perform the Work in the manner required under the Bid Documents;

i. is a party to collusion along with other bidders on the same Project, or on other projects of the Owner or of other persons or entities, to fix or otherwise affect bid prices to the detriment of the Owner;

j. has an interest in more than one Bid for the Work that is the subject of the Request for Bids; or

k. fails or refuses to include proper bid security with the Bid, including but not limited to the bidder’s failure to submit a Bid bond on the form prescribed by the Owner.

6.3 BIDDER MISTAKES

6.3.1 The following additional rules govern the Owner’s evaluation of Bids if a bidder makes a mistake in a Bid:

a. Except as provided below, a Bid may not be changed for the purpose of correcting an error in the Bid price. The lowest responsible bidder is determined by referring to the grand total of all bid line items for the Work (consisting of whatever line items, lump sum amount, schedules of items, and Alternates the Owner advertises and may choose to award). The grand total is calculated by adding together the respective extended total of the applicable line items, schedules of items, or lump sum amount, along with Owner-elected Alternates, if any. In the case of Bids for a job order contract, the Owner reserves the right to award the contract on the basis of the best value to the Owner. In the case of a contract where the Bidders are not required to calculate extended totals or a grand total of all bid line items, the Owner reserves the right to calculate the grand total based on the applicable extended totals, schedules, or unit prices quoted and submitted.

b. If there is a discrepancy in a Bid because the price of a line item is stated differently in words from in numbers, the actual amount that the bidder included in his grand total for that line item will control; except that on Bids for a job order contract or another contract where the Bidder is not required to calculate extended totals or a grand total of all bid line items or schedules, words will control over numbers. Notwithstanding any provision to the contrary in this Section, a conflict, error, or discrepancy of any kind may not be assumed, calculated, or reconciled in a way that changes the overall result of bidding as determined from each bidder’s originally calculated grand total.

c. If a Bid contains a mathematical error in the calculation of an extended total on a line item, the amount of the Bid will still be considered on the basis of the grand total of all applicable line items or schedules for the Work. If a mathematical error made in an extended total has been calculated and incorporated into the grand total, the error cannot be corrected, except as provided in subparagraph (e) below.

d. If there is an error in the grand total resulting solely from a mathematical error of the Bidder in adding together otherwise correct extended totals, the Bidder is bound by the grand total in the Bid, and the Bid cannot be changed to correct the error, except as provided in subparagraph (e) below.

e. If a mathematical error made in calculating the extended total of a line item, or in calculating the grand total from otherwise correct extended totals, causes the grand total of the lowest responsible bidder to be higher than it would be if the Bid had been mathematically correct but the Bid remains the lowest responsible bid with or without the error, the Owner may, in the Owner’s best interest, award a contract based upon the mathematically correct lower number, treating the error as a waivable irregularity, as long as the overall result of bidding is not changed. The Owner reserves the right, after contract award, to reconfigure any unit price of a line item or schedule where an error, conflict, or discrepancy is discovered to make it conform to the mathematically correct grand total.

f. The provisions of this Section do not affect the common law right of a bidder to withdraw a Bid due to a material mistake in the Bid, nor do they affect the right of the Owner to reject any and all bids for any reason.

ARTICLE 7

7.1 BID DOCUMENTS

7.1.1 The Bid Documents will be placed on file and may be examined or purchased (non-refundable) during business hours at the office of the Park and Recreation Department, Dallas City Hall, 1500 Marilla, Room 6/F/South, Dallas, Texas 75201. The phone number of the Department’s office to call for information concerning the availability of Bid Documents is (214) 670-4107. The Bid Documents will also be placed on and accessible from the Owner’s Internet electronic bidding website. If particular documents are too voluminous or cumbersome to be placed online, or are temporarily unavailable online, those documents will be available for purchase or examination as described above.

7.1.2 Complete sets of Bid Documents will be available for each interested bidder who is a prime contractor for the purpose of preparing a good faith Bid.

7.1.3 The purchase price for each set of Bid Documents may be found in the Request for Bids and is based on the cost of reproduction for each set.

7.1.4 Payment for Bid Documents will be by certified check or money order. All checks shall be made payable to the order of the City of Dallas. No cash, personal or corporate checks will be accepted.

ARTICLE 8

8.1 PRODUCT SUBSTITUTIONS

8.1.1 Except as provided in Paragraph 8.1.2, the Owner shall not attempt to determine the acceptability of any proposed product substitution prior to receipt and opening of Bids. The inclusion of a substitute product in a Bid shall be done at the bidder’s own risk, with the understanding that if the Owner finds, after the Bids are opened and the bidder’s Bid is deemed the lowest responsible Bid, that the substituted product is unacceptable, the bidder shall furnish the product specified, or an approved equal, at no additional cost to the Owner.

8.1.2 Where specifications indicate only one product is acceptable for the particular Work on a Project, a substitute product will be allowed only if the bidder has received express written approval for a substitution from the Owner, upon the written recommendation of the Architect, prior to receipt and opening of Bids. The request for written approval of the Owner must be made by a bidder at least fourteen (14) days prior to the date of receipt and opening of Bids. If the substitute product is accepted, the Owner shall issue an Addendum informing other interested bidders of the approval of the substitute product.

8.1.3 In all cases, the burden of proof rests on the bidder to demonstrate the substitute product's compliance as equal or superior to the specified product or products.

ARTICLE 9

9.1 EXECUTION OF CONTRACT

9.1.1 The sole proprietor, corporation, partnership (general or limited), limited liability company, association, or other business entity that is the successful bidder shall, within ten (10) days after the contract is delivered, sign the necessary forms constituting the contract with the Owner and furnish evidence of bondability and insurability. Within ten (10) days after the contract is awarded, the successful bidder shall furnish the necessary performance and payment bonds and provide sufficient written evidence of compliance with the insurance requirements as required under the Bid Documents.

9.1.2 No contract shall be binding on the Owner until it has been approved as to form by the City Attorney, executed by the City Manager, and delivered in its fully executed form to the successful bidder.

9.2 FAILURE TO EXECUTE CONTRACT

9.2.1 The failure of the bidder to execute the contract, provide the required performance and payment bonds and furnish sufficient evidence of compliance with the Owner’s insurance requirements within ten

(10) days after the contract is awarded shall constitute a breach of the Bid requirements. In that event, the Owner may, without further notice, rescind any contract award previously made and retain or collect the proceeds of the Bid security previously furnished. The submission of a Bid constitutes an acceptance of this requirement. In event the Owner should re-advertise for new Bids, the defaulting bidder shall not be eligible to submit a new Bid.

ARTICLE 10

10.1 ISSUANCE OF NOTICE TO PROCEED AND WORK COMPLETION

10.1.1 Following final execution of the contract, the Owner shall issue a Notice to Proceed to the Contractor, advising that the contract has been fully executed and that the Contractor shall begin the Work within ten (10) days after the date specified in the Notice to Proceed. The sales tax exemption certificate will be issued with the Notice to Proceed.

10.2 COORDINATION

10.2.1 The Owner shall have the right to do other work or to award other Contracts for work to be done on the same Project site as specified for the work to be done under the Contract that has been awarded.

The Owner's arrangement as to precedence of work and the relationship between the Contractor and the Owner or other contractors shall be controlling.

ARTICLE 11

11.1 MINIMUM WAGE RATES

11.1.1 In accordance with Chapter 2258, Texas Government Code, as amended, the successful bidder to whom the contract is awarded and any subcontractor of the successful bidder, shall pay not less than the general prevailing rate of per diem wage and the general prevailing rate for overtime work based upon the Prevailing Wage Rate Schedules approved by the Dallas City Council on August 11, 2004, which Schedules are contained in the Project Manual which is part of the Bid Documents.

ARTICLE 12

12.1 EQUAL EMPLOYMENT OPPORTUNITY AND MINORITY BUSINESS ENTERPRISE

PARTICIPATION

12.1.1 By the submission of a Bid, the bidder agrees to comply with the following, copies of which are attached to and made a part of the Bid Documents:

a. Chapter 15B, Equal Employment Opportunity Contract Compliance, of the Dallas City Code (Ordinances 14486 and 20989); and

b. The City of Dallas Business Inclusion and Development Plan dated October 22, 2008, as may be subsequently amended (“Plan”).

12.1.2 The Owner encourages bidders to subcontract with or utilize local (having their principal place of business within the city limits of Dallas) minority/women-owned enterprises (“M/WBE”) in fulfilling the M/WBE participation goals of the Plan. The Owner recognizes M/WBE certification by the North Central Texas Regional Certification Agency (NCTRCA).

ARTICLE 13

13.1 CONTRACTOR ENVIRONMENTAL PACKET

13.1.1 The Owner is committed to environmental stewardship, sustainability, and compliance with all federal, state, and local environmental regulations. All Bidders are expected to read the Contractor Environmental Packet included as a part of the Contract Documents. The Contractor Environmental Packet is not intended to be a statement of requirements for the Contract, but rather a guideline for environmental responsibility. Certification that the Bidder has read the Packet shall be included in the Environmental Record Affidavit.

ARTICLE 14

14.1 CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY

14.1.1 Pursuant to Section 271.907 of the Texas Local Government Code, as amended, the purpose of this Article is to provide a material standard for Portland cement to be purchased or used by the Contractor in connection with the Project. This Article applies to all product or material applications manufactured or mixed with Portland cement, whether the product or material is batched or prepared on or off the Project site, including but not limited to concrete for structural or non-structural purposes, drywall, mortar for bricks, block, or stone, or other similar uses. It has been determined that Portland cement manufactured by means of a kiln process that operates with emissions that are a specific amount below the applicable state standards results in substantial reductions in emissions of nitrogen oxides (NOx). In the interest of improving the quality of the air in the City of Dallas and throughout the North Texas nonattainment area, the City of Dallas determines that it is in the public interest for the Contractor to obtain and use this type of Portland cement during construction of the Project.

14.1.2 Pursuant to Section 271.907 of the Texas Local Government Code, as amended, the OWNER will give a bid preference to the Bid of a CONTRACTOR who certifies in the Bid that, in the purchase of concrete or other products using Portland cement in construction of the Project, the CONTRACTOR will utilize Portland Cement from manufacturers who:

a. are in compliance with all applicable state and federal environmental standards relating to the emission of NOx, including all applicable TCEQ and EPA rules and regulations; and

b. operate kilns with emissions that exceed the standards for NOx emissions set out in 30 Tex. Admin. Code § 117.3110(a)(1)-(4) (as provided presently and as may be amended in the future) by the following percentage amounts:

(i) for each long wet kiln, 10 percent lower than the standard for long wet kilns located in Ellis County, Texas as set out in 30 Tex Admin Code § 117.3110(B);

(ii) for each long dry kiln, 20 percent lower than the standard for long dry kilns located in Ellis County, Texas, as set out in 30 Tex. Admin. Code § 117.3110(a)(2);

(iii) for each preheater kiln, 20 percent lower than the standard for preheater kilns located in Ellis County, Texas, as set out in 30 Tex. Admin. Code § 117.3110(a)(3);

and

(iv) for each preheater-precalciner or precalciner kiln, 35 percent lower than the standard for preheater-precalciner and precalciner kilns located in Ellis County, Texas, as set out in 30 Tex. Admin. Code § 117.3110(a)(4). [Reference: City Council Resolution No. 11-0657, passed by the Dallas City Council on March 9, 2011.]

14.1.3 The preference shall apply only to the extent that the CONTRACTOR’S Bid, as certified, is not greater than 105 percent of the lowest responsible Bid of a CONTRACTOR who does not or cannot certify that it will utilize Portland cement from a cement kiln meeting the above-mentioned emission standards. The OWNER reserves the right to pursue any remedies it has under the CONTRACT Documents in the event the CONTRACTOR falsely certifies to the requirements stated above, including but not limited to termination of the CONTRACT, adverse evaluation at final completion of the CONTRACT, or debarment from participation in future construction contracts the OWNER may advertise or award. The OWNER also reserves the right to reject any load or item of Portland cement, concrete, or other product containing Portland cement delivered in the event it is discovered that the Portland cement used in the load or item was not manufactured as certified.

14.1.4 When a bidding preference has been granted as provided herein and any load or item of Portland cement, concrete, or other product which contains Portland cement is delivered to the Project site for use, the CONTRACTOR shall obtain and present to the OWNER a sworn-to certification, using a certification form approved by the OWNER, from the Portland cement or concrete manufacturer that the load or item delivered contains no Portland cement other than Portland cement meeting the requirements as specified in Paragraph (A). The CONTRACTOR shall also obtain a manifest for each Portland cement or concrete load showing the quantity of Portland cement or concrete delivered and the location of the manufacture of the Portland cement, along with the name of a designated representative of the Portland cement manufacturer for purposes of contact by the OWNER if necessary. On a monthly basis or other frequency desired by the OWNER, the CONTRACTOR shall furnish for inspection by the OWNER of a copy of the delivery manifests obtained. The CONTRACTOR shall certify in writing that the manifests are true and correct to the best of the CONTRACTOR’S knowledge. Notwithstanding the manufacturer's certification, the CONTRACTOR will be held responsible in the event the OWNER discovers that the cement used was not manufactured in accordance with the requirements of Paragraph (A).

14.1.5 The OWNER reserves the right to pursue any remedies it has under the CONTRACT Documents in the event the CONTRACTOR fails to comply with this materials specification, including but not limited to termination of the CONTRACT, adverse evaluation at final completion of the CONTRACT, or debarment from participation in future construction contracts the OWNER may advertise or award. The OWNER also reserves the right to reject any load or item of Portland cement, concrete, or other product containing Portland cement delivered in the event it is discovered that the Portland cement used in the load or item was not manufactured as certified.

COUNCIL CHAMBER

110657 March 9. 2011

WHEREAS, air pollution is a significant environmental issue that can threaten the health of human beings and impacts the ecological systems of the Earth; and

WHEREAS, the primary air pollutants of concern to the Dallas-Fort Worth area are nitrogen oxides (NOx), volatile organic compounds (VOCs), particulate matter…