3-01 - Specifications.pdf

City of Dallas

Request for Competitive Sealed Proposals (RFCSP) Project Title: Demolition Services

Buyer Solicitation Number: BHZ26-00030178 http://www.dallascitynews.net/ http://www.dallascitynews.net/�

Scope of Work

I. Introduction, Purpose, and Intent

It is the intent of this specification to establish a four (4) year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for demolition services. The contract will include the demolition and removal of improvements, such as accessory structures, single-family, duplex, multi-family and commercial structures and clearing and leveling of premises at various locations, all within the corporate limits of the City of Dallas. An ID/IQ agreement is established when quantities of services and/or delivery schedules cannot be determined. Services under this agreement will be ordered on an as needed basis for the term of the agreement.

This contract will also include the demolition of buildings, structures, or portions of the same, that have been found to constitute an urban nuisance and are to be demolished according to orders and decisions rendered by District Court of Dallas County and Municipal Courts of the City of Dallas; and structures that are to be considered an extreme health hazard by the City Health Official or in danger of imminent collapse by the City Fire Marshall.

Texas Department of State Health Services Notification and City of Dallas fees will be paid by the City of Dallas.

Proposers understand that this contract is for the City of Dallas Demolition Program and the City reserves the right to solicit any additional demolition work separately if it is not included in this program.

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

During the solicitation process proposers are required to limit their communication regarding this project to the Buyer referenced herein. A preproposal meeting will be held by the City whereby the proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically; the City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. Proposal Submittal Requirements

1. Proposer must have been in the business of providing the proposed services for a minimum of three (3) years.

2. Proposer must provide relevant experience of three (3) completed projects within the last two (2) years.

3. Provide three (3) recent client references including the contact’s first and last name, phone number, email, and agency or company name.

https://dallascityhall.bonfirehub.com/login

4. Sample Contract: A sample contract, subject to tailoring and revision by the City Attorney’s Office, is provided as an attachment and must be submitted with proposal.

IV. Scope of Work

1. Demolition Building

This item provides for the demolition and hauling to a landfill licensed by the State of Texas to receive building materials or hazardous materials of all accessory structures, single family/duplex structures, multiple family/commercial structures, clearing and leveling of the site.

This includes handling and moving of personal property and all fees related to the transport and disposal of material. No salvaging activity of any kind concerning personal property (furniture, etc.) is allowed except for recyclable materials which may be taken to a recycler.

When there are basements or cellars, remove all walls, ceilings, and floors completely. Fill the depression with fill dirt; compact the soil at not more than 12-inch intervals to prevent settling.

Follow the same procedure when removing septic tanks, storm shelters, shafts, swimming pools, dumps, pits, storm sewers and/or other underground items or depressions including the draining or removal of any materials. Remove grade beams or foundation walls and piers to a minimum of twelve (12) inches below grade level.

The contractor shall clear and remove all dead trees and underbrush from the property and, to the greatest extent possible, protect plants, shrubbery, landscaping and/or living trees from damage unless removed to provide access to the structure requiring demolition. The Contractor shall, at their expense, correct any damage to these plants and cleanly cut broken limbs from any damaged plant or tree.

The contractor shall level the entire lot with the adjoining properties, from the back of the street curb (or sidewalks) to both side lot lines and to the rear property line with a box blade or similar piece of equipment. Remove all refuse, building debris, foreign materials, and other structural elements such as porches, concrete slabs, fences etc. This includes the removal of refuse and debris left on the site or right-of-way by others after the Contractor has started his work on the site.

The contractor shall provide the following services:

• Bracing/Reinforcement of shared walls with adjoining structure(s) or if needed to prevent damage to adjacent properties

• Security Services (when requested by the City of Dallas)

The Contractor shall leave the site in a condition that will facilitate positive drainage, prevent water ponding and is suitable to hand mowing. When the lot requires fill dirt for leveling to provide positive drainage, use fill dirt as defined above. Before placing fill dirt, loosen existing subsoil, place and spread evenly. This will ensure a finish grade after settlement. Do not place fill dirt when ground is frozen, excessively wet, or in a condition whereas dirt cannot be worked easily and dressed smooth.

The Contractor will completely remove drive approaches damaged by the vendor during demolition activity and fill the void with fill dirt as defined above. Install new curb and gutter to match existing where the drive was removed. If the Contractor damages an existing storm drain under the drive, then it is to be replaced at the Contractor’s expense.

The Contractor will bear the replacement expense, to sidewalks, for all damages caused by the vendor including any sidewalk in or beneath which there is guttering or a surface water drainage provision (steel or concrete pipes).

Before demolition, the Contractor will cap all water, sanitary sewer, and storm sewer facilities to prevent the entry of foreign or extraneous matter into these facilities, Capping shall comply with all applicable International Codes (I-Codes) published by the International Code Council (ICC).

The Contractor shall coordinate the disconnection and removal of all on-site utilities before initiating demolition.

The Contractor shall ensure removal of gas meters and risers and then cap off the service line within the public right-of-way.

The Contractor shall remove all underground water/sewer lines and gas piping that is 24" deep or less within the property boundary lines.

If the Contractor encroaches upon an adjacent lot, he will repair any damage to the property, with the owner's approval, at his own expense.

The Contractor can only invoice for one mobilization fee per property.

The City will not pay the Contractor for any work where the Contractor is found to have illegally dumped materials from the job site.

The Contractor will notify the City of Dallas and the owner of any rented property (dumpsters, chain link fences, or exterior metal securing devises, etc.) left on the site so the rented property can be picked up before demolition.

Remove fences around the work site unless there is a house next door or at the rear, that shares its use. Contractor shall protect shared or common fences from damage and if damaged, shall repair them to original condition or better at his expense.

The Contractor shall provide rental of fences.

The Contractor shall comply with all provisions of Federal, State and Dallas City Code as related to demolition as well as the City of Dallas Tree Preservation Ordinance, Article X of the Dallas Development Code.

The area of the building or structure, for computation purposes, will be based on the "footprint" or outline of the outermost perimeter of the contiguous building or structure per floor.

*To be measured by square foot only, not converted into other measurements. (Cubic yards, cubic feet, centimeters, etc.) Each level of a multi-level structure is considered a separate footprint.

Upon completion of all demolition services an Application-of-Payment is required including all documentation (ex: photos, landfill manifest, etc.) supporting services provided for payment to the City of Dallas within thirty (30) days of completion of work.

2. Wet Demolition

The Contractor may be required by the City to conduct a wet demolition where a regulated structure is in imminent danger of collapse, where it cannot be safely entered into for materials testing or for asbestos abatement activities, or where it has already collapsed. In these situations, the Contractor shall haul the asbestos containing building debris to a landfill licensed by the State of Texas to receive hazardous materials.

For wet demolition, the contractor must submit an estimate of the cubic yards of material of the building or structure per floor to be hauled to a landfill licensed by the State of Texas to receive hazardous materials.

*Manifests from the landfill licensed by the State of Texas to receive hazardous materials will be requested by the City directly and compared to the invoice submitted by the Contractor to verify charges.

Wet demolition will be conducted per the definition stated above as well as all requirements established for regular demolition. The only exception being the difference in measurement (cubic yard, for wet demolition versus square feet for regular demolition).

The City will inform the Contractor of the City's testing laboratory that provides materials testing and air monitoring for asbestos fiber release during the demolition of regulated structures; the Contractor shall coordinate demolition efforts with that laboratory.

Upon completion of all demolition services an Application-of-Payment is required including all documentation (ex: photos, landfill manifest, etc.) supporting services provided for payment to the City of Dallas within thirty (30) days of completion of work.

3. Site Clearance

This item provides for the collection and removal of abandoned building products or other materials not associated with building structures or items covered in Item #1 or hazardous building debris covered in Item #2. The Contractor shall clear the balance of the site area of overgrowth, dead trees, stumps, brush, roots, weeds, logs, rubbish, and other objectionable matter from the area. The Contractor shall load and haul these products from the site and dispose of them at an appropriate landfill. Bid items shall include loading and hauling charges to the landfill (this includes all disposal fees, transport fees and anything associated with the disposal of material taken from the property).

The contract will include hauling of all non-regulated demolition debris (does not include asbestos containing material) including roofing materials, brick, siding, structural components, gypsum board, flooring asphalt, etc. to a landfill licensed by the State of Texas to receive building materials. The dumping of the hauled materials, except for recycled materials, anywhere other than in an approved legal landfill, is cause for the City to terminate the contract immediately. The contractor shall haul all regulated demolition debris (asbestos containing materials) only to a landfill licensed by the State of Texas to receive hazardous materials.

For site clearance the contractor must submit an estimate of the cubic yards of a material for collection and removal of abandoned building products or other materials not associated with building structures.

The Contractor shall comply with all provisions of Federal, State and Dallas City Code as related to site clearance as well as the City of Dallas Tree Preservation Ordinance, Article X of the Dallas Development Code.

*Manifests from an appropriate landfill must be submitted by the Contractor along with the invoice to support charges for Site Clearance. The manifest will be compared to the invoice submitted by the Contractor to verify charges.

*Charges invoiced for work completed shall not be duplicated for the same material. The material from the demolition of the structure shall be accounted for in the square foot computation according to bid Item #1 and not recharged under the materials in bid Item #3.

Upon completion of all demolition services an Application-of-Payment is required including all documentation (ex: photos, landfill manifest, etc.) supporting services provided for payment to the City of Dallas within thirty (30) days of completion of work.

4. Mobilization Fee

The transport of all needed equipment and necessary materials required for the demolition.

5. Backfill Fee

To refill an excavation.

6. Leveling & Grading Fee

The act of distributing soil or material to achieve evenness in the landscape and to promote positive drainage.

7. Asphalt/Concrete Parking Removal Fee

The removal of asphalt and concrete material located on the property, leaving the lot blade clean.

8. Fireproofing Material (Asbestos Abatement)

The removal of Fireproofing Material containing asbestos.

9. Ceiling or Wall Textures and/or Tape and Bedding Material on Sheetrock or Any Type Board or Material; Spray-on or Trowel-on Acoustical Ceiling Material; Acoustical Ceiling Panels or Tiles (Asbestos Abatement)

The removal of ceiling or Wall textures and any material on the ceiling and walls that may contain asbestos.

10. Floor Tile or Sheet Floor Covering and Mastic (Asbestos Abatement)

The removal of floor tile or sheet floor covering and mastic containing any asbestos.

11. Cement Boards, Panels, or Siding (Asbestos Abatement)

The removal of cement boards, panels, or siding containing asbestos.

12. Cement Pipes and Fittings 4” – 6” O.D. (Asbestos Abatement)

The removal of cement pipes and fittings containing any asbestos.

13. Thermal System Insulation - Pipe Runs Including Fittings and Valves (Asbestos Abatement)

The removal of thermal system insulation – pipe runs including fittings and valves containing asbestos.

14. Thermal System Insulation – Boilers, Tanks, or HVAC Units (Asbestos Abatement)

The removal of thermal system insulation – boilers, tanks, or HVAC units containing asbestos.

15. Fire Door (Asbestos Abatement)

The removal of fire doer containing asbestos.

16. Isolation Gaskets on HVAC Units or Ducts (Asbestos Abatement)

The removal of isolation gaskets on HVAC units or ducts containing asbestos.

17. Caulk (asbestos abatement)

Pictures

The Contractor shall take photographs of the interior and exterior of the property before scheduled demolition takes place and a photograph of the site after completion of the demolition.

These photographs and landfill manifest shall be submitted with the Application-for-Payment.

Failure to submit the required photographs or landfill manifest relieves the City of Dallas of its obligation to pay for the work done.

Timely Completion

The work on designated structures and premises shall be completed by the Contractor, within the time given in the Notice-to-Proceed. The Contractor's failure to complete such work within the prescribed time to the satisfaction of the Director will form a breach of the demolition agreement and may result in termination of the contract.

Notice of Change of Jobsite Conditions

The description supplied under "Work to be Performed" will clearly indicate the structure designated for demolition and clearance work. Under no circumstances shall the Contractor enter premises, nor begin any demolition or clearance work in the event of the following:

• Appears to have been recently cleared or is in the process of being cleared.

• If any person, business, or corporation occupies the property.

• If there is a building permit displayed at the property or other evidence showing that construction, remodeling, or repair work is in progress.

The case of threat expressed or implied from an occupant or person in apparent custody or control of the property.

Interim Inspection

If concealed or unusual conditions arise, which would render compliance impossible or otherwise affect the Contractor’s ability to do the work agreed upon, the Contractor will report such matter immediately to the Designated City Representative. The Contractor will receive sufficient information or direction from the Director before proceeding with the work.

Final Inspections

Within twenty-four (24) hours, or no later than the first business day following completion of the demolition and clearance of a property the Contractor shall notify the Designated City Representative of the completed work.

Demolition Permit

The City will provide the Contractor with a demolition permit and the Texas Department of State Health Service Asbestos Notification Program (TDSHS) notice of demolition for regulated structures with the Notice-to-Proceed. Contractor shall not do any work until these documents are received.

On sites, involving one (1) acre or more, the Contractor, at his expense, will meet the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulations for storm water.

Except for the demolition permit and TDSHS notification form, Contractor shall obtain and pay for all required permits and authorizations required by local codes and ordinances for the performance and execution of this work. All rubble, rubbish and debris resulting from the work hereunder will be disposed of in a lawful and proper manner, and according to all ordinances of the City of Dallas and laws of the State of Texas regulating demolition. Failure to conform to all City Ordinances and State laws may result in default of the contract by the Contractor and may result in immediate termination from this service contract. This provision prohibits any dumping on private property.

Notification Requirement

Notification of demolition for all regulated structures demolished under an order by the City must be submitted to the Texas Department of State Health (TDSHS), Division of Occupational Health, Asbestos Programs Branch, 1100 W. 49th St., Austin, Texas 78756, ten (10) business days before demolition is to start. The awarded Vendor(s) will make such notification and will provide a copy to the Contractor along with the demolition permit and Notice-to-Proceed when applicable.

V. 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 four (4) hours of receipt.

VI. Commencement Date

The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the contract.

VII. Award Method

The City’s intent is to award this solicitation by group, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive.

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

VIII. Location and Invoicing

The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered.

If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

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

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

• Date of order or Service

• Detailed description of each service

• Price 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. Vendors who fail to follow this procedure risk having the contract with the City cancelled.

IX. Total Cost of Goods and/or Services

Pricing shall be firm for the entire contract unless otherwise stated herein.

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 Proposer when the proposal was submitted and regardless that those costs were actually incurred.

X. Evaluation Criterion

The City of Dallas will review the proposals submitted by all proposers. Based on the evaluation criteria, the City of Dallas will determine which proposals are best qualified for the award of the contract.

1. Experience & Qualifications – 20 Points

a) Experience – (10 points)

• Proposer must provide relevant experience of three (3) completed projects within the last two (2) years.

b) Qualifications (10 points)

• Proposer must have been in the business of providing the proposed services for a minimum of three (3) years.

2. Approach – 25 Points

a) Provide a proposal response outlining approach to the requirements of the scope of work detailed in Section IV.

• Below average - Goals and objectives that do not specifically address the scope of work or services. (0-10 points)

• Acceptable – Goals and objectives specifically address the scope of work and services. (11-20 points)

• Exceptional – Goals and objectives specifically address the scope of work and services successfully and progresses goal success beyond the services. (21-25 points)

3. Cost – 30 points

a) Proposed Cost of Services

4. Local Preference Program- 5 Points

a) The City of Dallas aims to maximize economic return in the procurement of goods and services with the Local Preference Program. The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. 5 points will be awarded to those Suppliers that qualify for the local Preference points on a pass/fail basis.

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

• Proof of principal place of business located in the City of Dallas, OR

• Proof of local workforce composition including:

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

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

• If available, participation in Workforce Development Program

5. Developing Regional & Inclusive Vendor Enterprises (DRIVE) - 20 Points

• 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.

• Evaluation points shall be awarded as follows:

SBE Utilization – up to 8 points

• Proposed SBE Commitment

• First-time Contracting Local Economic Impact – up to 6 points

• Local Workforce

• Local Supply Chain Usage

• Local Community Investment Engagement Score – up to 6 points

• Past Subcontractor Utilization

• Documented Engagement Efforts

• Past Timely Payments to Subcontractors

• 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 most advantageous proposer 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

XI. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

2. Performance & Payment Bond Form (OPS-05)

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

4. Copy of contractor’s internal affirmative action plan or policy

5. Statement of Insurability (OPS-04)

6. Living Wage Affidavit (OPS-03)

7. Local Preference Form (OPS-31)

8. Sample Contract with markups

9. SBE Affidavit BEH-FRM-602.SAW

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

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

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

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

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

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

16. Any other City documents as required

XII. Opening of Proposals

The City will open proposals during the bid reading. Proposer names will be publicly read at the bid reading which take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

mailto:businessenterprisehub@dallas.gov

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

XIII. Review of Proposals

1. The City will review and evaluate the proposals submitted to determine if submitted proposals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFCSP. Vendor Presentations are anticipated to take place upon close of the solicitation. Proposers will be notified by the buyer as to the location and times of presentations.

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

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

XIV. Proposal Pricing

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

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

XV. Insurance and Bonding Requirements

Insurance:

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.

Bonding:

Awarded agency will be required to secure payment bonds in the form required by the City and maintain them for the term of the contract. The performance and payment bonds will be 100% of the annual amount of the contract. Bonding requirements are the responsibility of the prime contractor. It is the prime contractor’s responsibility to obtain and maintain the required bonding throughout the term of the contract.

XVI. Discussion with Reasonably Qualified Proposals

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

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

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

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

• Notice of any changes in the Proposal requirements

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

3. After the most advantageous proposer(s) has been identified, Contract negotiations may commence. If at any time Contract negotiation activities are judged to be ineffective, Office of Procurement Services will cease all activities with the proposer and begin Contract negotiations with the next highest ranked proposer. This process may continue until either both the proposer and Office of Procurement Services executes a completed Contract or Office of Procurement Services determines that no acceptable alternative proposal exists.

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

XVII. Rejection or Acceptance of Proposals

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

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

XVIII. Late and Withdrawn Proposals

Proposals 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.

XIX. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the https://dallascityhall.bonfirehub.com/login solicitation process and prior to award. Respondents who include information in a proposal that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the proposal “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a proposal, the Proposer shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XX. Disqualification of Proposers

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

• Reason to believe collusion exists among the proposers

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

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

XXI. 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.

XXII. 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.

XXIII. 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.

XXIV. Default by Contractor

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

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

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

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

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

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

If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXV. Termination

1. 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.

2. The dumping of the hauled materials, except for recycled materials, anywhere other than in an approved legal landfill, is cause for the City to terminate the contract immediately.

XXVI. Miscellaneous

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

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

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

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

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

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10. Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XXVII. 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) XXVIII. 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 TBD %.

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. XXII.1

XXIX. Indemnity

The selected Proposer agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Proposer’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Proposer, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Proposer and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXX. 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.

XXXI. 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.

XXXII. 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 non-responsive 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.

XXXIII. Selection Process

The internal team will evaluate all proposals received in response to this RFCSP. After reviewing the proposal submissions, consultants may be selected for in-person interviews/oral presentations. From those presentations and possible interviews, the proposals will be re-evaluated, and final determination will be made.

The City of Dallas will pursue negotiations with the top ranked respondent with the goal of entering into a contract.

XXXIV. Development Costs

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

XXXV. Contract Award

Upon selection of a successful Proposer, the City and the Proposer will negotiate a final contract, based on the terms outlined in this RFCSP. A sample agreement, with the general terms for the final contract, is attached as Sample Contract for Services. By submitting a proposal, the Proposer agrees to be bound by these terms and conditions unless otherwise noted in the Submittal. The final contract is subject to City Council approval.

XXXVI. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFCSP 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…