4-01-Specifications.pdf

Specifications/Scope of Work Template

City of Dallas

Request for Competitive Sealed Proposals (RFCSP) Project Title: Large Diameter Concrete Water Mains, Accessories, and Emergency Service Repairs Buyer Solicitation Number: BLZ26-00028916 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The purpose of the specification is to establish a sixty (60) month Indefinite Delivery/Indefinite Quantity (ID/IQ) purchase and service contract for large diameter concrete water mains, accessories, and emergency service repairs for the City of Dallas.

An ID/IQ term agreement is established when quantities of goods or services and/or delivery schedules cannot be determined. Goods or services shall be ordered on an as needed basis for the term of the agreement.

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

During the solicitation process proposers are required to limit their communication regarding this project to the Buyer referenced herein. A preproposal meeting will be held by the City whereby the proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address 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

To be considered responsive, bid response must be submitted electronically (https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation.

IV. General Product & Service Requirements

Quality Assurance

a. The successful proposer(s) is responsible for insuring all shipments of material received from manufacturers or suppliers are constructed with the proper materials to the required manufactured tolerances. Improper manufacturing, damage occurring during transport and all other transactions between the Contractor and parts supplier, manufacturer, or another Contractor/Vendor shall be the sole responsibility of the Contractor. The City shall not be responsible for additional or unforeseen costs incurred by either party.

b. The successful proposer(s) shall ensure that the services rendered are performed with adequate quality control. If any service is determined to be unsatisfactory by the City of Dallas, the service is to be rendered again within thirty (30) working days after the detection by the City of Dallas at no additional cost. Awarded vendors will be held responsible for all work including those of subcontractor(s).

https://dallascityhall.bonfirehub.com/login

c. Application for water main pipes: Concrete shall be made with Portland cement Pursuant to Section 271.907 of the Texas Local Government Code material standard. Portland cement is a composite material composed of an aggregate bonded together with fluid cement. The specified product shall utilize Portland cement that is manufactured by means of a dry kiln process. Failure to use Portland cement manufactured through a dry kiln process as required above shall render the bid non-responsive.

V. Permits & Licenses- The Contractor shall have all permits and/or license required from the local, state and federal authorities at the time of award. The Contractor is responsible for and shall include all charges incurred, whether foreseen or unforeseen, for these permits, licenses and inspections.

VI. Specifications or Scope of Work

Material/Product Requirements

Reference Standards for Storm Sewer Pipe: Pipe in this specification pertaining to storm sewer is required to meet the American Society for testing and Material designation C76, Class III, Wall B. Copies of the American Society for Testing and Material designation C76, Class III, Wall B may be viewed at the City of Dallas, Main Library, 1515 Young Street or purchased from North Texas Council of Governments in Arlington, TX, 817-640-3300. Unless otherwise stated, the latest editions of the following documents are applicable for this specification: If there is a conflict between codes then Texas Local Government Code has supremacy.

Group Description 1 AWWA Water Pipe L-301/E-301, CL200-20 2 AWWA Water Pipe C303 Bar Wrapped, CL200-20 3 AWWA Water Pipe L-301/E-301 Repair Sections with 24” Outlets

AWWA Water Pipe L-301/ E-301 - 30” Outlets with Blind Flange, Nuts, Bolts & Gasket

5 Excavation, Shoring, Back Filling and Compacting/Complete Repair Process 6 AWWA C303 & C301 Concrete Water Pipe Fittings 7 AWWA C200 Steel Water Pipe & Fittings

Parts & Labor for Emergency Services Including Welding to Repair Concrete Main Leak

9 Parts & Labor for Emergency Services Including Welding to Repair Steel Main Leak

Tapping & Line Stop Emergency Leak Repair & Service for Concrete Main & Steel pipe

Reference Standards for Water Main Pipe: Pipe in this specification pertaining to water main repair is required to meet the American Water Works Association C301, pre-stressed concrete embedded cylinder pipe (E-301), C303 Concrete Bar-Wrapped Cylinder Pipe, Steel Water Pipe C200, C207 & C208. A copy of the M9 and M11 manual can be purchased from American Water

Works Association. Unless otherwise stated, the latest editions of the following documents are applicable for this specification:

A. Pursuant to Section 271.907 of the Texas Local Government Code, as amended, the purpose of this Item is to provide a material standard for Portland cement to be furnished by the proposer. This Item applies to Portland cement and all products or material applications specified in this proposal manufactured or mixed with Portland cement, including but not limited to concrete for structural or non-structural purposes, drywall, mortar for bricks, block, asphalt mix, slurry, stone, or other similar uses. It has been determined that Portland cement manufactured by means of a dry kiln process 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 non-attainment area, the City of Dallas determines that it is in the public interest for the proposer to furnish this type of Portland cement.

B. Submitted proposals shall propose specified products or materials that contain Portland cement, manufactured by means of a dry kiln process. The term “dry kiln process” means the process in which the mixture of raw materials used to make Portland cement are mixed or ground into a dry powder for heating in the kiln without the addition of any extraneous water or other liquid material. The Proposer shall list pricing according to the provided pricing sheet. The City 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 through a dry kiln process.

C. When any load or item of Portland cement, concrete, or other product specified in this Bid containing Portland cement is delivered, upon request by the City, the proposer shall obtain and present to the City’s representative a sworn-to certification, from the Portland cement or concrete manufacturer that the load or item delivered contains no Portland cement other than Portland cement made through a dry kiln process. The Proposer shall also obtain a manifest for each Portland cement or concrete load or product delivery showing the location of the manufacture of the Portland cement used in the product, along with the name of a designated representative of the Portland cement manufacturer for purposes of contact by the City if necessary. On a monthly basis or other frequency desired by the City, the Vendor shall furnish for inspection by the City of a copy of the delivery manifests obtained. The Proposer shall certify in writing that the manifests are true and correct to the best of the Proposer’s knowledge. Notwithstanding the manufacturer’s certification, the Proposer will be held responsible in the event the City discovers that the cement used was not manufactured through a dry kiln process.

D. The City reserves the right to pursue any remedies it has under the contract or the specifications in the event the Proposer fails to comply with the material specification, including but not limited to termination of the Contract or debarment from participation in future contracts the City may advertise or award.

E. Pursuant to Section 271.907 of the Texas Local Government Code, as amended, the City will give a preference to the proposal of a Proposer who certifies in the proposal that, in regard to Portland cement, concrete, or other product specified in this Proposal using Portland cement, it is furnishing Portland cement from a manufacturer who manufactures the cement through a dry kiln process that generates average NOx emissions of not greater than 1.7 pounds of NOx per ton of clinker produced, based upon NOx emissions information furnished to the Texas Commission on Environmental Quality for the 12 months prior to the date of the proposal opening during which emissions data is available.

The preference shall apply only to the extent that the Proposer’s proposal, as certified, is not greater than 105 percent of the lowest responsible proposal of a Proposer who does not or cannot certify, that it will utilize Portland cement from a cement kiln meeting the above-mentioned emission standard. The Proposer shall use the pricing sheet to price the concrete or other specified product that utilizes Portland cement manufactured at a kiln that meets the above-mentioned standards.

If there is a conflict between codes, then Texas Local Government Code has supremacy.

Service Requirements

a. Contractors shall be prepared to furnish a list of sub-contractors that may be used.

b. The Contractor shall furnish trained and competent professionals to perform any services.

c. The successful contractor shall not sell, sublet, assign or re-assign any portion thereof to any other person or persons, except upon the written approval by City authorized representative.

d. The Contractor shall furnish all items, articles, materials, supplies, equipment, and qualified personnel necessary to perform the contracted services mentioned in these specifications.

e. The Contractor shall execute all work in strict accordance with all local, state, and national codes, ordinances and regulations governing the work involved.

The Contractor shall be held responsible for material and/or property damages while the equipment is in transport, in storage or being repaired in the Contractor’s shop facilities. All damages caused by misuse, carelessness, neglect, abuse, unqualified and/or unlicensed personnel, or disappearance (theft) shall be the responsibility of the Contractor to correct and repair damages or otherwise replace to the satisfaction of the City.

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

Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related. The warranty period will start over upon the City’s final acceptance of the repaired unit. The Contractor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that a product must be replaced, the product will be returned for full credit, including any shipping charges at no additional charge to the City.

Service Warranty All services provided under this contract shall be warranted to be free from defects in workmanship which affects the integrity of each repair. The warranty shall be for the industry’s customary warranty period or a period of one (1) year, whichever is greater. If the service and or materials used fail and is believed to be defective, the City of Dallas shall give written notice for additional service and repair. The Contractor shall make repairs at the Contractors expense in a manner mutually agreed upon by the City and the Contractor. The warranty will begin upon the City’s acceptance of the service provided.

VII. Communication

In order to provide the customer service required for this service contract, proposers shall respond quickly and clearly, this is essential for the City. Awardee must answer written correspondence (emails) from the City within twenty-four (24) hours; vendors must have a company employee (not an answering service or answering machine), who answers the phone during normal business hours, or provide a cell phone number. In such case, phone voicemail or messages should be returned within two (2) hours. The awarded vendor shall be responsible for all direct correspondence with the City and shall not delegate communication responsibilities to anyone including subcontractor, consultant, or manufacturer if applicable.

VIII. Commencement Date

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

IX. Award Method

The City’s intent is to award this solicitation by group and shall include First Year through Third Year, Fourth Year and Fifth Year pricing, but the City reserves the right to award the method that is most advantageous to the City.

Prices shall remain firm for the duration of this sixty (60) month agreement.

For each group, the City will award three (3) proposers, designated as the Primary, Secondary, and Tertiary. The proposer determined to be the most advantageous to the City will be designated as the Primary Supplier. Should the Primary Supplier be unable to meet the deadlines or requirements specified in the scope of work, the City reserves the right to reassign the order to the Secondary Supplier within that group. If the Secondary Supplier is also unable to meet the specified requirements, the City reserves the right to reassign the order to the Tertiary Supplier.

Following any reassignment, the City reserves the right to issue subsequent orders to the Primary Supplier at its discretion.

Failure by a supplier to consistently meet the requirements of the agreement, including deadlines and performance obligations, may result in corrective action up to and including suspension of orders, disqualification from future assignments under this contract, or termination of the agreement at the City’s sole discretion.

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.

X. 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 and date of delivery (services and/or materials)

• Delivery Order (DO) number

• Detailed description of each service and/or material

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

• Total cost of goods/services

Submitting invoices without the above information may cause delays in payment processing.

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow this procedure risk having the contract with the City cancelled.

Invoices must be submitted to Dallas Water Utilities, ATTN: Distribution Business Support, 4120 Scottsdale Drive, Dallas, Texas 75227.

XI. Ownership

All bidders shall bid a product that has been manufactured and/or in production and used by municipality entities for a minimum of five (5) years.

Vendors shall assign at least one (1) person to be exclusively responsible for handling the City of Dallas contract. The person or persons must be knowledgeable of the product, competent to take new orders, and able to discuss pending orders and generally provide customer assistance. The facility must be sufficiently staffed to accept and process orders placed simultaneously by numerous city departments during routine business hours Monday through Friday.

XII. 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.

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

1. Experience – 35 points

The proposer must have a minimum of five (5) years of experience providing services of similar size and scope. Describe organization structure, areas of expertise, and capacity to support municipal or utility clients. Proposer are required to submit five

(5) references from organizations for which similar services were provided.

2. Approach – 30 points Describe understanding of the scope and your response to provide the equipment and services requested. Highlight proposer’s knowledge of the scope, available resources, capabilities, and approach to providing the service herein requested.

3. Cost and Timeframe – 30 points The reasonableness and competitiveness of the proposed cost will be evaluated. This includes an assessment of the overall pricing structure, transparency and the extent to which the proposal demonstrates value relative to the scope of services required. The unit prices listed shall be for full compensation for all labor, equipment, and any incidental work necessary to complete the services as specified. Proposals that clearly outline all costs and minimize the risk of unforeseen expenses will be rated more favorably.

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 are Dallas residents; OR

• If available, participation in Workforce Development Program

XIV. Performance Measures and Contract Management The proposer shall be subject to performance measurements and contract oversight to ensure compliance with the terms and conditions of this contract. The following requirements will apply.

• Quality of Goods and Services: Products and services must meet or exceed contract specifications and requirements. Defective or non-conforming goods will be rejected at the Contractor's expense.

• Invoicing: All invoices must be accurate and submitted within the established timeframe. Invoices with errors, discrepancies or incomplete documentation will be returned unpaid until corrected.

• Customer Service: The Contractor shall maintain professional, courteous and responsive communication with the City. Unresponsiveness, discourteous behavior or delays in resolving issues will be deemed non-compliance.

XV. Audit Requirements

The City will actively monitor contractor performance through meetings, document reviews and site visits.

The contractor shall maintain all records supporting reported performance and make them available for audit or inspection upon request.

XVI. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

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

3. Statement of Insurability (OPS-04)

4. Local Preference Form (OPS-31)

5. Team Make-Up and Local Workforce Form (OPS-FRM-640)

6. Living Wage Affidavit (OPS-3)

7. Sample Contract with markups

8. Any other City documents as required

XV. 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.

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.

XVI. 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 on March 27th.

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.

XVII. 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.

XVIII. 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 and agrees to the indemnification agreement therein and required performance and payment bond.

The successful bidder(s) shall procure and keep in full force and effect for the duration of the contract liability insurance that complies with all applicable Federal, State and local laws.

XIX. 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. 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.

XX. 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.

XXI. Late and Withdrawn Proposals

Proposals must be submitted electronically via 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.

XXII. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to 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.

XXIII. 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 fulfill a previous contract with the City of Dallas

XXIV. 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. Termination

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

XXIX. 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.

XXX. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or position with the city.

Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

(d) This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

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

XXII.1

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be consider responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement.

Contractors not compliant with the wage floor requirement will be deemed nonresponsive and will not be considered for award. Contractors awarded general service contracts must comply with the wage floor policy and reporting requirements for the term of the contract, failure to remain in compliance may result in breach of contract.

XXXV. 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.

XXXVI. 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.

XXXVII. 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.

XXXVIII. 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 contract for which they’re recommended. Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

XV. Audit Requirements