4-01 - Specifications.pdf

Request for Bids (RFB)

Specifications

City of Dallas

Water Extraction Services, Odor Removal, and Treatment Services for Smoke and Soot Damage

RFB No. BL26-00029145 http://www.dallascitynews.net/

I. Introduction, Purpose, & Intent The City of Dallas (City) Department of Facilities and Real Estate Management (FRM) is soliciting bids to establish a three-year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement with qualified supplier(s) for routine and emergency water extraction services. Additional services incorporated within this scope of work include structure and content drying services, smoke and soot removal, and odor elimination treatment at various City facilities. An ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined. Services procured through any agreement established as a result of this solicitation will be ordered on an as needed basis for the term of the agreement. The awarded bidder(s) will be required to fulfill all aspects of these specifications timely, and in their entirety.

II. Pre-Bid Meeting Schedule The provisions for this bid are intended to ensure a fair and equitable review process so that there is no actual or potential situation where one bidder secures or attempts to secure an unfair advantage over another bidder or creates a situation where there is an appearance of impropriety in contacts between the bidder, its agent, contractor, or consultant and City officials. During the solicitation process bidders are required to limit their communication regarding this project to the Procurement Specialist referenced herein. Bidders are encouraged to attend the Pre-Bid meeting to discuss any questions with department representative(s). The requesting City department staff is instructed NOT to discuss this RFB solicitation with the bidders. A pre-bid meeting will be held by the City whereby bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidders and requesting department(s) will communicate directly. Thereafter, all communication associated with this solicitation shall be addressed to the assigned Procurement Specialist.

III. Questions & Inquiries Inquiries are not to be directed to any consultant of the City or City staff member. Such action may disqualify bidders from further consideration of this RFB. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. No negotiations, decisions or actions initiated by any bidder because of any verbal discussion with any City employee shall be binding upon the City. The Office of Procurement Services will make all necessary arrangements for direct contact with other City departments, if required. Bidders must submit their questions electronically through the City’s solicitation portal, Bonfire, at the following link:

https://dallascityhall.bonfirehub.com/login. 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. Only bidders will be notified of any communications after the solicitation closing.

IV. Errors & Omissions During review of this RFB solicitation and preparation of bids, bidders may discover certain errors, omissions or ambiguities. If this is the case, or if the meaning of any part of this RFB is unclear, bidders may submit their questions electronically, by the date and time specified for this procurement. To allow the City to answer the questions and distribute written responses to all bidders before the RFB due date and time. If the bidder does not ask questions or clarify any assumptions, the City will assume bidder understands https://dallascityhall.bonfirehub.com/login the City’s requirements and that the bidder’s offering will meet those needs at the prices stated.

V. Bid Security All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from any supplier recommended for award to be delivered to the City’s purchasing agent upon request. The bid security any recommended supplier will be retained until such time as the awarded bidder has executed the contract and any/all required documents. If the awarded bidder fails to execute and deliver the contract within fifteen (15) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidder will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned. Bids received without bid security will be deemed non-responsive.

VI. Bid Submittal Requirements Bidder represents, prior to submitting a bid for this solicitation and prior to signing any subsequent agreement, that Contractor has become thoroughly acquainted with all matters relating to the performance of this scope of work, all applicable laws and all terms and conditions of this solicitation and any subsequent agreement derived.

Bid submissions shall be uploaded to the online solicitation system by the due date and time. The City will not consider bids that are submitted after the due date and time.

Additionally, the City will not consider any documents or attachments submitted after the due date in time, nor will the City accept any physical submissions or submissions received through email.

Bidders shall submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made by the City that the goods/services offered meets the specifications and that other requirements of the RFB have been met. A bidder's failure to provide this information will cause the City to consider the submission non-responsive and reject the bid.

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

VII. Specifications

A. Minimum Qualifications:

Bids will only be considered responsive from bidders who possess and provide the following qualifications:

- A minimum of three (3) years of experience established in the business of water extraction (applies to bidders on Groups 1-3).

- A minimum of two (2) years of experience established in the business of smoke, soot, and odor removal (applies to bidders on Group 4).

- An adequate number of available staff to respond to multiple locations for services per day.

- A minimum of five (5) equipped service trucks.

- Familiarity with and experience in the service delivery of routine and/or emergency water extraction services and disaster recovery services as evidenced by submitted examples.

- Responsive respondents bidding on Group 4 must have an IICRC (Institute of Inspection Cleaning and Restoration Certification) certification for professional water damage restoration, and FSRT (Fire and Smoke Recovery Technician) through IICRC. Such certification shall remain in good standing for the term of the agreement. Any costs associated with obtaining and/or maintaining any/all necessary certification(s) shall be incurred by the supplier(s). The Institute of International Cleaning and Restoration Certification (IICRC) is an accreditation given by the American National Standards Institute (ANSI). The ANSI sets the standard that addresses the water damage restoration process for best practices in remediation and safety.

- Responsive respondents bidding on Group 4 must have, employed at all times, a certified Fire and Smoke Recovery Technician through The Institute of International Cleaning and Restoration Certification (IICRC). Such certification shall remain in good standing for the term of the agreement. Any costs associated with obtaining and/or maintaining any/all necessary certification(s) shall be incurred by the supplier(s). The Institute of International Cleaning and Restoration Certification (IICRC) is an accreditation given by the American National Standards Institute (ANSI). The ANSI sets the standard that addresses the water damage restoration process for best practices in remediation and safety.

- Further, responsive bidders shall provide with their bid submittal a minimum of 3 client references, as evidence of experience and proficiency in performing services similar to the services that are within the scope of work that is the subject of this solicitation. References shall include the name of each business/entity, identified point of contact, address, phone number and e-mail address.

B. Required Equipment:

- Awardee shall have a minimum of 5 service trucks, tools and equipment necessary to service any/all requested water extraction job(s) that are the subject of this solicitation.

- Awardee shall display their company logo, company name, and phone number on both sides of all service trucks. These displays shall be clearly marked and shall have visibility from 50ft away.

- Awardee shall have all necessary training, manpower, materials, items, supplies and equipment to perform completely the services within the scope of work as referenced herein.

- Awardee shall provide necessary equipment for servicing facilities that are not operating with electrical power. This includes, but is not limited to, providing generators.

- Awardee shall include notification signs for all sites where services are provided. At times, services may impact or impede the flow of foot traffic or automobile traffic. During these occasions, awardee must be able to furnish signs such as CAUTION, SAFETY, etc. to ensure that all citizens, staff, and visitors are aware of the conditions within the location.

- Awardee will be required to move heavy furniture, large equipment, or awkward-shaped items. Awardee shall have capable staff to move such items as City staff may not have the capabilities to do so.

C. Service Delivery Schedule & Communication:

- The building premises may be occupied to conduct normal operations during the work period, the Contractor shall cooperate with City representative in scheduling work to minimize conflict and to facilitate building usage. All travel time and expenses shall be included in the service contract.

- The Contractor shall check-in with the City representative requesting service, or with on-site staff upon arrival and completion of services.

- Proper safety measures must be followed in use and staging of equipment.

Staff should be properly supervised. Progress updates should be provided daily.

- Response Time: This work may be authorized on an emergency basis and as such the Contractor shall be available to work 24 hours a day, 7 days a week.

Additionally, the awarded Contractor must be available on any/all observed holidays.

- Emergency Call-Out: Emergency calls will require the awarded vendor to respond to call within 1 hour and be at the scene within 2 hours after initial notification by the City of request for services. Prior to award, the successful bidder(s) must provide the City a list of emergency contact phone numbers.

- Communication: The need for quick and clear response to inquiries is essential to the City. Therefore, phone calls from the City must be responded to immediately. Emails from the City must be answered within 2 hours. Written correspondence must be responded to within 3 days.

D. Waste Disposal:

- Awardee shall collect all waste associated with the service, (e.g., water, liquids, debris, etc.) and transport the waste with the correct manifest for proper disposal. The original, final manifest shall be submitted to the City. Disposal of all waste products must comply with local, state and federal regulations regarding environmental protection. Please utilize the following address for mailing original final manifests to:

City of Dallas Facilities and Real Estate Management 3202 Canton St.

Dallas, TX 75226

E. Notification & Documentation of Service Delivery:

- The Contractor shall be required to submit a written quote for each service when requested by the City. The quote shall be based on unit item pricing, quantity, labor classification (laborer, carpenter, crew leader, supervisor, certified technician, etc.) and hours per labor classification, materials and equipment. Each quote shall include an estimated date and time of completion.

- Within 24-hours of providing services at City location, the vendor must provide a notification form letter advising the site manager that the service was performed. The notification form must include the following:

• Date of service;

• Time of service;

• Address of location services were provided;

• Type of service performed;

• Gallons of waste collected;

• Address of disposal site; and

• Person(s) performing service.

- The vendor must provide before and after photos of the work areas, a report of services performed, and a signature obtained from the site manager as acknowledgment of satisfactory service delivery.

F. Insurance Requirements Awardee will be required to purchase and maintain during the term of the contract, insurance as described in the Insurance Requirements Attachment and agrees to the indemnification therein. Complete the attached from entitled “Statement of Insurability and Quote” and return it with your bid. Awardee will be required to have continuous insurance coverage during the term of the contract. Awardee shall submit, within 15 days of City Council award, compliant Certificates of Insurance showing the current renewal and expiration dates for the duration of the contract, coverage shall not lapse. Work may be stopped if valid coverage is not provided in time during the course of the contract or to cover the time extension thereof.

G. Bid Sheet Definitions for Categories 1, 2, 3 and 4:

- Category 1: Water originates from a sanitary (clean) water source and does not pose substantial risk from dermal, ingestion, or inhalation.

- Category 2: Water contains significant contamination and has the potential to cause discomfort or sickness if contacted or consumed by humans.

- Category 3: Water is grossly contaminated and can contain pathogenic, toxigenic or other harmful agents.

- Category 4: For clean-up of smoke, soot, fire damage.

VIII. Bid Award:

Award will be made by group to the lowest overall responsive and responsible bidder(s) demonstrating compliance with the specifications. However, the City reserves the right to award that which is most advantageous to the City of Dallas. Bidder must bid on all line items within a group to be considered responsive to each group. Quantities listed are 3-year estimates, actual quantities may be more or less. A request for bid does not commit the City to award any contract, the City reserves the right to reject any and all bids or waive irregularities. The City will not be responsible for any work done by the supplier, even work done in good faith, if it occurs prior to the contract start date set by the City.

IX. Invoicing:

To be in compliance with these specifications, awarded vendor shall have received a hard copy or number of a City of Dallas delivery order prior to performing any service unless stated otherwise by authorized personnel in writing. The delivery order shall reflect the price(s) on the vendor’s bid sheet. The City of Dallas will not remit payment for any services rendered that were not approved in writing by an authorized City of Dallas employee. In the event inspection reveals that the service required would exceed the maximum scope of work described per line item herein, the awarded bidder(s) shall call for written authorization of additional hours, staff and/or materials deemed appropriate to complete the job successfully. The contractor shall correct any/all incomplete and/or unacceptable work immediately upon notification but no later than forty-eight (48) hours upon receiving notification of unsatisfactory service(s). Invoices submitted for payment must contain the following information:

• Name of the Department for which service was provided

• Billing address of the Department

• Date of service

• Location address of service

• City of Dallas purchase order number

• Total cost of the service

Invoices without the required information may be returned to the vendor until such time the required information is included. Incorrect invoices or invoices sent to the wrong address will delay payment. It is the responsibility of the vendor to obtain the correct address to mail invoices. Suppliers who fail to follow these instructions risk having the contract with the City cancelled.

- Electronic invoices will be sent to email: CODAccountsPayable@dallas.gov

- Additionally, a copy of each invoice shall be sent to the department requesting the goods and/or services. Please submit invoices for the Department of Facilities and Real Estate Management (FRM) to bsdAP@dallas.gov.

X. Total Cost of Goods and/or Services All services to be performed on this service price agreement are listed on the attached bid sheet. The unit bid price per line item shall include all costs associated with the service and/or product described on each line and shall remain firm for the term of the contract from the date of the award by Council. Bidders shall include all costs incurred, real and unforeseen, related to the manufacture, shipping, and delivery of the units, including insurance, freight, and all direct costs. Bid pricing per line item shall include labor, parts, materials, attachments, articles, items and equipment required (unless stated otherwise).

Costs not included or calculated in the applicable unit prices as bid will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred. No additional hours or price increase will be allowed.

XI. Economic Price Adjustment The uncertainty about future costs bring large risks to multiple industries. By transferring the risks from the supplier, the need for contingency costs (including risk premiums in bids to ensure profitability under regular payment provisions) is eliminated resulting in better bid prices. In addition, by eliminating the risks undertaken by suppliers during initial bid pricing, this clause intends to shield firms from large losses on single contracts in order to reduce the number of firms that exit the market and provide better market stability.

Economic Price Adjustments consists of providing suppliers with protection against market volatility and supply chain disruptions that may occur during the execution of the work through the use of a Price Adjustment Clause (“PAC”). Under these provisions, the City accepts the risk for increasing prices by offering a PAC that will outline guidelines and requirements for the supplier to request approval for an increase above the bid price in qualifying instances.

Any agreement procured through this RFB, if applicable, will include the following price adjustment clause: Awarded supplier/s may request a price increase after one (1) year from the Council award date. Subsequent price increases may be requested one (1) year from the date of the previous approved price increase. The amount of any increase shall not exceed actual documented increase in vendor’s direct cost. To request a price mailto:CODAccountsPayable@dallas.gov mailto:bsdAP@dallas.gov.

increase, vendor must submit a letter stating the amount of the requested increase, along with an itemized list of any increased prices, showing the vendor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item.

Documentation from the vendor’s supplier(s) showing the actual dollar increase/decrease to the vendor must accompany this request. Such documentation from the vendor’s supplier must clearly show the dollar increase incurred by the vendor on the applicable Contract Agreement per item bid.

If the City Purchasing Agent approves the price increase, he or she shall notify vendor in writing; no price increase will be effective until vendor receives this notice. If the City Purchasing Agent does not approve vendor’s price increase, vendor may terminate its performance under the Contract Agreement upon 60 days advance written notice to the City Purchasing Agent. Termination of performance is vendor’s only remedy if the City Purchasing Agent does not approve the price increase. If, at any time after approving a price increase, the City Purchasing Agent determines that the City can obtain the same item at a lower price from a different source without violating the State bid law, the City may then purchase the item from the lower price source without any obligation to awardee/s.

XII. Environmentally Safe Products:

It is the policy of the City of Dallas to purchase products that are environmentally safe.

For products that are available with Green Seal certification, the Supplier should use products certified by the Green Seal organization. As more products receive Green Seal certification, the Supplier shall use the newly Green Seal certified products. The City encourages all Suppliers to pursue the use of these type products in the operation of their own businesses.

XIII. Contract Form:

Awardee shall be required to execute a contract drafted by the City Attorney’s Office. The form template for bid services are attached to this solicitation, please review. The form template may be tailored by the City Attorney’s Office to meet the specific requirements of this procurement; all bidders, however, are expected to calculate and submit their bid on the basis of the requirements contained in the form contract attached as well as the Specifications. Bidders should review the form contract carefully and seek private legal advice if there are questions about the legal effect of any of the provisions. No exceptions or modifications to, or substitutions for, this form contract will be accepted or permitted; any attempt to modify or substitute for the City’s form of contract as contained herein may render the bid non-responsive.

XIV. Indemnity:

The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract;

except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XV. Confidentiality:

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

XVI. Inspection The contractor is responsible for providing all products or the completion of all work set out in the solicitation. All products or work is subject to inspection, evaluation, and approval by the City. The City may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the specification. The City may instruct the contractor to make corrections or modifications if needed in order to accomplish the procurement’s intent. The contractor will not unreasonably withhold such changes.

XVII. 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.

XVIII. 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 (2) 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.

XIX. 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.

XX. Default by Contractor:

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

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

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

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

Contract; or

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

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

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

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

XXI. Termination:

In the event awarded bidder does not perform such obligations to the satisfaction of the City or does not perform the duties as set forth in the specifications, the City shall provide the awarded vendor a written notice of deficiencies by certified mail. Upon receipt of the notice, the awarded vendor shall correct all the deficiencies. The City may terminate this agreement in whole or in part by giving thirty (30) 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. The awarded bidder(s) shall perform obligations as set forth in the specifications and the contract in a first-class, professional and excellent workmanship.

XXII. 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 that is currently set at $23.06.

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.

XXIII. 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 Procurement Specialist 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.

XXIV. Wage Floor Compliance Requirements:

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered 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.

XXV. 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)

XXVI. Certificate of Interested Parties (Form 1295):

All suppliers recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each supplier shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. Supplier 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 Procurement Specialist referenced herein 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 supplier 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 Procurement Specialist;

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

XXVII. Miscellaneous:

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

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

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

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

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

6. Bidders may be disqualified for poor prior performance on similar Contracts with other entities.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.