4-01 - Specs BL26-00029851 Grinding Services for Yard Waste Processing Final.pdf

Grinding Services for Yard Waste Processing Document Number: OPS-PUB-100.PUR

Click or tap here to enter text. Version Number: 2025.10.01

City of Dallas

Request for Bid (RFB)

Grinding Services for Yard Waste Processing

BL26-00029851

Solicitation Contact:

Luke Pham 214-670-3413 Luke.pham@dallas.gov

Date Issued:

2/26/2026

Pre- Bid Conferenc e Date & Time:

3/10/2026 11:00 AM

Microsoft Teams Meeting:

https://teams.microsoft.co m/meet/29551297586956?p =bMsmTXGeVborzgO79I

Question Due Date & Time:

3/13/2026 5:00 PM

Submissio n Due Date & Time:

3/27/2026 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

2. Scope of Work https://teams.microsoft.com/meet/29551297586956?p=bMsmTXGeVborzgO79I https://teams.microsoft.com/meet/29551297586956?p=bMsmTXGeVborzgO79I https://teams.microsoft.com/meet/29551297586956?p=bMsmTXGeVborzgO79I

Grinding Services for Yard Waste Processing

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2.1 Overview

2.2 Specifications

2.3 Communication Requirements

2.4 Commencement Date

2.5 Performance Measures

2.6 Service Completion Schedule

2.7 Service Warranty

2.8 Insurance Requirements

3. Submittal Requirements

3.1 Minimum Qualifications of Bidders

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award process

4.1 Award Method

4.3 Review for Responsiveness

4.4 Rejection or Acceptance of Bids

4.5 Late, Modified, or Withdrawn Bids

4.6 Disqualification of Bidders

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Firm Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Indemnity

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6.2 Conflict of Interest

6.3 Certificate of Interested Parties (Form 1295)

6.4 Permits Required by Law

6.5 Confidentiality

6.6 Wage Floor Rate Requirement

6.7 Wage Floor Reporting Requirement

6.8 Wage Floor Compliance Requirement

7. Miscellaneous

8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Bids to establish a 3 year Indefinite Quantity (ID/IQ) service price agreement for grinding and processing of clean wood waste and contaminated yard waste to be utilized by the Department of Sanitation Services. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Services will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

All Bid documents can be obtained through the City’s solicitation portal at www.dallascityhall.bonfirehub.com. For technical assistance visit https://dallascityhall.bonfirehub.com/portal/support or contact support at support@gobonfirehub.com or 1-844-226-3862.

Bidders may view all supporting documents, pre-Bid meeting details, site visit details (if applicable), and submit their questions on Bonfire. Bidders should complete all required documents and upload those documents listed in the Required Information section in Bonfire.

1.3 Pre-Bid Meeting

During the solicitation process, Bidders are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre-Bid meeting will be held by the City where 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, all subsequent communication must be directed to the assigned Procurement Specialist.

All prospective Bidders are encouraged to attend.

1.4 Questions & Communications

All questions shall be submitted electronically through the City’s solicitation portal; the City will respond to all questions by way of an 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. It is the Bidder’s responsibility to obtain clarification on any information contained in this solicitation.

1.5 Unauthorized Communications

The period of time from the solicitation’s release until Council award is known as the Cone of Silence. During the Cone of Silence, Bidders shall not contact employees or officials of the City other than the Procurement Specialist assigned to the Solicitation.

No officer, employee, agent, or representative of the Bidder shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com

Click or tap here to enter text. 5 of 22 directly or indirectly seek to influence any City Council member, City staff, or City consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process.

1.6 Addenda

The City will post an Addendum on Bonfire with responses to all questions received before the deadline. Interpretations, corrections, or changes to the solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections, or changes.

Bidders shall acknowledge all Addenda issued and are encouraged to check the City’s solicitation portal frequently for any updates.

1.7 Solicitation Timeline

The Tentative Schedule of events is listed on the City’s solicitation portal for each specific solicitation. However, the City reserves the right to change those dates when necessary.

1.8 Cancellation

The City has sole discretion and reserves the right to cancel this RFB, or to reject any or all Bids received prior to the award.

1.9 General Terms & Conditions

Bidders must review the General Terms & Conditions (Attachment A) prior to submitting a Bid. By submitting a Bid, Bidders agree to provide the services described in this solicitation in accordance with the general conditions and specifications.

1.10 Bid Security

To be considered responsive, bids must be submitted electronically through the City’s solicitation portal by the due date and time indicated in the solicitation. All Bidders must 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 bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the City’s Purchasing Agent upon request.

The bid security for recommended Bidders will be retained until contract execution. If the awarded Bidder fails to execute and deliver the contract within ten (10) days after the notice of award, the City may annul the notice of award and shall be entitled to make claim against the bid security. The bid security of recommended Bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended Bidders will be returned.

1.11. Local Preference

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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.

Additional information on Local Preference can be found in Attachment A: General Terms & Conditions, 19. Local Preference. A local firm whose bid is within the following percentages may be considered for award over the lowest bidder:

• Three percent (3%) of the lowest bid for a contract valued at greater than $500,000 for goods.

• Five percent (5%) of the lowest bid for a contract valued at less than $500,000for goods or services.

• Five percent (5%) of the lowest bid for a contract valued at less than $100,000for construction services.

2. SCOPE OF WORK

2.1 Overview

The City of Dallas is seeking procurement for grinding services in the Sanitation Services department. This initiative aims to manage and process clean wood waste and contaminated yard waste, ensuring efficient waste reduction and environmental compliance. The contractor will be responsible for providing equipment and labor to effectively grind and prepare the materials for disposal or recycling. The overall goal is to enhance the City's waste management capabilities while adhering to best practices in sustainability and operational efficiency.

2.2 Specifications

Minimum Qualifications

• Company must have a minimum of three (3) years’ continuous experience performing commercial-scale yard-waste grinding, with at least three completed projects of ≥500 cubic yards each; provide project summaries.

• Provide at least three (3) client references from the past 24 months for similar scope projects, including client name, contact, project description, and volume processed.

• Contractor must own or have guaranteed access to mobile industrial-grade grinders and support equipment capable of meeting required throughputs (≥30 tph clean, ≥20 tph contaminated) and EPA Tier 4 emissions compliance; provide equipment list and proof of ownership/lease. All equipment used on-site shall be compliant with EPA Tier 4 emissions standards and local noise ordinances (<85 dB at 50 feet) to minimize environmental and community impact.

• Staffing and supervision: Contractor shall assign a dedicated project supervisor (English-speaking) for each site, provide backup staffing plan, and ensure all on-site personnel have passed pre-employment drug screening and background checks;

submit staff roster before work begins.

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• Company shall maintain a documented safety program including trained supervisors (including OSHA 30), documented operator training records, Lockout/Tagout procedures, and annual safety audits; provide certificates and training rosters prior to mobilization.

• Contractor staff must be trained and certified for safe equipment operation, and at least one (1) English-speaking supervisor must always be present on-site during operations.

• Contractor shall hold and maintain all required federal, state, and local environmental permits and registrations for grinding, handling, and transport of waste materials; provide copies of permits and a summary of any enforcement actions in the last three (3) years.

• Contaminated materials handling: Contractor must have documented procedures and demonstrated capability for handling contaminated loads, including metal removal, contamination containment, and final site restoration; provide examples from prior projects and a restoration plan template.

• Vendor is responsible for compliance with all regulatory requirements under federal, state, and local standards, and shall maintain safe drive lanes and work zones throughout the entirety of the work being performed.

General Service Information

• Clean yard waste consists of vegetative materials generated from residential or commercial properties, including grass clippings, tree and shrub trimmings, and brush. Services shall include the processing, handling, sorting, staging, and removal of oversized or non-processable materials. Clean yard waste may contain incidental contamination such as paper, plastics, glass, thin metals, rock, or soil, but shall not include construction or demolition debris, municipal solid waste, or by-products of manufacturing processes.

• Grinding operations must achieve a minimum throughput of 30 tons per hour for clean wood waste and 20 tons per hour for contaminated yard waste, documented through daily production logs.

• Finished production must be shredded, irregular sized mulch with 90% smaller than six (6) inches in length and one (1) inch in diameter.

• All products resulting from the services provided under the service contract will be the sole property of the City.

• A minimum volume reduction of 50% shall be accomplished with a single pass through the grinding equipment.

• Finished production must be shredded, irregular sized mulch with 90% smaller than six (6) inches in length and one (1) inch in diameter. A minimum volume reduction of 50% shall be accomplished with a single pass through the grinding equipment.

• The awarded vendor must be able to process such materials that will normally shred/grind in yard waste grinding equipment, and must remove and stack for disposal, by the City of Dallas, such materials as found in the waste stream which cannot be ground, and/or may be oversized. The Vendor shall be responsible for

Click or tap here to enter text. 8 of 22 mechanically removing oversized or non-processable materials and staging them in a designated area for City disposal.

• All grinding activities must achieve a uniform particle size not exceeding two (2) inches in any dimension, as verified by random sampling every 10 cubic yards of processed material.

• For each service request, the awarded vendor shall be responsible for providing the proper amount of equipment, labor, and materials to complete the service request in a timely and efficient manner.

• Most of the work shall be performed at the McCommas Bluff Landfill, 5555 Youngblood Road, Dallas, TX 75251, listed on the pricing sheet. The City reserves the right to request services at additional locations if required during the term of the contract at the contracted price.

• If additional locations are requested, the City will be responsible for hauling raw material to these facilities.

• The City shall designate sites for the collection of yard waste. The City reserves the option to designate additional locations or to appoint emergency short-term locations in the case of sudden brush generation resulting from a natural disaster.

• Work assignments during the service contract period will be on an as-needed basis.

• The amount of material required before initiating a service request will be a minimum of approximately 7,500 cubic yards of unground material.

Clean Yard Waste – Primary Volume Reductions

• The contractor shall implement and maintain procedures for identifying, segregating, and documenting the source and classification (clean vs. contaminated) of all incoming waste to prevent cross-contamination and ensure proper disposal or recycling.

• The awarded vendor shall process all yard waste that is able to be ground, removing contaminants and oversized materials as much as possible using mechanical loading equipment. Any contaminants and/or oversized materials removed from the yard waste will be piled in a place separate from the finished reduced materials for disposal by the City of Dallas.

• The awarded vendor will be solely responsible for the loading of the yard waste into the vendor-provided equipment.

• On rare occasions, there may be a need to process yard waste with small levels of contamination or heavily contaminated loads of yard waste in which additional cleaning may be required before processing. When grinding contaminated and heavily contaminated waste, the awarded vendor may sort the yard waste stream of large visible contaminates before it is processed at no additional cost to the City.

• During a period of operations, the City of Dallas agrees to allow daylight hours access to the site as well as additional access to the site as may be coordinated by the awarded vendor and the City’s site operator.

• The awarded vendor agrees to perform the work in a professional, workmanlike manner consistent with the highest standards of the industry to maintain the work

Click or tap here to enter text. 9 of 22 site, minimize airborne dust and particles using water/mist or spray and to minimize noise/odor to levels acceptable by City.

• The awarded vendor shall implement procedures to protect the work site against environmental spills of oil, fuels or any other hazardous materials and chemicals.

• The vendor shall maintain operational conditions that reduce fire, dust, and safety hazards.

• In the event spillage occurs, corrective actions shall be made in an expeditious and environmentally sensitive manner and perform any remedial measures mandated by any of the Governmental Agencies that regulate the facility as well as by the City of Dallas Environmental Compliance Policies, including immediate notification to the designated City point of contact.

• If awarded vendor fails to implement and carry out corrective actions in an expeditious manner, the City shall have an outside agency brought in to carry out necessary actions at the expense of awarded vendor. Failure to comply with any cleanup may result in the termination of the contract.

Contaminated Yard Waste – Primary Volume Reductions

• Contaminated yard waste contains over five (5) percent visible or found contamination such as paper, plastic, glass, thin formed metals, rock or dirt.

Contaminated yard waste may contain construction or demolition materials or any by-product of a manufacturing process.

• The awarded vendor must be able to process such materials that will normally shred in yard waste grinding equipment and remove and stack for disposal, by the City of Dallas, such materials as found in the waste stream which cannot be ground, and/or may be oversized.

• Heavily Contaminated (over 20%): If contaminated material exceeds 20% by volume in any incoming load, the contractor shall:

o Immediately segregate and quarantine the load;

o Notify the Sanitation Site Authority within 2 hours and provide photographic and sampled evidence with chain-of-custody;

o Cease grinding of that load and perform contamination removal procedures

(e.g., metal detection and removal, hand-pick, screening) or arrange for off-site disposal to a permitted landfill within 48 hours;

o Perform confirmatory sampling after remediation showing contamination ≤5% before processing or returning material to the work stream;

o Record actions taken, disposal receipts, and any additional costs incurred — additional handling/disposal costs for loads >20% will be billed separately with prior written approval;

o Implement enhanced safety controls (respiratory protection, containment) while handling contaminated loads and document worker notifications/training for the event.

• Oversized materials shall be deemed to be any tree trunk or formed timber over 36 inches in diameter or tree trunk or formed timber over 12 inches in diameter that may

Click or tap here to enter text. 10 of 22 be more than six (6) feet in length. Tree branches, or formed timbers, less than 12 inches in diameter, up to 12 feet in length shall be accepted.

• No additional fees shall be charged for reasonable sorting and removal of contaminants.

Emergency Response Service

• If emergency mobilization is required because of a natural disaster, such as a tornado, flood, ice storm, high winds, or other such declared natural disaster, the awarded vendor agrees to prioritize work schedules and capacity to allow the City the next available machine time which will remain on site until the completion of the emergency work.

• Vendor will maintain operations until emergency grinding activities are completed to City approval.

• Completed product will be placed in the location designated by City, piled to a height and slope configuration designated by the City, and within acceptable State regulatory standards.

• Vendor shall not abandon work mid-project and will not jeopardize the value of work done.

• The City reserves the right to purchase grinding services from other sources due to natural disaster, urgent need, or the inability of the awarded contractor to report within 72 hours, unless an extended timeline is authorized by a City representative.

• Charges for emergency service will be at the rate bid for routine service.

Specifications – Equipment

• The contractor shall provide mobile, industrial grade grinding equipment capable of processing both clean wood waste (such as tree limbs, brush, and pallets) and contaminated yard waste (including construction debris, embedded nails, dirt, and other non-organic materials) to ensure compliance with local landfill and recycling center intake requirements.

• The awarded vendor shall furnish all operators, laborers, equipment and materials required to perform the work in compliance with this specification. The equipment shall be suitable to perform the work and be capable of processing clean, contaminated, or heavily contaminated yard waste, either wet or dry.

• Operators of open tub grinders must ensure that the equipment is operated in a manner to ensure the safety of operators and the public. Horizontal feed grinding units must have screens to protect against forward flying projectiles. All equipment must be well maintained, equipped with at least two (2) properly sized and rated fire extinguishers and meet all applicable safety laws. The awarded vendor shall post signs delimiting the area restricted to authorized personnel only and requiring the use of protective headgear and eyewear.

• Any issues involving contractor’s equipment is the sole responsibility of the contractor to handle, including, but not limited to, environmental spill cleanup, machine repairs and/or damages to City property. Maintenance of the contractor’s

Click or tap here to enter text. 11 of 22 equipment must be to manufacturer’s standards. The security of the contractor’s equipment is the sole responsibility of the contractor.

• The contractor shall provide equipment inventory, listing in-service and out-of-service units with unique equipment IDs.

Safety

• The contractor shall provide all necessary safety controls including dust suppression systems, guarding for moving parts, and posted warning signs, in compliance with OSHA 29 and CFR 1910.

• The contractor is responsible for final site cleanup, including removal of residual mulch, debris, and trash, and restoration of disturbed surfaces to original conditions as documented in pre-work site photos.

• Due to the inherent dangers of many yard waste grinding machines, the awarded vendor shall be required to operate equipment which limits the size and velocity of projectiles and dust particles which issue out of any and all reduction equipment.

Quality Control and Monitoring

• All waste grinding, handling, and material transport documentation, including manifests and load tickets, must be accurately maintained and submitted weekly electronically to the contracting officer.

• The contractor shall provide a comprehensive activity report summarizing volumes processed by material type, equipment used, incidents, complaints received, and corrective actions taken.

• A representative of the City shall perform periodic inspections of the processed material waste and discarded materials produced to verify proportions and requirements of oversized appearance and contamination.

• The awarded vendor shall fully cooperate with all City inspections, including providing unrestricted access to facilities, equipment, processed materials, and any records relevant to determining compliance. The vendor shall make knowledgeable staff available during inspections to answer questions, provide documentation, and assist City personnel as needed.

• The vendor shall comply with all reporting requirements established by the City, including the submission of any data, measurements, or documentation related to processed materials, contamination levels, and operational practices. All requested reports shall be provided in the format and within the timelines specified by the City representative.

• The awarded vendor shall correct all deficiencies in the processed materials to the satisfaction of the City representative by a manner and a means to be determined by the awarded vendor and agreed upon by the City. Any deficiencies in the processed materials will be corrected prior to completing a service request. Corrections should be made promptly within two (2) business days unless an extended timeline is authorized by the City representative.

• The vendor shall maintain accurate and up-to-date daily operational logs documenting processing activities, equipment performance, material output, contamination issues, safety incidents, corrective actions taken, and any operational

Click or tap here to enter text. 12 of 22 interruptions. These logs shall be made available to the City representative upon request and may be reviewed during any inspection or audit.

• Quality control and reporting: Contractor must maintain procedures for particle-size verification, source segregation, daily production logs, weekly electronic manifests, and monthly summary reports; provide templates and records for prior projects upon request.

• Failure to maintain complete daily operational logs or to provide them when requested may be considered a deficiency and subject to corrective action requirements outlined in this section.

2.3 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within 3 days.

The awarded contractor shall respond to phone calls and emails from the City within 4 hours of receipt.

2.4 Commencement Date

The commencement date of this contract shall be upon Council approval and contract execution.

2.5 Performance Measures

The contractor must adhere to strict performance metrics, including a 95% compliance rate for on-time mobilization within 48 hours of task orders and a 90% compliance rate for daily production meeting contracted rates within a permissible variance of ±15%. Additionally, contamination reporting must be timely, with a requirement to notify the City within 2 hours of detecting contaminated loads, achieving 100% compliance. Failure to meet these key performance indicators may result in liquidated damages and potential contract termination after repeated failures, ensuring accountability and performance standards are maintained throughout the contract duration.

2.6 Service Completion Schedule

The service completion schedule for the Sanitation Services project will commence on July 11, 2027, and conclude on July 10, 2030. Key milestones include the initial mobilization, which must occur within 48 hours of task order issuance. Subsequent task orders will be issued as needed, with each requiring acknowledgment within four hours and mobilization within 48 hours. Regular progress updates will be provided, and all services are expected to adhere to the specified timelines outlined in the task orders.

2.7 Service Warranty

All services provided under this contract shall be warranted to be free from poor workmanship, planning and materials, which affect the integrity of the service. The warranty

Click or tap here to enter text. 13 of 22 shall be for the customary warranty period. The warranty will begin with the City’s acceptance of the service provided.

If the service fails and is believed to be the awarded Contractor’s responsibility, the City of Dallas shall give a written notice for additional service. The Contractor shall make corrections at the Contractor’s expense in a manner mutually agreed upon by the City and the Contractor. The warranty period will start over upon the City’s final acceptance.

2.8 Insurance Requirements

The successful contractor will be required to purchase, within fifteen (15) days of the award, and maintain during the term of the contract, insurance as described in Attachment B, and agrees to the indemnification agreement therein.

3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Bidders

Bids will only be considered from Bidders who have been established in the business of providing grinding and processing of clean wood waste and contaminated yard waste for a minimum of 5 years. If requested, Bidders shall provide a minimum of 3 of reference and/or other documentation demonstrating minimum qualifications. Bids shall be accepted from authorized providers for the requested Services. If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the Services from another source.

3.2 Bid Submission Documents

Bidders must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form CIQ Local Preference Affidavit OPS-31 Local Workforce & Team Make-Up Form OPS-FRM-640 Living Wage Affidavit OPS-FRM-2151 Statement of Insurability and Quote OPS-04 Any other City Documents as Required

3.3 Development Costs

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

3.4 Cooperative Purchasing

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The City has interlocal agreements with many other governmental agencies that provide for the use of the City’s contracts, so long as the vendors agree to extend the same terms, conditions, and pricing to other entities. Bidders shall indicate in their Bid whether they agree to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. All purchases by other governmental entities shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity’s debts. Each governmental entity shall order its own materials/services as needed.

4. EVALUATION & AWARD PROCESS

4.1 Award Method

The City’s intent is to award this solicitation to the lowest responsible bidder in its entirety, 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 submission is responsive. The City reserves the right to reject any and all Bids and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late Bid s will not be considered for award. An award will only be made to a Bidder that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.2 Opening of Bids

The City will open Bids during the bid reading. Bid readings take place at 2:00 PM on Fridays and can be viewed on the City’s website https://dallastx.new.swagit.com/views/113. Any Bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

4.3 Review for Responsiveness

The City will review Bids for compliance to determine whether they are responsive and responsible, and whether they meet the minimum requirements of this RFB. The City may conduct all necessary inquiries or investigations, including but not limited to contacting references, to verify the information submitted. Bids that do not meet the minimum requirements may be deemed non-responsive and excluded from further evaluation.

4.4 Rejection or Acceptance of Bids

This solicitation does not commit the City to award a Contract. The City reserves the right to reject any and all Bids, to waive technicalities or irregularities, and to accept any Bid it deems to be in the interest of the City. The City shall not be liable for any costs incurred by any company responding to this solicitation. If applicable, the City requires the recommended Bidder to sign the necessary Contract documents prepared by the City Attorney’s Office. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its Bid.

4.5 Late, Modified, or Withdrawn Bids

https://dallastx.new.swagit.com/views/113

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Bids are required to be submitted electronically using the City’s solicitation portal. The system will not accept submittals after the Submission Due Date and Time and hard copies are not permissible. Bids may be modified at any time prior to the Submission Due Date and Time. If a Bid is modified, it must be resubmitted by the Submission Due Date and Time to be responsive. Bids may be withdrawn at any time prior to the Submission Due Date and Time. Withdrawn Bids may be resubmitted prior to the Submission Due Date and Time. No Bids may be modified or withdrawn after the Submission Due Date and Time without forfeiture of the Bid Security, if any.

4.6 Disqualification of Bidders

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

4.6.1 Reason to believe collusion exists among the Bidders.

4.6.2 The Bidder is involved in any litigation against the City.

4.6.3 The Bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City.

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for an initial term of 3 years , with two one-year renewal option. Renewals require mutual agreement. If the Contractor declines, the City may extend the contract up to 180 days for re-solicitation. The City reserves the right not to offer an extension.

5.2 Delivery Orders

Delivery Orders may be issued at any time during the term of the agreement. Each Delivery order will constitute an individual order for goods or services under the terms and conditions of this agreement. Delivery Orders issued prior to the expiration of the agreement shall remain subject to, and governed by, this agreement until completion or termination of the specific order.

5.3 Contract Type

This Contract is a Indefinite Quantity (ID/IQ) service price agreement contract. An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in no payment.

The purpose of this Contract is to establish firm pricing; and the estimated quantities are not a guarantee; the quantities ordered may be more or less than estimated. The estimated quantities are based upon historical usage and anticipated needs. Delivery Orders will be issued on an as needed basis according to annual budget appropriations.

5.4 Contract Amount

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The initial contract amount is estimated to be $3,200,000 for the initial contract term and $250,000 for each renewal option. The total estimated contract amount is $3,700,000.

Payments will be issued based on actual need.

The Contractor will base its Bid amount on the estimated quantities identified in the Bid Sheet, which will only be used for comparison and evaluation purposes. The City will issue Delivery Orders based on needs and not in accordance with the estimated quantities contained in the Bid Sheet. The Contractor’s pricing shall remain firm throughout the initial term of the Contract. Price adjustments will be considered at the time of renewal or hold over extension subject to Attachment A: General Terms & Conditions, 5. Adjustment Clause.

5.5 Firm Pricing

Pricing, including discounts/markups (+/-), shall be firm for the entire contract unless otherwise stated herein.

5.6 Records & Audits

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 in 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.

5.7 Default by Contractor

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

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

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

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

5.7.4 Contractor fails to properly and timely pay Contractor personnel, supplies 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 of such notice, the City may immediately cancel the Contract. At the discretion 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 by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of

Click or tap here to enter text. 17 of 22 any subsequent default or breach of the same or any other covenant, condition, or stipulation.

5.8 Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract or 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.

5.9 Termination

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 delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

The City reserves the right to cancel this agreement at any time if service performance, timeliness, quality of work is determined to be unsatisfactory or inconsistent with contract requirements.

5.11 Invoicing

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:

5.11.1 Name and address of the department for which goods were provided

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

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

5.11.5 Price of goods (charges for all goods covered by this contract are to be separately stated and explained

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5.11.6 Total cost of goods

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 these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 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 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.

6.2 Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED

No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

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.

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.

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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.

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) 11H

6.3 Certificate of Interested Parties (Form 1295)

All Bidders recommended by City staff for a contract pursuant to this solicitation 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. The Bidder 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 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 procurement specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

6.4 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.

6.5 Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. The 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 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 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Click or tap here to enter text. 20 of 22 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.

6.6 Wage Floor Rate Requirement

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.

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. Contractor’s 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.

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.

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, Click or tap here to enter text. 21 of 22 contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

6.7 Wage Floor Reporting Requirement

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.

6.8 Wage Floor Compliance Requirement

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.