City of Dallas

Request for Bids (RFB)

Project Title: Removal and Disposal of Excavated Materials

Buyer Solicitation Number: BT26-00029362 http://www.dallascitynews.net/ http://www.dallascitynews.net/�

I. Introduction, Purpose, and Intent

The purpose of this bid is to establish a thirty-six (36) month Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for the removal and disposal of excavated materials for City of Dallas (City) facilities. 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. This agreement will be utilized by various departments throughout the City of Dallas.

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

During the solicitation process, bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will be held by the City, whereby the 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 bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Bidders 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. Bid 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. 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 the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) 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 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.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00)

IV. Local Preference 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.

https://dallascityhall.bonfirehub.com/login

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

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

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

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

V. Scope of Work

The successful bidder(s) will haul materials (such as soil, sand, concrete, etc.) from locations such as a storeroom location, water main repair project, or construction sites to current dumpsite located at McCommas Bluff Landfill. Other approved dumpsites or landfills can be an option under City’s discretion.

The City shall be responsible for any dumping fees involved. When required, the Vendor shall provide the City with disposal verification documents from the dumpsite or landfill facility operator for each City load disposed of. The successful bidder(s) shall utilize a concrete recycling facility when applicable. The successful bidder(s) will provide the City with services that comply with this specification and all Texas Commission on Environmental Quality (TCEQ), Department of Transportation (DOT) and Municipal Solid Waste Management local, state, and federal laws and regulations that pertain to the removal, transport and disposal of excavated material.

EQUIPMENT REQUIREMENTS

The successful bidder(s) shall use equipment with rubber tires or rubber tracks. Rubber tires and tracks preserve all types of road surfaces. The City will not be held responsible for the contractor’s equipment. Contractor’s equipment shall not be left at a job site unless the contractor gets prior approval, in writing, from an authorized City employee. The successful vendor shall also provide the City with a list of company-owned, rented or sub-contracted heavy equipment that will be used for this contract. The successful bidder(s) must have a minimum of six (6) Steel Half-Round Dump Trailer and one (1) rubber tire loader. The successful bidder shall provide proof of equipment and resource capacity upon request.

SERVICE REQUIREMENTS

The pickup locations and service pick up schedule are listed below. The City will not tolerate service delays during normal scheduled pick-up times. It is essential that the successful bidder(s) provide services according to the pick-up schedule provided in this specification. Service areas are divided into the five (5) zones listed on Attachment A - Zone Map.

The City may request that the successful bidder(s) provide hauling of materials from a job site.

An authorized City employee will call the successful bidder(s) to request on-site services.

The successful bidder(s) shall ensure all recyclable metal objects are separated and placed in the designated recycled area before loading excavation material (spoils) to be hauled off for disposal.

Also, the successful bidder(s) must separate the concrete, asphalt material from the excavation material (spoils) before loading. The successful bidder(s) shall remove all concrete, asphalt material from site on the same business day when performing services.

The successful bidder(s) shall remove all excavated material within twenty-four (24) hours of notification from the City. It is essential for the successful bidder(s) to finish all called-in service requests within a twenty-four (24) hour period between the hours of 7:30 a.m. and 4:30 p.m. or sooner if requested by the City.

Schedule pick up dates are subject to change if City workload volume increases or decreases.

The City shall provide the successful bidder(s) seven days (7) written notice prior to making changes to the service pick-up schedule. The successful bidder(s) shall call the service location weekly the day before the scheduled pick up between 1:00 p.m. and 4:00 p.m. or the morning of the scheduled pick up between 7:30 a.m. and 10:00 a.m. to determine the location’s service needs. The successful bidder(s) shall remove all excavated material on the days listed on the service pick up schedule below (excluding major holidays) between 7:30 a.m. and 4:30 p.m.

REMOVAL OF EXCAVATED MATERIAL SERVICE PICK UP SCHEDULE

Location 1: 2900 Municipal St. 214-670-8718 or 8719 Wednesday and Thursday

Location 2: 2545 Valeria St 214-670-6869 Friday

Location 3: 9805 Harry Hines Blvd. 214-670-6200 or 6671 Monday and Saturday

Location 4: 7777 Goforth St. 214-670-8826 Tuesday

Zones 1 – 5: As Needed

CITY LOADING ASSISTANCE

It is the successful bidder(s)’s responsibility to load excavated materials. The City may, but will not be required to, assist with loading. City assistance will be considered only when the successful bidder(s) have loading equipment down. The City may assist with loading no more than two (2) consecutive days.

CUSTOMER SERVICE REQUIREMENTS

The City takes citizen complaints seriously and responds to such complaints promptly. The successful bidder(s) shall not litter at jobsites and will be expected to obey posted speed limits on City property and in residential and business areas while traveling to and from jobsites. The successful bidder(s) shall immediately correct performance issues and shall report and respond to City personnel with any known related property damage concerns which may have involved bidder(s)’s equipment and/or personnel’s actions and take appropriate action to make corrections, repair and/or replace damaged property at bidder(s)’s expense if damages are determined to be bidder(s)’s responsibility.

APPLICABLE LAWS AND REGULATIONS

The successful bidder(s) shall use dumpsites and landfill facilities that are operated, licensed, and registered in accordance with all rules and regulations of the Texas Commission on Environmental Quality (TCEQ) statutes book defining Municipal Solid Waste Facilities, 30 TAC Chapter 330, section (f) for dumpsites and sections (b) and (e) for landfills. The successful bidder(s) shall provide documentation that shows the dumpsite or landfill to be used are in compliance with all TCEQ rules and regulations. The successful bidder(s) shall provide the City with the Dumpsite facility owner’s name and address, or the Landfill facility address and TCEQ current permit number and expiration date. The contractor shall unload at TCEQ Type I or IV dumpsites and landfills. It is the successful bidder(s)’s responsibility to contact the dumpsites or landfills with sufficient time to learn of policies and disposal procedures. The City will not tolerate dumping at illegal dumpsites. In addition, all environmental impacts and/or spills related to the bidder’s equipment within City facilities and job sites will become the responsibility of the bidder to immediately report such spills to the facility management team. These procedures will include the bidder(s) to be held responsible for conducting the site cleanup and correct disposal of these spills/impacts as required by TCEQ rules and regulations and following City of Dallas Office of Environmental Quality and Storm Water Management procedures.

Awarded vendor shall comply with the Solid Waste Franchise Ordinance to collect, transport, process or dispose of solid waste in the Dallas City Limits”

Summary of Compliance Requirements:

• Report monthly & pay 4% of gross revenue from customers in Dallas City limits

• Maintain and provide proof of required insurance coverage

• Comply with all applicable state and city regulations

• Abide by requirements contained in franchise ordinance

VI. Communication

In order to provide the customer service required for this master agreement, bidders shall respond quickly and clearly, this is essential for the City. Vendors must answer emails from the City within one (1) working day; vendors shall have a company employee (not an answering service or answering machine) answer the phone during normal business hours or provide a cell phone number. Phone messages shall be returned within one (1) hour upon receipt of call. The successful bidder(s) shall be available at all times and shall immediately notify all locations with a contact phone number when contact information has changed or when there is an interruption in the provided contact service.

The awarded vendor shall be responsible for all direct correspondence with the Owner and shall not delegate communication responsibilities to anyone, including subcontractor, consultant, or manufacturer if applicable.

VII. Inspection of Facilities

The City of Dallas Water Utilities Department reserves the right to inspect the manufacturer’s facilities prior to award. This inspection may be considered in the bid evaluation process.

VIII. Award Method – The City’s intent is to award this solicitation 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 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 awards.

IX. Location and Invoicing - The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

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

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

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

• Date of order or Service

• Detailed description of each service

• Price 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 these instructions risk having the contract with the City cancelled.

X. Qualification of Bidders

Bids will be considered only by bidders who have been established in the business of disposal of excavated materials for one (1) year or more. Bids shall be accepted by authorized distributors for the requested bid items. If during the term of the contract the awardee loses this authorization the City reserves the right to obtain the products by informal/formal bid method.

XI. References References may be requested by the City prior to awarding of bid. The Vendor shall provide references for at least three (3) current or previous customers within five (5) business days. The references shall include the following information:

• name of the client

• size of the entity

• number of locations served

• contact person’s name, address, and phone number

• length of contract with the entity

• customer satisfaction feedback

In addition, the City reserves the right to request an on-site evaluation of the successful bidder(s)’s facility prior to awarding of bid.

XII. Estimated Quantities

The City of Dallas has listed estimated expenditures for removal and disposal of Excavated materials for thirty-six (36) months. The actual estimated expenditure may be more or less than the stated amount during the term of the contract, depending on anticipated needs. The City of Dallas will not be responsible for any anticipated profits or losses, by any bidder, based on the estimates. User departments will place their orders as needed. Some months may have several orders, and some months may have none. Payments to the successful bidder will be based on actual products supplied.

XIII. Service Requirements

All prices are to be quoted F.O.B. delivered to the City of Dallas location. Vendors are responsible for the transportation of the loads. Frequency of deliveries can be anticipated to vary with seasons.

The successful vendor(s) shall coordinate deliveries to ensure a constant supply. Deliveries will be made to various City of Dallas locations citywide within forty-eight (48) hours of the initial order.

Emergency orders shall be delivered within twenty-four (24) hours from the time the order is placed.

The awarded vendor shall provide an electronic weight/scale ticket upon delivery to an authorized City of Dallas representative. No handwritten quantities/tonnage for these tickets will be accepted.

Pick-Up locations listed below are but not limited to:

Dallas Water Utilities:

Yard#1 - 2900 Municipal Street, Dallas Texas, 75215

Yard#3 – 2545 Valeria, Dallas Texas, 75211 Yard#4 - 9805 Harry Hines, Dallas Texas, 75220 Yard#5 – 7777 Goforth, Dallas Texas, 75238

XVI. Documents Submitted with Bid or upon Request

1. Bid Security

2. Business Information Form (OPS-02)

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

4. Statement of Insurability and Quote (OPS-04)

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

6. Living Wage Affidavit (OPS-03)

7. Sample Contract with Markups

8. Bonding Requirement Form (OPS-05)

9. Any other City documents as required

XIV. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XV. Review of Bids

1. The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

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 bid.

XVI. Bid Pricing

1. Bid pricing shall be firm for each year of the contract and a total of 3 years unless otherwise stated herein. 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 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.

XVII. Price Adjustments

a. Price Decrease

If the BIDDER’S direct cost decreases at any time during the term of this contract agreement, the BIDDER shall immediately pass the decrease on to the CITY and lower its prices by the amount of the decrease in direct cost. The BIDDER shall notify the City Purchasing Agent of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon City Purchasing Agent’s receipt of the BIDDER’S notice.

b. Price Increase

The BIDDER may request a price increase after one (1) year from the Council award date.

Subsequent price increases may be requested six (6) months from the date of the previous approved price increase. At no point during the contract shall the cumulative price increase exceed 20% of the original awarded bid price. To request a price increase, Bidder must submit a letter setting the amount of the increase, along with an itemized list of any increased prices, showing the BIDDER’S current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Documentation from the BIDDER showing the actual dollar increase/decrease to the BIDDER must accompany this request. Such documentation from the Bidder’s Bidder must clearly show the dollar increase incurred by the Bidder on the applicable Contract Agreement per item bid.

The BIDDER shall provide a request for a price increase to the City 45 days in advance for review and approval; no price increase will be effective until the BIDDER receives formal acceptance from the City’s Director of Procurement Services or their designee.

If the City Purchasing Agent approves the price increase, he or she shall notify Bidder in writing;

no price increase will be effective until Bidder receives this notice. If the City Purchasing Agent does not approve Bidder’s price increase, Bidder may terminate its performance under the Contract Agreement upon 120 days’ advance written notice to the City Purchasing Agent.

Termination of performance is Bidder’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 the BIDDER.

XVIII. Insurance

Insurance:

The successful contractor will be required to purchase, within fifteen days of award, and maintain, during the term of the contract, insurance as described in Attachment 1.

Bonding:

Awarded agency will be required to secure payment bonds in the form required by the City and maintain them for the term of the contract. The performance and payment bonds will be 25% of the annual amount of the contract. Bonding requirements are the responsibility of the prime contractor. It is the prime contractor’s responsibility to obtain and maintain the required bonding throughout the term of the contract.

XIX. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid 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 RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. 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.

XX. Late and Withdrawn Bids

Bids are required to be submitted electronically using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XXI. 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.

XXII. Disqualification of Bidders

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

• Reason to believe collusion exists among the bidders

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

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

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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. Also, bidders 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.

XXIX. 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 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.

(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

XXX. 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFB. 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 RFB.

XXXV. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

The pricing shall include all costs incurred, real and unforeseen, related to providing the service including insurance, freight, fuel, and all direct costs.

XXXVI. Certificate of Interested Parties (Form 1295) All vendors 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 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 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

REMOVAL OF EXCAVATED MATERIAL SERVICE PICK UP SCHEDULE