6-01-Specifications.pdf

City of Dallas

Request for Bid (RFB)

Project Title: Dallas Airport System Airport Pavement Maintenance

Buyer Solicitation Number: BH26-00030181

Scope of Work

I. Introduction, Purpose & Intent

The City of Dallas (“City”) is seeking to establish a 60-month Indefinite Delivery/Indefinite Quantity (“ID/IQ”) service price agreement for airport pavement repair & maintenance services at Dallas Love Field (DAL), Dallas Executive Airport (RBD) and the Downtown Vertiport (49T).

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

Dallas Love Field (DAL), located at 8008 Herb Kelleher Way, services over sixteen (16) million passengers annually, through twenty (20) gates, and two (2) runways. Dallas Executive Airport (DEA), located at 5303 Challenger Drive, is used for general aviation and is a reliever airport for Dallas Love Field. The Dallas CBD Heliport/Vertiport is located in the Central Business District at the south end of the Dallas Convention Center.

The awarded contractor will be required to perform partial-depth, full-depth, joint and surface repair to airport runways, taxiways, aprons, ramps, vehicle service roads, and aviation-maintained public access pavement. Department specifications included will provide requirements for services including but not limited to insurance, labor, tools, materials, supplies, and equipment to repair airport pavement surfaces to Federal Aviation Administration (FAA) and North Central Texas Council of Governments (NCTCOG) standards as applicable.

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 address 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 https://dallascityhall.bonfirehub.com/login 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

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.

Request for Bids

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

1. GENERAL

The successful bidder(s) shall possess and maintain the capacity to provide Airport Pavement Repair & Maintenance services in accordance with FAA, NCTCOG, State of Texas, and City of Dallas rules and regulations. The work includes furnishing all materials, equipment, supplies, tools, labor, layout, incidentals, and any other expense to successfully complete the work to repair airport pavement deficiencies.

The work described herein will require coordination with the Airport Management, as it will be necessary to close public roadways, runways, taxiways, ramps, aprons, pedestrian pathways, or vehicle service roads to traffic for pavement maintenance and cure times while keeping airport operations' disruptions to a minimum. All airfield surfaces are only available on an emergency basis pending airport approval after communication from Airport Operations and Air Traffic Control.

2. EXHIBITS

Exhibit A - Dallas Airport System 60-Month Term Pavement Repairs Specifications

Exhibit B - Airside Pavement Repairs Standards, Exhibit C - 60-Month Term Pavement Repairs Project Bid Sheet (Airside & Landside) Exhibit D - Cost Proposal #1 – Vehicle Service Road (VSR) Exhibit E - Cost Proposal #2 – Runway 13L

1. Qualifications

Bids will ONLY be considered from vendors who have been established in the business of providing Airport FAA and NCTCOG approved Pavement Repair and Maintenance services for five (5) years or more. Contractor must have experience in FAA certificated airport pavement maintenance, repair, and construction, in accordance with 14 CFR Part 139 requirements.

Experience in highway and/or streets pavement maintenance alone is not qualifying experience.

The bidders shall furnish a list of references demonstrating a minimum of five previous years as a pavement contractor for airport and airfield pavement repair services. References shall include company name, name of contact, phone number, and state detailed experience in airport and airfield pavement. Failure to submit complete reference information with bids may result in the rejection of the bid.

Bidders shall furnish a list of subcontractors that may be used for any of the work in accordance with the City Procurement standards.

2. Material & Supplies

Materials Acceptance

The materials shall meet the specification requirements. The Contractor shall furnish a statement that the materials meet the specification requirements.

Prohibited Materials

Any material not specifically approved in the specifications is prohibited unless approved by the Director of Aviation or their designee.

3. Department of Aviation Safety & Security Requirements

The contractor, its subcontractors, and all their employees shall be subject to and shall at all times conform with all rules, regulations, policies and procedures pertaining to safety and security at Dallas Love Field, Dallas Executive Airport and the Vertiport. The contractor, its subcontractors, and all their employees shall comply with all Safety and Security policies and procedures within the Federal Aviation Administration (FAA) and North Central Texas Council of Governments (NCTCOG) for the duration of the contract. Any violations or disregard for rules, regulations, or policies may be cause for immediate termination.

To comply with TSA requirements, all contractors' unescorted employees working at Dallas Love Field must pass a criminal history background investigation and be issued an airport identification badge. The cost of this investigation will be billed to the contractor as described in the Exhibits. This must be completed within the first 30 days after the contract award date and prior to any work commencement. The Agency requires the contractor to return badges of any terminated employee of the contractor and/or at the end of the contractor term to Dallas Airport System. A $100 fee will be assessed per unreturned badge. The contractor will supply a current list of active employees who will be servicing the property.

4. Substitutions

Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer, the specified item mentioned shall be understood as establishing the type, function, and quality desired.

The request for substitution must include the manufacturer’s complete technical data sheets on the proposed product with a certified ingredients analysis signed by an officer of the manufacturer and sufficient information, including applicable case history information, for making a complete comparison between specified and proposed product. As part of the proof of equality, the city may require at the cost of the Contractor, certified test reports from a nationally known, reputable, and independent testing laboratory conducting comparative tests as directed by the city between the product specified and the requested substitution.

5. Communication

To provide the customer service required for this bid, bidders must respond quickly and clearly, this is essential for the city.

The Contractor shall be responsible for all direct correspondence with the City and shall not delegate communication responsibilities to anyone including sub-contractor, consultant, or manufacturer. All required information shall be the direct responsibility of the Contractor.

Vendors shall answer written correspondence from the City within three (3) working days;

vendors shall provide the name & contact phone number of the responsible person on call 24 hours a day during active projects. A company employee (not an answering service or answering machine) shall answer the phone during normal business hours or provide either a cell phone number of the vendor contact of whom may not be at their desk all day.

Phone messages received prior to 3 pm on any given business day must be returned before the end of that business day; if a message is left for Contractor after 3 pm the Contractor shall return the call no later than noon the following business day.

6. Compliance

To be in compliance with these specifications, awarded vendor shall have received a copy of a City of Dallas Delivery Order (“DO”) prior to providing specified service. The Delivery Order serves as a Notice to Proceed with performing approved services/repairs or delivery of merchandise. Any work completed by the Contractor prior to receiving a Delivery Order is not authorized work and the Contractor places oneself at risk of non-payment. Please note if the

Contractor discovers additional work that is needed, the Contractor must have City authorization and a revised DO before proceeding with any additional repairs/service. Each invoice submitted shall include the same delivery order number that authorized the purchase of service. 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.

7. Clean Up

Promptly remove trash, debris and dust resulting from pavement maintenance and repair operations from the site. Upon completion of the work, all staging, equipment, and containers shall be removed from the site or destroyed in a manner approved by the City. At the completion of work, immediately prior to final inspection, cleaning of the entire project shall be accomplished.

The Contractor shall thoroughly clean, sweep and wash all work area under the contract. To the City’s satisfaction, clean or restore adjacent area affected by any repair or maintenance activities. All damage to surfaces resulting from the work of this section shall be cleaned, repaired, or refinished to the satisfaction of the City, at no cost to the City.

8. FAA Advisory Circulars

A listing of Federal Aviation Administration (FAA) Advisory Circulars (AC’s), can be found at: https://www.faa.gov/regulations_policies/advisory_circulars/

Suggested Advisory Circulars in the Series 150 Advisory Circulars (ACs) for Airport Projects:

https://www.faa.gov/airports/resources/advisory_circulars/

VI. Commencement Date

The service price agreement will become effective upon City Council approval and contract execution. No contract shall be binding with the City until it has been approved and authorized as to form by the City Council, City Attorney and executed by the City Manager.

VII. Award Method

The City’s intent is to award this solicitation by group to the lowest responsive and responsible bidder for each group demonstrating compliance with the specifications, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive. City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

VIII. Location and Invoicing

The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect goods and services delivered to the City. The 30 days https://www.faa.gov/regulations_policies/advisory_circulars/ https://www.faa.gov/airports/resources/advisory_circulars/ 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 for completed work, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

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

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

• Date of order or Service

• Detailed description of each service

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

• Total cost of goods/services

• Remit to Address

• Contract Number

• DO or PO Number

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.

IX. Total Cost of Goods and/or Services

The total cost of goods and services must be all inclusive (supplies, materials, labor, tools, equipment, expertise, etc.)

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

PROPOSAL WAS SUBMITTED AND REGARDLESS OF WHETHER THOSE COSTS WERE

ACTUALLY INCURRED.

X. Performance Measures and Contract Management

The City will monitor the contract and measure Contractor performance on a per job/project basis until the expiration of the contract. Performance measures will include:

On time delivery of service (punctual arrival and start times for each job, meets scheduled timeframes and deadlines).

The Contractor's on-site supervisor will be responsible for meeting with the designated City of

Dallas Supervisor-in-Charge at the beginning and end of each day to schedule work, to discuss problems, and to evaluate the day's accomplishments or follow an agreed communication plan between the vendor and City designee.

The Contractor will be responsible for maintaining an accurate written record of square footage work details, timing and any other relevant information regarding areas being repaired. Each area will be listed on the invoicing per the specifications bid sheet.

Contractor Invoicing (must be timely and accurately detail services delivered with the associated cost).

Quality of services (percentage of Contractor services that are performed satisfactorily and meets or exceeds requirements within this RFB).

Quality of customer service (are issues being resolved expeditiously by Contractor, returns calls, etc.).

Non-conformance issues regarding this RFB will be documented and investigated by the City. Upon investigation, the Contractor will be given an opportunity to provide and implement corrective action to remedy the non-conformance via a remedy plan.

The city will determine the length of time, escalation action if necessary and a follow-up period within which the corrective action is to take place. Once the corrective action is complete, the city will verify that said action has been implemented and performed satisfactorily.

XI. Special Requirements

REFERENCED STANDARDS: The Contractor shall execute all work in strict accordance with local, state, and national codes, ordinances, and regulations governing the work involved. The Contractor shall have all permits and/or licenses required from local, state, and federal authorities at the time of submission and throughout the life of the agreement.

The Contractor is responsible for obtaining all permits required by the City of Dallas, State of Texas, or any other entity or governing body. The Contractor and its representatives shall be certified and qualified to perform the services requested by the City. The City reserves the right to request proof of said licenses and or certificates (if applicable), but the primary responsibility shall lie with the Contractor to provide proof of a documented permits and licenses. The Contractor is responsible for and shall include all charges incurred, whether foreseen or unforeseen, for these permits, licenses.

Quality assurance procedures and practices shall be utilized to monitor all phases of preparation, repairs, and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the city. The City reserves the right to test the quality of pavement used at any given time.

The City reserves the right to inspect each bidder’s facilities as deemed necessary as a part of the award process. The bidder must be able to obtain suitable equipment for pavement repairs as defined in the specifications for the duration of the contract. The bidder’s equipment shall be designed for repairs and application of the materials specified and shall be maintained in good working order comparable to that described in printed instructions from the manufacturer.

The Contractor shall have in place an existing proactive safety program that meets or exceeds industry standards and shall also comply with Federal regulations.

It is the intent of these specifications for Contractor to perform the work on-site. For Contractor to remove any equipment from the work site, a request shall be made at least 72 hours in advance and written authorization received prior to any work being performed. The Contractor shall be held responsible for material and/or property damages while the equipment is in the Contractor’s care, custody, or control, whether in transport, at a City facility, or in the Contractor’s shop facilities. All damages caused by misuse, carelessness, neglect, abuse, or work performed by unqualified and/or unlicensed personnel shall be the responsibility of the Contractor to correct by repair or replacement at the Contractor’s expense, to the satisfaction of the City.

The Contractor shall be required to check in/out with designated staff when starting and completing a job and to get prior approval for overtime.

XII. Documents Submitted with Bid or upon Request

1. Completed Business Information Form (OPS-02)

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

3. Signed Statement of Insurability and Quote (OPS-04)

4. Local Preference Form (OPS-31)

5. Living Wage Affidavit (OPS-3)

6. Sample Contract with markups

7. A minimum of 3 references to verify bidders’ work experience and qualifications as described in the specifications for each group bidder is submitting a response for.

8. SBE Affidavit BEH-FRM-602.SAW

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

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

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

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

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

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

15. Any other City documents as required

XIII. Opening of Bids

All 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).

XIV. Review of Bids

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

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.

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

The City reserves the right to inspect each bidder’s facilities as deemed necessary as a part of the award process. The bidder must be able to obtain suitable equipment for pavement repairs as defined in the specifications for the duration of the contract. The bidder’s equipment shall be designed for repairs and application of the materials specified and shall be maintained in good working order comparable to that described in printed instructions from the manufacturer.

XV. Bid Pricing

Bid pricing shall be firm for the entire contract 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.

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.

TRAVEL TIME: Bid pricing for all services shall include the travel time to and from the jobsite, separate charges for travel time will not be paid. The Contractor shall furnish all items, articles, materials, supplies, etc. necessary to complete the contracted services mentioned in these specifications. This includes mileage.

Pricing quoted in the bid must include any delivery, shipping or freight charges, the city will not pay shipping, delivery, or freight charges (All quotations must be F.O.B City of Dallas and included in unit cost.)

XVI. Insurance

Awarded Contractor(s) shall purchase, within fifteen days of award, and maintain, during the term of the contract, insurance as described in Attachment 1 and agrees to the indemnification agreement therein.

XVII. Rejection or Acceptance of Bids

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.

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.

XVIII. 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. Any documents received through email will not be considered or accepted.

XIX. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. 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.

XX. 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

XXI. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XXII. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXIII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the Contract of any part therein or its right, title, or interest therein or its power to execute the same to any other persons, firm, partnership, company, or corporation without the prior written consent of the City. Should the Contractor assign, transfer, sublet, convey, or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXIV. Default by Contractor

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

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

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

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

Contract; or

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

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

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

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

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

XXV. Termination

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.

XXVI. 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 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 their authorized representative shall be final.

XXVII. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition.

In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

a) The SBE participation goal for this contract is TBD %.

As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent low bidder who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov.

mailto:businessenterprisehub@dallas.gov

b) Equal Employment Opportunity/Nondiscrimination

The selected bidder shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

XXVIII. 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.

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 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)

XXX. Wage Floor Rate Requirement

1. On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime contractors, awarded general service contracts valued greater than $50,000, and first-tier subcontractors on the contract to pay their employees rendering services on the contract a wage floor of not less than $23.06 per hour.

2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after November 10, 2015. 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.

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 its own contract with a prime contractor to perform services, in whole or in part, as a result of an awarded City general

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

XXXI. Wage Floor Reporting Requirements

Contractors awarded City general services contracts as described in the wage floor rate requirement section of this specification shall be required to provide the buyer the residential zip code and respective number of employees directly impacted by the wage floor requirement ten days after Council approval and on January 1st. but not later than January 31st. for the term of the contract. The Contractor shall submit the report to the contract administrator during the established period.

XXXII. Wage Floor Compliance Requirements

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

Contractors not compliant with the wage floor requirement will be deemed 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.

XXXIII. 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.

XXXIV. 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 provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

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