7-3 - CONTRACT REQUIREMENTS PACKET - UPON AWARD.pdf

2/14/2020 OPS-06

Rev. 0 - 02/14/2020 Page 1 of 1

OFFICE OF PROCUREMENT SERVICES

CONFLICT OF INTEREST POLICY

It is the City of Dallas' practice to obtain a conflict of interest form from every individual or business entity that is currently doing business with the City or before being considered for award.

This practice is intended to comply with the requirements under chapter 176 of Texas Local Government Code:

Conflict of Interest

During the 79th Legislative Session, House Bill 914 was approved, which added chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Dallas, including affiliations and business and financial relationships such persons may have with City of Dallas officers. An explanation of the requirements of chapter 176, applicable forms and a complete text of the new law are available at: https://www.ethics.state.tx.us/filinginfo/1295/.

The vendor acknowledges by doing business or seeking to do business with the City of Dallas that he/she has been notified of the requirements under chapter 176 of the Texas Local Government Code and that he/she is solely responsible for complying with the terms and conditions therein. Furthermore, any individual or business entity seeking to do business with the City of Dallas who does not comply with this practice may risk award consideration of any City contract.

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

OVERVIEW: FILING FORM 1295 - CERTIFICATE OF INTERESTED PARTIES

A completed Form 1295, as required by the Texas Ethics Commission (TEC) must be generated and submitted electronically through the TEC’s website*:

https://www.ethics.state.tx.us/filinginfo/1295/

Step 1: Obtain the identification number for your contract

Section 3 of Form 1295 requires you to provide the identification number used by the City to track your contract. This number will be generated by the City. You may obtain the identification number from your City department contact who is handling your contract.

Step 2: Create a user profile on the Texas Ethics Commission’s website

Create your user profile on the TEC website. You can find a four-minute instructional video here:

https://www.ethics.state.tx.us/filinginfo/videos/Form1295/FirstLogin-Business/Form1295Login-

Business.html

Step 3: Log in to your account to electronically file the form (aka “Create a Certificate”)

File your Form 1295 on the TEC website (see image below of completed form). You can find a three-minute instructional video here:

https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/videos/Form1295/FirstLogin-Business/Form1295Login-Business.html https://www.ethics.state.tx.us/filinginfo/videos/Form1295/FirstLogin-Business/Form1295Login-Business.html https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html

OVERVIEW: FILING FORM 1295 - CERTIFICATE OF INTERESTED PARTIES

Step 4: Print the completed form and have it signed by your authorized official

Print the completed Form 1295, have it signed by an authorized official. Notarization is not required.

Step 5: Submit Form 1295 to the appropriate City contact

Submit your completed form to your City department contact. Upon receipt of your Form 1295, the City will electronically file an acknowledgment with the TEC that we have received your form.

*Please note that City employees may not give a business entity advice on how to fill out the

Form 1295.

PROPOSAL BOND

THE STATE OF TEXAS )

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF DALLAS )

That we, _______________________________________________________________ as Principal, and __________________________________________________________________________, a Corporation duly organized under the laws of the State of ______________ and authorized to do business in the State of Texas, as Surety, are held and firmly bound unto the:

CITY OF DALLAS, TEXAS, a Municipal Corporation, as Obligee, in the penal sum of FIVE PERCENT ( 5%) OF THE GREATEST AMOUNT PROPOSED, lawful money of the United States of America; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

SIGNED, SEALED and DATED this ____ day of __________________ 20____.

WHEREAS, the principal is herewith submitting its proposal for

Project)_________________________________________________________________

THE CONDITION OF THE ABOVE OBLIGATIONS ARE SUCH, that if the aforesaid Principal shall be awarded the Contract, the said Principal will, within the time required, enter into a contract and give Bonds for the faithful performance of the Contract and the prompt payment for labor and materials in the prosecution thereof, then this obligation shall be null and void, otherwise the Principal and Surety will pay unto the obligee the full penal sum hereof, as liquidated damages, it being difficult and impractical to determine accurately the actual amount of damages occurring to Obligee by reason of Principal' s failure to execute said Contract and Bonds.

PROVIDED FURTHER, that if any legal action be filed upon this Bond, venue shall lie exclusively in Dallas County, Texas.

PROPOSAL BOND (Continued)

ATTEST:

ATTEST:

PRINCIPAL

Secretary BY - - - - - - - - - - - - - - - - SURETY (Title)

Secretary BY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Title)

Note: (Certified copy of Power of Attorney must be attached hereto unless previously on file with the

City Secretary) and copy of certificate to do business in the State of Texas.

The Resident Agent of the Surety in Dallas County, Texas, for delivery of Notice and Service of Process is:

NAME: Address: - - - - - - - - - - - - - - - - - - - - - - - - -

The Proposer must complete this form regardless of whether or not the same information is given in the

Proposer's Bond:

1. Complete name and address of Surety Company for Performance and Payment Bonds:

2. Name of the Attorney-In-Fact for the Surety Company:

3. The name of the resident agent of the Surety Company in Dallas County, Texas, (this name must be the name of a natural person residing in Dallas County, Texas):

4. Address of the resident agent of the Surety Company in Dallas County, Texas, (this must be a street address and not a post office box number):

Telephone _ _ _ _ _ _ _

Name of Proposer

Revised October 21, 2005

Revised October 21, 2005

PROPOSAL BOND (Continued)

The undersigned further agrees that the Proposal Guaranty may be retained by the City of Dallas provided the undersigned is one of the three lowest and most and most advantageous proposers, and that said Proposal Guaranty shall remain with the City of Dallas until the Contract has been signed, and the Bonds required for the faithful performance of the Contract and the prompt payment for labor and materials in the prosecution thereof have been made by one of the three lowest responsible proposers;

otherwise, Proposal Guaranty may be obtained from the City Secretary after forty-eight (48) hours from the time of opening the proposals.

The undersigned hereby declares that he has visited the site, has had sufficient time to make all tests and investigations to arrive at an intelligent estimate of the cost of doing the Work, and has carefully examined the Plans, Specifications and other Contract Documents relating to the work covered by his proposal or proposals, that he agrees to do the Work, and that no representations made by the City are in any sense a warranty, but are mere estimates for the guidance of the Contractor, that upon receipt of notice of the acceptance of the Proposal, he will deliver the Surety Bonds as may have been required in the

Specifications.

The proposal security attached, in the sum of Dollars ($ _ _ _ _ _ _ _ _ _ _ ) is to become the property of the City of Dallas if a cashier's check, and if a Proposal Bond, the full principal amount shall be paid to the City, in the event the Contract and Surety Bonds are not executed within the time above set forth by Instructions to Proposers, Article 11, and to be considered as liquidated damages because the expense of delay and additional work caused thereby, as well as other damages, are incapable of accurate ascertainment.

Time of Completion: The undersigned agrees to complete the work within _ _ _ calendar days, inclusive o f * weather delay days, from the date specified in the Work Order. The Work Order may be issued on the date of acceptance of the bid, requiring the undersigned to commence work not later than ten (10) days thereafter. The undersigned further declares that he will provide all necessary tools and apparatus, do all the Work, and furnish all materials, and do everything required to carry out the above mentioned Work covered by this proposal, in strict accordance with the Contract Documents, and the requirements pertaining thereto, for the sum or sums above set forth.

*See section B-5 - 2. in General Requirements for details on weather delay days

PROPOSAL BOND (Continued)

Revised October 21, 2005

Respectfully submitted, signature printed name company name street address city state zip

Seal-if Proposer is a Corporation)

Note: DO NOT DETACH Proposal and Proposal Bond from other papers. Fill in with ink and submit complete with attached papers. Name should be typed or printed all signatures in the Proposal and accompanying Proposal Bond)

OPS-05 1/14/2020

Rev. 0 – 01/13/2020 Page 1 of 1

OFFICE OF PROCUREMENT SERVICES

BONDING REQUIREMENTS

PERFORMANCE AND PAYMENT BONDS

Within 15 days of the award of this bid, the successful bidder will be required to post a Performance & Payment Bond in the aggregate amount of _______% of the annual value of the contract, and the cost of such bond must be absorbed by the bidder. Bonding must be made by a bonding company authorized to do business in the State of Texas, on the Treasury

Department’s list of approved sureties, and having a designated Resident Agent residing in Dallas County, Texas.

SURETY COMPANY INFORMATION

(Company providing Performance and Payment bonds for bidder)

Legal Name:

Address:

State of Incorporation:

Name of Attorney-in-Fact:

RESIDENT AGENT INFORMATION

(Must be a name of a natural person residing in Dallas County, Texas)

Name:

Address:

(Must be a street address and not a Post Office box number) Email Address: Phone Number:

OPS-FRM-2151 10/30/2024

OFFICE OF PROCUREMENT SERVICES

LIVING WAGE AFFIDAVIT

VENDOR INFORMATION

Business Name:

Street Address:

City, State, Zip Code:

Telephone Number:

E-mail Address:

LIVING WAGE REQUIREMENTS

Dallas City Council Resolution 15-2141 requires prime contractors awarded general service contracts, where service is valued to be greater than $50,000, and first-tier subcontractors on the contract, to pay their employees (the term employee includes all those performing services on this contract. The relationship of employment is determined by the vendor), no less than the “living wage” rate, as set by the Massachusetts Institute of Technology Living Wage Calculator, or its successor, for Dallas County, Texas. This requirement does not apply to a contract for goods only, professional services, or construction contracts.

By signing this affidavit, the contractor agrees to the following:

1. Pay employees not less than Living Wage rate for the duration of time committed in executing specified services on the contract (current Living Wage rate is $22.05).

2. Provide communication, in writing, to all persons involved in a City of Dallas general service contract, communicated in a similar manner as the attached sample announcement. Any employee under this contract and not receiving a wage floor as specified in the Living Wage policy, shall contact the City of Dallas’ Office of

Procurement Services office at 214-670-3326.

3. To keep records of all employees, and their hourly rates, and will provide this information when requested, as well as allow the City to audit payroll registers, and all other information the City deems necessary to determine compliance of the Living Wage policy.

4. If contract is renegotiated or renewed it is agreed that the Living Wage rate at the time of the renewal will prevail (updated Living Wage rate, if applicable)

5. Records shall include the following components:

a. Number of Employee on COD Contract

b. Employee Name

c. Employee Zip Code

d. Wage Rate Paid to Employee

The signer must be a company officer and authorized to legally bind the business entity referenced herein.

Authorized Signature Date

Printed Name and Title

SP-7 DALLAS AIRPORT SYSTEM GARAGE A & B REPAIRS

RELEASE OF LIEN

FROM: Contractor's Name:

Address: :

TO: Owner's Name:

Address:

DATE OF CONTRACT:

Upon receipt of the final payment and in consideration of that amount, the undersigned does hereby release the Owner and its agents from any and all claims arising under or by virtue of this Contract or modification thereof occurring from the undersigned's performance in connection with the project.

Contractor's Signature:

Title:

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Commission Expires:

SP-8

CONTRACTOR'S AFFIDAVIT

FROM: Contractor's Name:

Address:

TO: Owner's Name:

Address:

DATE OF CONTRACT:

I hereby certify that all claims for material, labor, and supplies entered into contingent and incident to the construction or used in the course of the performance of the work on the project have been fully satisfied

Contractor's Signature:

Title:

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Commission Expires:

The Surety Company consents to the release of the retained percentage on this project with the understanding that should any unforeseen contingencies arise having a right of action on the bond that the Surety Company will not waive liability through the consent to the release of the retained percentage.

Dated:

Surety Company:

By:

Resident Agent, State of Texas