8-DWU-FRM-170-CS RequestForQualification Engineering Services.doc

REQUEST FOR QUALIFICATION

Signature Page, Instructions, General Conditions

Dallas Water Utilities

CONTRACT NUMBER:

RFQ Name:

DUE DATE/TIME:

Project Manager:

Phone No: Email:

Solicitation meeting(s):

The purpose of this solicitation is to seek interested and qualified parties that can provide Engineering Services. Award will be made based on its Entirety. The City reserves the right to award by method deemed most advantageous to the City.

By submitting a solicitation response and signing this document, the signee attests to have read all associated documents related to this solicitation and agrees to the terms and conditions outlined throughout this Request for Qualification (RFQ). The undersigned hereby offers to furnish and deliver the goods or services as specified at the terms there stated herein and in strict accordance with the RFQ and conditions of solicitations, all of which are made a part of this offer.

To be considered for award, a business entity must be registered to do business in the state of Texas with the Texas Secretary of State. Proposers shall also comply with Dallas City Code Sec. 12A-15.8 – Lobbying by bidders and proposers on City Contracts. Refer to page 7, No. 40.

Date Full Legal Company Name (as registered with the Texas Secretary of State)

(Address, City, State and ZIP Code) Note: No Post Office Box

Telephone No. Fax No. Email Address

Authorized Signature Print Name Title

Pre-Submittal Conference #1: N/A Date:

Time:

Location:

Pre-Submittal Conference 2: N/A Date:

Time:

Location:

Statement of Qualification General Failure to follow these instructions may result in your Statement of Qualification being declared non-responsive and not considered.

SOQ CHECKLIST: (Documents to be submitted in response to this RFQ)

SOQ: Including RFQ SIGNATURE PAGE (DWU-FRM-170-CS)

_____ SEALED SOQ RESPONSE

_____ ANY ADDITIONAL INFORMATION REQUESTED WITHIN THE SPECIFICATIONS

_____ Evidence the entity is registered with the Texas Secretary of State if entity was organized in another state.

_____ Team Make-Up and Local Workforce Form (OPS-FRM-640) _____ Conflict of Interest Questionnaire

1. Dallas Water Utilities is unable to accept paper copies of bids, qualifications or proposals. Please submit all SOQs as pdfs in Bonfire at: https://dallascityhall.bonfirehub.com/login. For any questions, please email DWUCapitalServices@dallas.gov.

2. To be considered responsive, all solicitations must be submitted as pdf files in Bonfire by the due date and time indicated in the solicitation. Late submissions will not be accepted.

3. All questions, interpretations, or clarifications desired must be submitted in Bonfire/Messages/Vendor Discussions. Oral statement(s) regarding the meaning or intent of the contents of this solicitation by any person other than the listed Project Manager are unauthorized and invalid. All clarifications and answers to questions will be addressed and posted online as an addendum to the solicitation. Notification of addendums will be emailed to all document takers.

4. All requests for exceptions to the specifications and/or insurance requirements shall be addressed in writing (e-mail), unless otherwise stated in the specifications, to the Project Manager listed on the solicitation no later than one week following the pre-solicitation conference. Any changes to the specifications shall be addressed in writing in form of an addendum and will be posted in Bonfire. Any changes or exceptions submitted without prior written approval from the listed Project Manager may cause the statement of qualification to be non-responsive unless the proposer withdraws the exceptions. This section does not apply to alternative solicitation response submittals; if an alternative solicitation response is being submitted, the responder shall mark the response “alternative solicitation response”. Responses not marked accordingly and are intended as such, may be considered non-responsive.

5. Except for the pre-solicitation conference, there is to be no contact between proposers, user departments or City officials during the RFQ process and evaluation process without prior approval from the listed Project Manager.

6. Responder’s Acknowledgement of Prohibition on Contracts with Companies Boycotting Israel Effective September 1, 2017, Responder acknowledges, in accordance with Chapter 2270 of the Texas Government Code, that Bidder does not boycott Israel and will not boycott Israel during the term of any contract with the City of Dallas to provide goods and services to the City. Bidder further acknowledges that this provision is hereby incorporated by reference, as if written word for word, into any subsequent contract entered into between City and Bidder for goods and services.

Responder’s Acknowledgement of Prohibition on Contracts with Foreign Terrorist Organizations

Effective September 1, 2017, Responder acknowledges, in accordance with Chapter 2252 of the Texas Government Code, that (a) Bidder does not engage in business with Iran, Sudan or any foreign terrorist organization and (b) Bidder is not listed by the Texas Comptroller as a terrorist organization as defined by Chapter 2252 of the Texas Government Code. Bidder further acknowledges that this provision is hereby incorporated by reference, as if written word for word, into any subsequent contract entered into between City and Bidder for (1) professional or consulting services subject to the Professional Services Act - Chapter 2254 of the Texas Government Code, (2) general construction, (3) an improvement, (4) a service, (5) a public works project, or (5) for a purchase of supplies, materials or equipment.

By submitting a response and signing the signature page, the responder acknowledges the Prohibition on Contracts with Companies Boycotting Israel and the Prohibition on Contracts with Foreign Terrorist Organizations and agrees to comply with these prohibitions throughout the term of resulting agreement.

7. The City’s procurement system is designed to send out solicitation email notifications to parties registered under commodity code(s) used for each respective procurement; in order to receive such notification, interested parties must register for all commodity codes which closest and most accurately represent the type of business offered. Commodity code profiles may be updated at any time. Contact the Office of Procurement Services at (214) 670-3326 for the update.

Note: If an addendum (a change to the solicitation specifications) is published that notes changes to the solicitation and a response has already been submitted, the respondent may modify their solicitation response in Bonfire and resubmit in order for the updated information to be considered prior to the closing date/time.

8. It is the Proposer’s sole responsibility to review the list of current City Council, Committee, Board and Commission members to determine employment or business relationship conflicts; a complete listing is available at City Secretary’s web page at http://dallascityhall.com/government/citysecretary/Pages/default.aspx

9. Before submitting a solicitation response, please check all lines carefully to ensure proper and accurate information submittal.

City of Dallas General Terms and Conditions For Request for Qualifications RFQ

CITY OF DALLAS GENERAL WARRANTY REQUIREMENTS

(A)

THE GENERAL WARRANTY REQUIREMENTS APPLY TO THE CITY’S PROCUREMENT OF GOODS UNDER THIS RFQ. FOR PURPOSES OF THE GENERAL WARRANTY REQUIREMENTS, THE TERM “GOODS” MEANS ANY EQUIPMENT, MACHINES, TOOLS, VEHICLES, HARDWARE, SUPPLIES, COMPONENT PARTS OR OTHER TANGIBLE PERSONAL PROPERTY. THE TERM “CITY” MEANS THE CITY OF DALLAS, ACTING THROUGH ITS OFFICERS, EMPLOYEES, DEPARTMENTS, AGENCIES, BOARDS, COMMISSIONS, COMMITTEES, AND INSTRUMENTALITIES.

(B)

BY SUBMITTING A PROPOSAL, THE BIDDER AWARDED THE CONTRACT UNDER THIS RFQ (ALSO REFERRED TO HEREIN AS “VENDOR”), FURNISHES THE FOLLOWING WARRANTY AS PROVIDED BELOW:

1.

VENDOR WARRANTS THAT THE GOODS DELIVERED ARE NEWLY MANUFACTURED, FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND CONFORM IN EVERY RESPECT TO CITY’S SPECIFICATIONS. VENDOR ALSO WARRANTS THAT IF, DURING THE WARRANTY PERIOD, ALL OR ANY PORTION OF THE GOODS: (A) FAIL FOR ANY REASON, (B) ARE DISCOVERED TO BE NONCONFORMING, OR ARE DEFECTIVE IN MATERIALS OR WORKMANSHIP, VENDOR WILL REPLACE SUCH FAILED, NONCONFORMING OR DEFECTIVE GOODS AT NO COST TO CITY WITHIN THE SAME TIME LIMIT AS THE DELIVERY PERIOD SHALL BEGIN ON THE DATE OF OFFICIAL ACCEPTANCE OF THE GOODS BY CITY, WHICH DATE IS EITHER THE INSTALLATION DATE OR IN-SERVICE DATE AS SHOWN ON CITY RECORDS OR THE DATE OF FORMAL ACCEPTANCE OF THE GOODS IN WRITING BY AN AUTHORIZED CITY OFFICIAL, WHICHEVER OCCURS FIRST, AND ENDS ONE (1) YEAR AFTER THE DATE OF THE OFFICIAL ACCEPTANCE. THIS WARRANTY SHALL BE UNCONDITIONAL, EXCEPT THAT IT SHALL NOT APPLY TO OBVIOUS ABUSE, MISUSE OR DAMAGE CAUSED BY CITY.

2.

AS BETWEEN VENDOR AND CITY, THE EXPRESS WARRANTY GIVEN IN SUBPARAGRAPH (B) (1) IS IN LIEU OF ANY

OTHER EXPRESS WARRANTIES. SHOULD THIS WARRANTY FAIL OF ITS ESSENTIAL PURPOSE, CITY WILL CONTINUE TO HAVE RECOURSE UNDER APPLICABLE TEXAS LAW. THIS WARRANTY IS INTENDED FOR THE EXCLUSIVE BENEFIT OF CITY, ITS OFFICERS AND EMPLOYEES, AND DOES NOT CREATE ANY WARRANTIES (EXPRESS OR IMPLIED) OR CAUSES OF ACTION IN FAVOR OR ANY THIRD PARTIES.

3.

IF A MANUFACTURER OF THE GOODS OR OF COMPONENT PARTS OF THE GOODS PROVIDES A SPECIAL OR INDEPENDENT WARRANTY WHICH IS LONGER THAN THE PERIOD PROVIDED FOR THIS WARRANTY, OR WHICH PROVIDES TERMS MORE FAVORABLE TO CITY THAN THOSE CONTAINED IN THIS WARRANTY, THE PROVISIONS OF THIS WARRANTY SHALL NOT BE CONSTRUED TO DIMINISH OR CONFLICT WITH THE SPECIAL OR INDEPENDENT WARRANTY GIVEN BY SUCH MANUFACTURER.

(C)

THE SUCCESSFUL BIDDER, BY SUBMITTING THE PROPOSAL,

AGREES TO GIVE THE FOLLOWING INDEMNITY WITH

RESPECT TO THE GOODS:

VENDOR SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, TYPE OR DESCRIPTION BROUGHT OR MADE ON ACCOUNT OF ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, ARISING OUT OF OR OCCASIONED BY ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE GOODS OR THE FAULT SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACT, PURCHASE ORDER OR PRICE AGREEMENT; PROVIDED, HOWEVER, THAT THIS INDEMNITY SHALL NOT APPLY TO ANY PERSONAL INJURY INCLUDING (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM CAUSED SOLELY BY THE NEGLIGENT USE, MISUSE OR ABUSE OF THE GOODS BY CITY, OR CAUSED SOLELY BY ANY NEGLIGENT ACT OR OMISSION OF CITY UNRELATED TO THE USE OF THE GOODS. IN THE EVENT OF JOINT OR CONCURRING RESPONSIBILITY OF VENDOR AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW. THIS PROVISION SHALL NOT BE CONSTRUED FOR THE BENEFIT OF ANY THIRD PARTY, NOR DOES IT CREATE OR GRANT ANY RIGHT OR CAUSE OF ACTION IN FAVOR OF ANY THIRD PARTY AGAINST CITY OR VENDOR, THIS PROVISION BEING SOLELY INTENDED TO PROVIDE FOR INDEMNIFICATION OF CITY FROM LIABILITY FOR DAMAGE TO THIRD PERSONS OR PROPERTY AS SET FORTH IN THIS PARAGRAPH.

1.

REQUIREMENTS: BY SUBMIITING A PROPOSAL, BIDDER AGREES TO SUPPLY TO THE CITY OF DALLAS (“CITY”) THE GOODS OR SERVICES DESCRIBED IN THIS RFQ IN ACCORDANCE WITH THESE GENERAL CONDITIONS AND CITY’S SPECIFICATIONS AS ATTACHED TO AND MADE A PART OF THIS RFQ, AND ANY WRITTEN ADDENDUMS TO THIS RFQ ISSUED BY CITY PRIOR TO THE DATE OF PROPOSAL OPENING.

2.

RECEIPT OF PROPOSALS: ALL PROPOSALS RESPONDING TO THIS RFQ MUST BE SUBMITTED IN BONFIRE BY THE TIME AND DATE SPECIFIED IN THIS RFQ.

3.

PROPOSAL AWARD: AWARD WILL BE MADE TO THE MOST ADVANTAGEOUS BIDDER/PROPOSER(S). CITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS AND TO WAIVE MINOR IRREGULARITIES OR DISCREPANCIES IN ANY PROPOSAL AS MAY BE IN THE BEST INTEREST OF CITY. LATE PROPOSALS DO NOT COMPLY WITH CONDITION #2 AND WILL NOT BE ACCEPTED.

4.

SIGNATURE: ALL PROPOSALS MUST BE SIGNED IN INK, BY HAND, IN THE SPACE MARKED “AUTHORIZED SIGNATURE.”

5.

CONFLICT OF INTEREST: IN ACCORDANCE WITH CHAPTER XXII SECTION 11 OF THE CHARTER OF THE CITY OF DALLAS, NO OFFICER OR EMPLOYEE OF CITY SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE CITY OR BE FINANCIALLY INTERESTED, DIRECTLY OR INDIRECTLY, IN THE SALE TO CITY OF ANY LAND, MATERIALS, SUPPLIES OR SERVICES.

6.

FIRM PRICES: UNLESS OTHERWISE STATED IN CITY’S SPECIFICATIONS, ALL PRICES WILL BE CONSIDERED FIRM FOR ACCEPTANCE WITHIN ONE HUNDRED FIFTY (150) DAYS AFTER PROPOSAL OPENING. THESE PRICES MAY BE EXTENDED BY WRITTEN AGREEMENT OF THE BIDDER.

7.

SUBSTITUTIONS; ANY CATALOG OR MANUFACTURER’S REFERENCE IN THIS RFQ IS DESCRIPTIVE, BUT NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND GRADE, UNLESS THE SPECIFICATIONS STATE “NO SUBSTITUTIONS.” IF THE SPECIFICATIONS ARE SILENT OR ALLOW SUBSTITUTIONS, OTHER ITEMS OF SIMILAR AND EQUAL QUALITY WILL BE CONSIDERED PROVIDED THE BIDDER STATES IN THE PROPOSAL EXACTLY WHAT THE BIDDER INTENDS TO FURNISH; OTHERWISE, THE BIDDER SHALL BE REQUIRED TO FURNISH THE ITEMS AS SPECIFIED IN THIS RFQ.

8.

DELIVERY TERMS: UNLESS OTHERWISE STATED IN THE SPECIFICATIONS, ALL GOODS DELIVERED UNDER A CONTRACT AWARDED THROUGH THIS RFQ SHALL BE CONSIDERED AS FOB DALLAS DELIVERY SITE OR ADDRESS.

9.

DISCREPANCIES AND ERRORS: IN CASE OF A DISCREPANCY BETWEEN THE UNIT PRICE AND THE EXTENDED TOTAL FOR A BID ITEM, THE FIGURE THAT IS MOST ADVANTAGEOUS TO THE CITY WILL BE TAKEN, PROVIDED THE OVERALL RESULTS OF BIDDING ARE NOT CHANGED.

10.

ACCEPTABILITY: CITY IS THE FINAL JUDGE OF PRODUCT ACCEPTABILITY FOR GOODS OR SERVICES QUOTED UNDER THIS RFQ.

11.

REMOVAL: CITY RESERVES THE RIGHT TO REMOVE A COMPANY FROM ANY VENDOR OR COMMODITY LIST FOR (1) CONTINUED FAILURE TO RESPOND TO RFQs, (2) FAILURE TO DELIVER GOODS OR SERVICES WITHIN THE PROMISED TIME, (3) DELIVERY OF SUBSTANDARD GOODS OR SERVICES, OR (4) FAILURE TO PROVIDE GOODS OR SERVICES AT THE SUBMITTED BID PRICE.

12.

OPEN RECORDS: TRADE SECRETS AND CONFIDENTIAL INFORMATION CONTAINED IN A PROPOSAL ARE NOT OPEN TO PUBLIC INSPECTION (BID PRICING, HOWEVER, IS NOT CONSIDERED TO BE CONFIDENTIAL UNDER ANY CIRCUMSTANCES). BIDDERS WHO INCLUDE INFORMATION IN A PROPOSAL THAT IS LEGALLY PROTECTED AS TRADE SECRET OR CONFIDENTIAL MUST CLEARLY INDICATE WHAT INFORMATION CONSTITUTES A TRADE SECRET OR CONFIDENTIAL INFORMATION BY MARKING THAT PART OF THE PROPOSAL “TRADE SECRET” OR “CONFIDENTIAL” AT THE APPROPRIATE PLACE. CITY WILL NOT BE RESPONSIBLE FOR ANY PUBLIC DISCLOSURE OF THE TRADE SECRET OR CONFIDENTIAL INFORMATION IF IT IS NOT MARKED AS PROVIDED ABOVE. IF A REQUEST IS MADE UNDER THE TEXAS OPEN RECORDS ACT TO INSPECT INFORMATION DESIGNATED AS TRADE SECRET OR CONFIDENTIAL IN A PROPOSAL, 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, IN ORDER FOR THE CITY ATTORNEY TO PRESENT THE MATTER TO THE ATTORNEY GENERAL OF TEXAS FOR FINAL DETERMINATION.

13.

VENUE: THE OBLIGATIONS OF THE PARTIES UNDER A CONTRACT AWARDED THROUGH THIS RFQ ARE PERFORMED IN DALLAS COUNTY, TEXAS, AND IF LEGAL ACTION IS NECESSARY TO ENFORCE SAME, EXCLUSIVE VENUE SHALL BE WITHIN DALLAS COUNTY, TEXAS.

14.

GOVERNING LAW: ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFQ AND ANY RESULTING CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF DALLAS AND THE LAWS AND COURT DECISIONS OF THE STATE OF TEXAS.

15.

DELIVERIES: DELIVERIES WILL BE MADE ONLY BY AUTHORIZATION OF THE CITY’S PURCHASING AGENT OR AUTHORIZED DESIGNEE, AS REQUIRED AND ORDERED BY CITY. SUPPLIER MUST RECORD FOR EACH ORDER RECEIVED THE FOLLOWING INFORMATION: CITY’S DEPARTMENT OR DIVISION, EMPLOYEE’S NAME, PHONE NUMBER, DELIVERY/BILLING ADDRESS, AGENCY NUMBER, AND REQUISITION NUMBER INFORMATION IN ORDER TO BILL THE PROPER CITY DEPARTMENT AT THAT DESIGNATED ADDRESS. BIDDER MUST OBTAIN THE CITY EMPLOYEE’S SIGNATURE AND CITY EMPLOYEE NUMBER ON DELIVERY/SALES TICKETS WHEN MERCHANDISE IS PICKED UP OR DELIVERED AND MAY REQUIRE EMPLOYEE IDENTIFICATION CARD OR DRIVER’S LICENSE. BIDDERS SHALL STATE THE DELIVERY DATE ON ALL ORDERS.

16.

INSPECTION: BIDDER WARRANTS THAT ALL DELIVERIES UNDER THIS RFQ WILL BE OF THE TYPE AND QUALITY SPECIFIED. CITY MAY REJECT OR REFUSE ANY DELIVERY WHICH FALLS BELOW THE QUALITY REQUIRED IN THE SPECIFICATIONS AND CITY SHALL NOT BE HELD TO HAVE ACCEPTED ANY DELIVERY UNTIL AFTER IT HAS MADE AN INSPECTION OF SAME AND HAS HAD AN OPPORTUNITY TO EXERCISE THIS RIGHT OF REJECTION.

17.

TRANSPORTATION CHARGES: BIDDER SHALL BE RESPONSIBLE FOR ALL CHARGES WHICH RELATE TO THE DELIVERY OF THE GOODS TO CITY’S PLACE OF BUSINESS AND FOR THE RETURN TO BIDDER OF ANY GOODS REJECTED AS BEING NONCONFORMING UNDER THE SPECIFICATIONS.

18.

MSDS: PROPOSERS MUST SUBMIT MATERIAL SAFETY DATA SHEETS WITH THE PROPOSAL FOR ANY HAZARDOUS CHEMICAL QUOTED OR SUPPLIED UNDER THIS RFQ.

19.

ASSIGNMENT: BIDDER SHALL NOT ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE A CONTRACT AWARDED UNDER THIS RFQ IN WHOLE OR IN PART WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CITY’S PURCHASING AGENT. ASSIGNMENT OF THE CONTRACT, IF APPROVED BY CITY, SHALL NOT RELIEVE BIDDER FROM BIDDER’S OBLIGATIONS UNDER THE CONTRACT. APPROVAL BY CITY OF ONE ASSIGNMENT SHALL NOT CONSTITUTE APPROVAL OF ANY FUTURE ASSIGNMENT OF THE CONTRACT.

20.

TERMINATION: CITY MAY TERMINATE A CONTRACT AWARDED UNDER THIS RFQ IN WHOLE OR IN PART FOR CAUSE OR CONVENIENCE BY GIVING TEN (10) DAYS WRITTEN NOTICE THEREOF TO BIDDER. CITY WILL COMPENSATE BIDDER IN ACCORDANCE WITH THE TERMS OF THE CONTRACT FOR ALL GOODS OR SERVICES PROPERLY DELIVERED AND ACCEPTED PRIOR TO THE EFFECTIVE DATE OF SUCH NOTICE.

21.

EQUAL EMPLOYMENT OPPORTUNITY CLAUSE: IF THE PROVISIONS OF CHAPTER 15B OF THE DALLAS CITY CODE ARE APPLICABLE TO THIS RFQ; ALL CONSTRUCTION CONTRACTS ENTERED INTO BY THE CITY INVOLVING THE EXPENDITURE OF MORE THAN $10,000 OF CITY FUNDS AND ALL COMPETITIVELY BID CONTRACTS FOR THE PROCUREMENT OF GOODS AND SERVICES INVOLVING AN EXPENDITURE OF MORE THAN $50,000 OF CITY FUNDS MUST INCORPORATE AN EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, WHICH READS AS FOLLOWS:

(1) THE CONTRACTOR SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, AGE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, OR NATIONAL ORIGIN. THE CONTRACTOR SHALL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT REGARD TO RACE, AGE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, OR NATIONAL ORIGIN. THIS ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

(A) EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER;

(B) RECRUITMENT OR RECRUITMENT ADVERTISING;

(C) LAYOFF OR TERMINATION;

(D) RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND

(E) SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP;

ANY PERSON WHO BELIEVES A CONTRACTOR HAS VIOLATED ITS OBLIGATIONS UNDER CHAPTER 15B SHOULD CONTACT THE CITY MANAGER, CITY OF DALLAS, 1500 MARILLA STREET, ROOM 4/E/NORTH, DALLAS, TEXAS 75201.

22.

“THE CITY OF DALLAS, IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, 78 STAT. 252, 42 U.S.C. 2000d TO 2000d-4 AND TITLE 49, CODE OF FEDERAL REGULATIONS, DEPARTMENT OF TRANSPORTATION, SUBTITLE A, OFFICE OF THE SECRETARY, PART 21, NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION ISSUED PURSUANT TO SUCH ACT, HEREBY NOTIFIES ALL BIDDERS THAT IT WILL AFFIRMATIVELY ENSURE THAT IN ANY CONTRACT ENTERED INTO PURSUANT TO THIS ADVERTISEMENT, MINORITY BUSINESS ENTERPRISES WILL BE AFFORDED FULL OPPORTUNITY TO SUBMIT BIDS IN RESPONSE TO THIS INVITATION AND WILL NOT BE DISCRIMINATED AGAINST ON THE GROUNDS OF RACE, COLOR, OR NATIONAL ORIGIN IN CONSIDERATION FOR AN AWARD.”

23.

CONTRACT: IN CASE OF A DISCREPANCY BETWEEN THIS RFQ AND THE FORMAL CONTRACT, THE FORMAL CONTRACT WILL CONTROL.

24.

ESCALATOR CLAUSE: UNLESS SPECIFICALLY REQUESTED IN THIS RFQ, THE SUBMISSION OF ESCALATOR CLAUSES, INDEXES, OR FACTORS WILL NULLIFY THE ASSOCIATED PROPOSAL.

25.

TAXES: CITY IS EXEMPT FROM ALL FEDERAL EXCISE TAXES AND STATE AND LOCAL SALES AND USE TAXES. PROPOSERS SHOULD THEREFORE NOT INCLUDE THESE TAXES IN THEIR SEALED PROPOSALS. PROPOSERS CONTRACTING WITH CITY CANNOT USE CITY’S TAX EXEMPTION STATUS AND NUMBER TO PURCHASE GOODS OR SERVICES RELATED TO THE CONTRACT. IF THIS RFCSP IS FOR CONSTRUCTION SERVICES OR FACILITY CONSTRUCTION, DISREGARD THIS CONDITION AND REFER TO THE APPLICABLE CONSTRUCTION SPECIFICATIONS.

26.

PAYMENT: INVOICES MUST BE SUBMITTED TO THE APPROPRIATE CITY BILLING ADDRESS WITH OR AFTER DELIVERY OF GOODS OR PERFORMANCE OF SERVICES. ALL CONDITIONS PREVIOUSLY STATED REGARDING INSPECTION AND DELIVERY MUST BE MET IN ORDER FOR PAYMENT TO BE MADE. NO CONTRACTOR OF THE CITY SHALL BE ENTITLED TO INTEREST ON ANY LATE PAYMENT CAUSED BY ANY CLAIM OR DISPUTE, OR AS A RESULT OF THE WITHHOLDING OF MONEY THE CITY HAS A LEGAL RIGHT OR OBLIGATION TO WITHHOLD UNDER THE CONTRACT OR STATE LAW.

27.

TAXPAYER IDENTIFICATION: A BIDDER THAT DOES NOT HAVE A CURRENT W-9 “REQUEST FOR TAXPAYER IDENTIFICATION AND CERTIFICATION” FORM ON FILE WITH CITY WILL BE REQUIRED TO PROVIDE SUCH PRIOR TO AWARD OF ANY CITY CONTRACT.

28.

DISQUALIFICATION OF BIDDER: BIDDERS MAY BE DISQUALIFIED AND THEIR BIDS NOT CONSIDERED FOR ANY OF THE FOLLOWING REASONS:

COLLUSION AMONG BIDDERS AND NON-BIDDERS BY ENGAGING IN, COLLUSION, CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER BIDDER, NON-BIDDER OR COMPETITOR, INCLUDING A SUBSIDIARY OR RELATED COMPANY OF BIDDER UNDER COMMON OWNERSHIP WITH BIDDER, FOR THE PURPOSES OF RESTRICTING COMPETITION, PREVENTING A BID OR FOR THE SAKE OF APPEARANCE THAT SEVERAL OTHER PARTIES ALSO PRESENT A BID.

BIDDER’S HISTORY OF FILING FREQUENT, EXCESSIVE, AND MERITLESS OR FRAUDULENT CLAIMS AGAINST THE CITY, OR AGAINST OTHER CONTRACTORS ON A CITY PROJECT

BIDDER’S ARREARAGE OR DEFAULT ON AN EXISTING OR PREVIOUS CONTRACT WITH THE CITY

BIDDER’S LACK OF FINANCIAL STABILITY AS REVEALED BY FINANCIAL STATEMENT, EXPERIENCE OR EQUIPMENT, QUESTIONNAIRES, REFERENCES, BANKRUPTCY OR RELATED CONDITIONS

BIDDER’S PENDING PROJECTS WHICH, IN THE SOLE JUDGMENT OF CITY, WILL PREVENT OR HINDER THE PROMPT COMPLETION OF ADDITIONAL WORK IF AWARDED

ANY FACTORS CONCERNING THE BIDDER’S QUANTITY OR QUALITY OF THE WORK TO BE PERFORMED OR OTHER FACTORS AS DEEMED APPROPRIATE BY THIS RFCSP.

29.

CONTACT WITH CITY STAFF: DURING THE RFQ PROCESS, BIDDERS SHALL NOT CONTACT ANY CITY STAFF EXCEPT THOSE DESIGNATED IN THE TEXT OF THIS RFQ OR IN SUBSEQUENT ADDENDUMS OR CORRESPONDENCE. ANY QUESTIONS OR CONCERNS SHOULD BE SUBMITTED IN BONFIRE. NON-COMPLIANCE WITH THIS PROVISION MAY RESULT IN REJECTION OF THE SEALED PROPOSAL.

30.

OFFSET: CITY MAY, AT ITS OPTION, OFFSET ANY AMOUNTS DUE AND PAYABLE UNDER A CONTRACT AWARDED UNDER THIS RFCSP AGAINST ANY DEBT (INCLUDING TAXES) LAWFULLY DUE TO CITY FROM A VENDOR, REGARDLESS OF WHETHER THE AMOUNT DUE ARISES PURSUANT TO THE TERMS OF THE CONTRACT OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT THE DEBT DUE TO CITY HAS BEEN REDUCED TO JUDGMENT BY A COURT.

31.

MODIFICATIONS: THIS RFQ CAN ONLY BE MODIFIED OR REVISED BY WRITTEN ADDENDUM PREPARED BY CITY AND ISSUED OR DISTRIBUTED BY CITY’S OFFICE OF PROCUREMENT SERVICES DEPARTMENT. ORAL MODIFICATIONS SHALL NOT BE PERMITTED AND ARE NOT AUTHORIZED.

32.

COST OF PROPOSAL: CITY WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A BIDDER IN RESPONDING TO THIS RFQ.

33.

OUTSTANDING LIABILITIES: BIDDERS SHALL NOT HAVE OUTSTANDING, UNPAID LIABILITIES OWED TO CITY SUCH LIABILITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY TAXES, LOCAL OR ARENA HOTEL/MOTEL OCCUPANCY TAXES, LICENSES/PERMITS FEES AND UTILITY BILLS. ANY BIDDER THAT HAS SUCH LIABILITIES MAY BE DEEMED NON-RESPONSIBLE, AND THE SUBMITTED QUALIFICATIONS/PROPOSAL WILL NOT BE GIVEN FURTHER CONDSIDERATION UNLESS THE SUBMITTER CAN PROVIDE EVIDANCE WITHIN A RESONABLE TIME CONFIRMING THE LIABILITY HAS BEEN SATISFIED. THE CITY SHALL BE THE SOLE AUTHORITY DETERMINING THE LENGTH OF TIME PROVIDED TO EACH SUBMITTER. TIME CONSIDERATION MAY VARY ACCORDING BY PROJECT.

34.

Lobbying by bidders and proposers on city contracts. (dallas City code sec. 12a-15.8, subsection g) A person responding to a request for bids or request for proposals on a city contract shall not lobby a city council member either directly or indirectly (through a representative, employee, or agent) from the time the advertisement or public notification of the request for bids or request for proposals is made until the time the contract is awarded by the city council. This subsection does not prohibit a bidder or proposer from speaking at the city council meeting where the award of the contract is considered. (Ord. 27748)

35.

BIDDER’S ACKNOWLEDGEMENT OF PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL EFFECTIVE SEPTEMBER 1, 2017, BIDDER ACKNOWLEDGES, IN ACCORDANCE WITH CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE, THAT BIDDER DOES NOT BOYCOTT ISRAEL AND WILL NOT BOYCOTT ISRAEL DURING THE TERM OF ANY CONTRACT WITH THE CITY OF DALLAS TO PROVIDE GOODS AND SERVICES TO THE CITY. BIDDER FURTHER ACKNOWLEDGES THAT THIS PROVISION IS HEREBY INCORPORATED BY REFERENCE, AS IF WRITTEN WORD FOR WORD, INTO ANY SUBSEQUENT CONTRACT ENTERED INTO BETWEEN CITY AND BIDDER FOR GOODS AND SERVICES.

36. BIDDER’S ACKNOWLEDGEMENT OF PROHIBITION ON CONTRACTS WITH FOREIGN TERRORIST ORGANIZATIONS

EFFECTIVE SEPTEMBER 1, 2017, BIDDER ACKNOWLEDGES, IN ACCORDANCE WITH CHAPTER 2252 OF THE TEXAS GOVERNMENT CODE, THAT (A) BIDDER DOES NOT ENGAGE IN BUSINESS WITH IRAN, SUDAN OR ANY FOREIGN TERRORIST ORGANIZATION AND (B) BIDDER IS NOT LISTED BY THE TEXAS COMPTROLLER AS A TERRORIST ORGANIZATION AS DEFINED BY CHAPTER 2252 OF THE TEXAS GOVERNMENT CODE. BIDDER FURTHER ACKNOWLEDGES THAT THIS PROVISION IS HEREBY INCORPORATED BY REFERENCE, AS IF WRITTEN WORD FOR WORD, INTO ANY SUBSEQUENT CONTRACT ENTERED INTO BETWEEN CITY AND BIDDER FOR (1) PROFESSIONAL OR CONSULTING SERVICES SUBJECT TO THE PROFESSIONAL SERVICES ACT - CHAPTER 2254 OF THE TEXAS GOVERNMENT CODE, (2) GENERAL CONSTRUCTION, (3) AN IMPROVEMENT, (4) A SERVICE, (5) A PUBLIC WORKS PROJECT, OR (5) FOR A PURCHASE OF SUPPLIES, MATERIALS OR EQUIPMENT.

BY SUBMITTING A RESPONSE AND SIGNING THE SIGNATURE PAGE, THE BIDDER ACKNOWLEDGES THE PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL AND THE PROHIBITION ON CONTRACTS WITH FOREIGN TERRORIST ORGANIZATIONS AND AGREES TO COMPLY WITH THESE PROHIBITIONS THROUGHOUT THE TERM OF RESULTING AGREEMENT.

Rev.3 07/20/22 Approved By: Capital Services Division Manager Page 1 of 7 Revised Statement of Qualification

DWU-FRM-170-CS

Rev. 3 07/20/22 Approved By: Capital Services Division Manager Page 2 of 7 Revised Statement of Qualification

DWU-FRM-170-CS