Aggregate Materials Specifications Revised.pdf

Aggregate Materials and Soil Products Document Number: OPS-PUB-100.PUR

Click or tap here to enter text. Version Number: 2026.03.01

City of Dallas

Request for Bid (RFB)

Aggregate Materials and Soil Products

BR27-00030443

Solicitation Contact:

Jalen Jones 214-670-5246 Jalen.Jones@dallas.gov

Date Issued: 9/1/2026

Pre- Bid Conferenc e Date & Time:

November 10,2026, 4:00 PM

Microsoft Teams Meeting:

https://teams.microsoft .com/meet/232825941 4989373?p=ExLqfsmxe 2PTu4YqWG

Question Due Date & Time:

11/13/2026

3:00 PM

Submissio n Due Date & Time:

12/3/2026 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

1.11 Local Preference

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2. Scope of Work

2.1 Overview

2.2 Specifications

2.3 Documentation Requirements

2.4 Communication Requirements

2.5 Commencement Date

2.6 General Order Requirements

2.7 Delivery Requirements

3. Submittal Requirements

3.1 Minimum Qualifications of Bidders

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award process

4.1 Award Method

4.2 Opening of Bids

4.3 Review for Responsiveness

4.4 Rejection or Acceptance of Bids

4.5 Late, Modified, or Withdrawn Bids

4.6 Disqualification of Bidders

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Firm Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

6.2 Equal Employment Opportunity/Nondiscrimination

6.3 Indemnity

6.4 Conflict of Interest

6.5 Certificate of Interested Parties (Form 1295)

6.6 Permits Required by Law

6.7 Confidentiality

7. Miscellaneous

8. Attachments

1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Bids to establish a 3 years with two one-year renewal options Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement for various aggregate materials, soil mixes, and related landscaping and construction materials to be purchased citywide. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Goods will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

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

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

1.3 Pre-Bid Meeting

During the solicitation process, Bidders are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre-Bid meeting will be held by the City where Bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-Bid meeting will be the only time when Bidders and requesting department(s) will communicate directly, all subsequent communication must be directed to the assigned Procurement Specialist.

All prospective Bidders are encouraged to attend.

1.4 Questions & Communications

All questions shall be submitted electronically through the City’s solicitation portal; the City will respond to all questions by way of an addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. It is the Bidder’s responsibility to obtain clarification on any information contained in this solicitation.

1.5 Unauthorized Communications

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

No officer, employee, agent, or representative of the Bidder shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com directly or indirectly seek to influence any City Council member, City staff, or City consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process.

1.6 Addenda

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

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

1.7 Solicitation Timeline

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

1.8 Cancellation

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

1.9 General Terms & Conditions

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

1.10 Bid Security

To be considered responsive, bids must be submitted electronically through the City’s solicitation portal by the due date and time indicated in the solicitation. All Bidders must scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their bid. Original document(s) for the bid security shall be required from the recommended Vendor(s) to be delivered to the City’s Purchasing Agent upon request.

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

1.11 Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

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

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

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

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

2. SCOPE OF WORK

2.1 Overview

The City of Dallas is seeking qualified Vendors to provide a wide range of aggregate materials, soil mixes, and related landscaping products, including, but not limited to, various grades of crushed stone, gravel, specialized soil blends, and recycled aggregated products. These materials are essential for various City construction, maintenance, and beautification projects, including infrastructure development, roadway repairs, landscaping, and other municipal applications. The scope includes but is not limited to various grades of crushed stone, gravel, specialized soil blends, and recycled aggregate products.

2.2 Specifications

The specifications contained in this section establish the minimum technical, performance, and quality requirements for all materials and services to be supplied under this contract.

These specifications are intended to ensure consistency, durability, and compliance with recognized industry standards and City of Dallas requirements. The Vendor must provide all materials in full accordance with these specifications and any referenced standards and shall be responsible for verifying that all delivered products meet or exceed the defined criteria. Failure to comply with these specifications may result in rejection, replacement, or other corrective actions as determined by the City.

Material Type Description / Purpose Key Specifications

Flexible Base (TxDOT Item 247)

Base material for roads and foundations

Meets TxDOT 247 Type A Grade 1-2;

moisture <5%; clean crushed stone/gravel/concrete.

Three-Inch Crushed Concrete

Coarse fill and stabilization Nominal size 3 in.; majority 2-3 in.;

<10% passing 1 in.; no metal or debris.

Concrete Riprap

Erosion and slope protection Recycled concrete; size ranges 6-9 in or 9-12 in.; no undersized or oversized pieces.

Recycled Asphalt Millings

Surface stabilization and shoulders

Free of contaminants; <1 in. size;

moisture <=8%; binder 3-6%;

graded uniformly.

Stone Riprap (TxDOT Item 432)

Drainage channels and culverts Durable natural stone; gravity >=2.40; MgSO4 loss <=18%; per Item 432.

Topsoil for Landscaping

Nutrient-rich planting soil Screened; organic matter 3–10%;

pH 6.0–7.5; uniform texture; free of contaminants; supports moisture retention and root development.

Topsoil, for Sod and Seeding

Grading, smoothing and preparing areas for sod or seeding

Screened; organic matter 2–6%; pH 6.0–7.8; moderate drainage;

compactable but not dense; free of rocks, clay clods, and debris.

1 ½ Inch River Rock

Drainage channels and culverts

ASTM C136; 100% passing 2 in.; >=95% passing 1.5 in.

2.2.1 General Material Requirements

All materials supplied under this contract shall fully comply with the requirements stated herein. All aggregates shall be clean, durable, and free of deleterious substances, including organic impurities, clay lumps, shale, friable particles, and excessive fines (material passing the 75-µm [No. 200] sieve) as defined and limited by ASTM C33/C33M.

Aggregates shall meet the following minimum performance requirements:

• Organic impurities shall not exceed 0.5 percent by weight when tested in accordance with ASTM C40 (or an approved equivalent).

• Magnesium sulfate soundness loss shall not exceed 15 percent after 5 cycles when tested in accordance with ASTM C88.

• Coarse aggregates shall have a minimum saturated surface dry bulk specific gravity of 2.40 and a maximum water absorption of 3.0 percent, as determined by ASTM C127.

2.2.2 Material Specific Requirements

2.2.2.1 Flexible Base (TxDOT Item 247)

Flexible Base shall comply fully with the requirements of TxDOT Standard Specifications, Item 247, for Type A, Grade 1–2 material unless otherwise directed by the City. The material shall consist of crushed stone, crushed gravel, or crushed concrete that is well-graded, durable, and suitable for load-bearing applications.

Flexible Base shall be free of organic matter, shale, clay lumps, deleterious substances, or any material harmful to performance. At the time of delivery, the material shall have a moisture content of less than five percent (5%) to prevent pumping, sloughing, or poor compaction.

The aggregate shall always exhibit uniform gradation, with no oversize particles, segregation, or contamination. Material shall show adequate plasticity and compressive strength as required by TxDOT Item 247, including compliance with liquid limit, plasticity index, and compressive strength requirements.

All Flexible Base delivered under this contract is subject to inspection by the City, and any load containing excess moisture, contamination, or out-of-specification gradation shall be rejected at the Vendor’s expense.

2.2.2.2 Crushed Concrete

Three-inch crushed concrete shall consist of sound, durable recycled concrete fragments processed to achieve a nominal maximum size of 3 inches. The material shall be free of contaminants including, but not limited to, exposed or protruding metal such as rebar or wire, asphalt, wood, plastic, excessive fines, or other deleterious matter.

Crushed concrete shall be produced from structurally intact concrete and shall not include materials weakened by rot, carbonation, or chemical deterioration.

The material shall exhibit a consistent gradation appropriate for use as a coarse aggregate, with the majority of particles between 2 inches and 3 inches in size, and no more than 10 percent passing the 1.5-inch sieve, unless otherwise approved by the City.

Oversized pieces greater than 3 inches in any dimension are prohibited. The material shall be processed to create reasonably angular particles that promote interlock and stability when placed and shall not contain excessively elongated or flat pieces.

All crushed concrete shall be visually inspected prior to delivery, and any load containing contaminants, excessive fines, or out-of-specification particle sizes shall be rejected at the Vendor’s expense.

2.2.2.3 Concrete Riprap

Concrete riprap shall consist of sound, durable recycled concrete pieces produced from clean, structurally intact concrete free of coatings, soil, asphalt, vegetation, metal, or other deleterious materials. All riprap shall be well-graded within the size range specified and shall not include fractured or crumbling pieces that reduce structural integrity.

Concrete riprap shall be furnished in uniform pieces with allowable nominal size ranges of either 6–9 inches or 9–12 inches, as designated by the City for each order. Oversized pieces larger than the maximum dimension of the selected range, as well as undersized fragments smaller than the minimum dimension, shall be prohibited. Material shall be reasonably cubical in shape to promote interlocking and stability when placed. No more than 10 percent of material can be smaller or larger than the allowable nominal size ranges stated above.

All concrete riprap shall be visually inspected prior to delivery to ensure compliance with size, cleanliness, and quality requirements, with no metal or fines, and any material found to be contaminated or outside the specified size range shall be rejected at the Vendor’s expense.

2.2.2.4 Recycled Asphalt Millings

Recycled asphalt millings shall consist of bituminous pavement material produced through a milling or crushing process and shall be free of contaminants such as metal, soil clods, clay balls, vegetation, wood, plastic, trash, or any other deleterious matter.

The material shall be uniformly graded, with no oversized pieces larger than 1 inch, and must not contain excessive fines or clumps; any agglomerated material shall be broken down prior to delivery. At the time of delivery, the moisture content shall not exceed 8 percent by weight, and the residual asphalt binder content shall generally fall between 3 and 6 percent unless otherwise approved by the City. The millings shall meet a consistent gradation of:

1. 100 percent passing the 1-inch sieve,

2. 90–100 percent passing the ¾-inch sieve,

3. 10-30 percent passing the No. 4 sieve, and

4. No more than 12 percent passing the No. 200 sieve.

The material shall provide a stable, compactable surface when placed, forming a uniform layer suitable for temporary surfacing, sub-base, or shoulder applications without excessive rutting or disintegration under normal traffic loads. The Vendor shall identify the source pavement, including milling location or project origin, upon request by the City.

2.2.2.5 TxDOT 432 Stone Riprap

Stone riprap shall consist of sound, durable natural stone that is resistant to weathering, abrasion, and degradation. The material shall be free from cracks, seams, friable zones, laminations, excessive moisture-directed fracturing, or any other defects that would reduce its stability or long-term performance. Stone shall exhibit- a minimum bulk specific gravity of 2.40 and a magnesium sulfate soundness loss not exceeding 18 percent after 5 cycles, consistent with current requirements.

All stone riprap shall conform to the gradation, nominal size, and weight distribution requirements of TxDOT Item 432, suitable for the designated application. Riprap shall consist of roughly angular, interlocking stones that provide stability under flowing water or erosive conditions. Flattened, elongated, or rounded stones shall be minimized to ensure proper interlock and resistance to displacement. Each load shall be uniform in size and quality; oversized pieces exceeding the specified nominal size, as well as undersized stones or fines that affect placement stability, are prohibited.

Stone riprap shall be free of soil, clay, organic material, vegetation, debris, or other deleterious substances. All delivered material shall be visually inspected by the City, and any load containing unsuitable material, contamination, or out-of-specification gradation shall be rejected at the Vendor’s expense. Riprap shall be handled and delivered in a manner that prevents degradation or breakage and shall maintain structural integrity throughout transport and placement.

Specialty Soil Products

2.2.2.6 Topsoil for Landscaping

Topsoil shall be a finely screened, nutrient-balanced soil blend suitable for planting beds, shrubs, perennials, and ornamental landscaping. Material must be free of contaminants including weeds, trash, debris, plastic, wood fragments, manure, or other deleterious matter.

Topsoil shall be screened to a maximum particle size of ½-inch and exhibit a uniform texture promoting proper aeration, moisture retention, and root development. Organic content shall range from 3% to 10% by weight, and the pH shall fall between 6.0 and 7.5 unless otherwise directed by the City. The material shall not contain excessive clay, sand, or uncomposed organic matter.

Moisture content at delivery shall allow for easy handling without clumping. All topsoil loads shall be visually inspected and subject to rejection for contamination, improper screening, out-of-specification pH, or inadequate organic content at the Vendor’s expense.

2.2.2.7 Topsoil for Sod and Seeding

Topsoil used for ground leveling shall be a clean, screened soil product blended to provide stable grading support for sod installation and grass seeding. The material shall be free of contaminants including rocks larger than ½-inch, clay clods, trash, weeds, plastic, or other deleterious substances.

The material shall provide moderate drainage characteristics, with adequate fines to support compaction and shaping while maintaining permeability for healthy turf establishment.

Organic matter shall range from 2% to 6% by weight, and the pH shall fall between 6.0 and 7.8.

Topsoil shall be uniformly mixed, free-flowing at the time of delivery, and exhibit no large clods or moisture-induced agglomeration. All delivered material shall be visually inspected by the City, and any load containing contamination, excessive clumping, or out-of-specification parameters shall be rejected at the Vendor’s expense.

2.2.2.8 1.5-inch River Rock

The supplied 1.5-inch river rock shall consist of durable, naturally rounded, washed stone sourced from river or stream deposits. The material must be clean and free of debris, clay lumps, organic matter, or any deleterious substances that could impact performance, appearance, or longevity. All stone must be thoroughly washed so that excess dust, sediment, or silt does not exceed one percent by weight. The river rock shall exhibit a uniform, naturally weathered appearance, with no flat, elongated, angular, painted, or artificially colored pieces allowed. Gradation must conform to ASTM C136, requiring that:

2.2.2.9 100 percent of the material pass the 2-inch sieve,

2.2.2.10 At least 95 percent pass the 1.5-inch sieve,

2.2.2.11 No more than 5 percent pass the 1-inch sieve, with no oversize particles or excessive fines outside these limits.

The material shall have a minimum bulk specific gravity of 2.40 on an SSD basis as determined by ASTM C127, with water absorption not exceeding 2.5 percent. When tested in accordance with ASTM C88 for soundness, the aggregate shall not exceed a 12 percent weighted loss after five cycles, ensuring durability under normal environmental exposure. The stone must also be free of contaminants such as trash, plastics, vegetation, shale, friable or soft rock, or any harmful substances, with deleterious materials not exceeding 0.5 percent by weight.

The supplier must provide documentation verifying compliance with all applicable ASTM requirements prior to delivery, and the contractor may be required to submit certified sieve analyses and specific gravity test results from an accredited laboratory. During transport, delivery, and on-site stockpiling, the material must be protected from contamination and segregation, and any load containing oversized pieces, excessive fines, or foreign materials will be rejected. The appearance and gradation of delivered material shall remain consistent throughout the project.

2.2.3 Other Requirements

2.2.3.1 Pre-Delivery Sampling

For all new material types, or for any initial order expected to exceed 500 tons, the Vendor shall submit a 25-lb representative composite sample taken directly from the production stockpile intended for City use, along with certified laboratory test reports upon City request. The City shall have five (5) business days from receipt of both sample and test data to complete its review and issue an approval or rejection.

2.2.3.2 Quality Control Plan (QCP)

The Vendor shall submit a comprehensive QCP detailing their internal inspection protocols, material testing frequencies, plant acceptance procedures, and corrective action workflows for nonconforming materials. The Vendor shall submit a QCP within 30 days of contract award. The City reserves the right to review and request modifications. The City may, at its discretion, delay or restrict deliveries until a satisfactory QCP is on file.

2.2.3.3 Inspection and Rejection

The City reserves the right to visually inspect and test all materials at the point of delivery or at the final placement site. Materials found to be nonconforming or contaminated shall be rejected immediately at the Vendor’s sole expense.

The Vendor shall remove all rejected material and replace it with fully conforming material within two (2) business days of written notification. All costs associated with the loading, hauling, disposal, and replacement of rejected materials shall be borne entirely by the Vendor.

If the Vendor fails to remove the rejected material within the specified timeframe, the City may arrange for its removal and disposal, deducting all associated costs from the Vendor's outstanding invoices.

2.2.3.4 Random Sampling

The City reserves the right to perform random sampling and independent testing of delivered materials at any time to verify full compliance with these specifications.

In the event of a dispute regarding test results between the City and the Vendor, an independent, AASHTO-accredited laboratory mutually agreed upon by both parties shall be retained to perform referee testing. The findings of the referee laboratory shall be final and binding. The cost of the referee testing shall be paid entirely by the party whose laboratory test results are refuted.

2.2.3.5 Storage Requirements

Vendors shall store all materials prior to delivery in a manner that prevents contamination, minimizes moisture intrusion, and eliminates material segregation. Stockpiles shall be maintained on clean, hard surfaces or well-drained stabilizing bases to prevent the incorporation of soil or underlying foreign matter.

2.2.3.6 Packaging Requirements

All bagged products shall be delivered in intact, durable, weather-resistant packaging. Each package shall be clearly and legibly labeled with the product name, net weight, manufacturer or supplier information, batch or lot number, and all relevant safety warnings or handling instructions.

2.3 Documentation Requirements

A certified delivery ticket, including a certified scale weight certificate, shall accompany each load.

A Certificate of Analysis (COA) or certified laboratory test report verifying compliance with all technical requirements specified herein shall accompany the initial delivery and shall be provided within 2 business days upon subsequent request by the City. Failure to provide required documentation shall be grounds for immediate rejection of the delivery at the Vendor’s expense.

2.4 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within one (1) business day.

The awarded Contractor shall respond to phone calls from the City within two (2) business hours of receipt.

To support uninterrupted emergency operations, the Vendor shall provide and maintain continuously updated after-hours contact information, including primary and secondary emergency contact names and phone numbers. The Vendor shall ensure that authorized personnel with decision-making and asset-deployment authority are reachable 24/7/365.

2.5 Commencement Date

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

2.6 General Order Requirements

The City of Dallas will issue material orders to the Vendor on an as-needed basis throughout the term of the contract. Vendor shall maintain the production capacity, aggregate stockpiles, and logistical resources necessary to meet both standard and emergency order demands as directed by the City to satisfy the account without delay in delivery times.

All orders shall be fulfilled in strict accordance with the delivery timelines, documentation requirements, and performance standards outlined in this specification.

2.6.1 Standard Order Acknowledgement

Upon receipt of an order, the Vendor is solely responsible for ensuring timely acknowledgment, accurate contract pricing, and full compliance with all requirements related to transportation, material quality, weight verification, and delivery procedures. The Vendor shall provide a formal electronic order acknowledgment to the placing City department within four (4) business hours of order issuance. This electronic acknowledgment must confirm the specific material types, line items, and requested quantities, while validating that the contract unit pricing aligns with the active price agreement. Furthermore, the acknowledgment must state a confirmed calendar date and approximate time window for final delivery and must detail in writing any immediate operational or logistical exceptions affecting fulfillments such as severe weather alerts, unexpected plant operational delays, or immediate stock limitations—for City consideration and approval.

2.6.2 Emergency Orders Requirements

2.6.2.1 Emergency Order Acknowledgement

The Vendor shall acknowledge all emergency orders within two (2) hours of receiving notification (via phone or email) from the City. The Vendor shall complete delivery of all emergency materials within 24 hours of initial notification, unless City-approved conditions prevent safe or reasonable delivery. This requirement applies 24 hours a day, seven (7) days a week, including weekends, evenings, and City-recognized holidays, unless an alternate staggered schedule is approved by the City in writing.

2.6.2.2 Emergency Conditions Defined

Emergency deliveries are defined as materials required in direct response to events creating immediate operational needs or threatening public safety. These include, but are not limited to: severe weather events (tornadoes, severe storms, flash flooding); infrastructure failures (water or wastewater main breaks, roadway collapse, utility failures); hazardous material incidents; or any unexpected event that disrupts normal City operations or endangers public welfare.

2.7 Delivery Requirements

All material shall be delivered in clean, secure vehicles that prevent contamination, material loss, or structural segregation during transit. Aggregates delivered in bulk shall be securely tarped as required by local regulations or when environmental conditions threaten material quality. The transport of all materials must follow all requirements as established by TxDOT for the type of material being transported.

The Vendor shall deliver all standard orders to City-designated locations within three (3) working days from the date and time of initial order placement, unless otherwise agreed in writing.

3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Bidders

Bids will only be considered from Bidders who have been established in the business of providing various aggregate materials, soil mixes, and related landscaping and construction materials for a minimum of three (3) years. If requested, Bidders shall provide a minimum of three (3) of reference and/or other documentation demonstrating authorization from the manufacturer. Bids shall be accepted from authorized distributors for the requested Goods.

If during the term of the agreement the awarded Vendor loses authorization the City reserves the right to obtain the Goods from another source.

3.2 Bid Submission Documents

Bidders must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form CIQ Local Preference Affidavit OPS-31 Living Wage Affidavit OPS-3 SBE Affidavit BEH-FRM-602.SAW Schedule of Work and Actual Payment BEH-FRM-603.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Good Faith Effort Documentation Form (if applicable)

BEH-FRM-607.SAW

Prime Self-Performance Declaration (if applicable)

BEH-FRM-609.SAW

Subcontractor Intent Form BEH-FRM-610.SAW Any other City Documents as Required

3.3 Development Costs

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

3.4 Cooperative Purchasing

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

4. EVALUATION & AWARD PROCESS

4.1 Award Method

The City’s intent is to award this solicitation to the lowest responsible bidder by line, but the City reserves the right to award in the method that is most advantageous to the City.

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

There shall be three suppliers awarded: primary, secondary, and tertiary. The most advantageous Bidder shall be considered the primary supplier; if the primary cannot meet the needs specified in the scope of work, then the City has the right to reassign the order to the secondary supplier; if the secondary supplier cannot meet the deadlines specified in the scope of work, then the City has the right to reassign the order to the tertiary supplier. The City reserves the right to start the next order following a reassigned order with the primary supplier, despite any previous work having been reassigned to the secondary or tertiary supplier.

4.1.1 Subcontractors

At commencement of the contract, the awarded agency shall provide a list of subcontractors the Contractor plans to use and will provide Director with updates to this list upon issuance of any and all notices to proceed.

If subcontractors are participating in this agreement, the subcontractors must meet all the qualifications and requirements of these specifications. The primary Contractor is responsible for any work done by the subcontractor. If the City deems the subcontractor’s work unsatisfactory, the primary Contractor will have 30 days to replace said subcontractor.

4.2 Opening of Bids

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

4.3 Review for Responsiveness

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

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

4.4 Rejection or Acceptance of Bids

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

4.5 Late, Modified, or Withdrawn Bids

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

4.6 Disqualification of Bidders

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

4.6.1 Reason to believe collusion exists among the Bidders.

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

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

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for an initial term of three (3) years with two (2) one-year renewal options. The City reserves the right not to offer an extension.

5.2 Delivery Orders

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

5.3 Contract Type

This Contract is an Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement contract. An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in no payment. The purpose of this Contract is to establish firm pricing; and the estimated quantities are not a guarantee; the quantities ordered may be more or less than estimated. The estimated quantities are based upon historical usage and anticipated needs.

Delivery Orders will be issued on an as needed basis according to annual budget appropriations.

5.4 Contract Amount

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

5.5 Firm Pricing

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

This agreement is all-inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, delivery, including insurance, and all other direct costs. Costs not included or calculated in the Bidder’s response will not be paid by the City, regardless of the intentions of the Bidder when the bid was submitted and regardless of whether those costs were actually incurred.

Prices established under this Agreement shall remain firm throughout the initial contract term. However, at the time of contract renewal, the Contractor may request a price adjustment to account for documented increases in direct costs such as materials, freight, or insurance. Any such request must be submitted in writing at least 60 days prior to renewal and must include objective supporting documentation demonstrating the increased costs.

Requested adjustments may not include additional profit or markup and must be applied only to the affected items. No price increase shall take effect unless and until it is reviewed and approved in writing by the City. The City reserves the right to approve, modify, or reject any requested adjustment. In the absence of written approval, the Contractor shall continue to perform under the existing pricing structure.

The City shall be responsible for applicable freight charges for returns. All other charges shall be incurred by the Contractor, and no additional charges will be allowed.

5.6 Records & Audits

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized in this Contract. These records shall be retained for a minimum of two (2) years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

5.7 Default by Contractor

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

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

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

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

5.7.4 Contractor fails to properly and timely pay Contractor personnel, supplies or other Contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified of such notice, the City may immediately cancel the Contract. At the discretion of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract. The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract. No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

5.8 Assignment of Contract

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

5.9 Termination

The City may terminate this agreement in whole or in part by giving thirty (30) days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

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

5.11 Invoicing

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

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Invoices for the Department of Sanitation Services shall be submitted monthly via email sent to SanitationAccountsPayable@dallas.gov.

Each invoice submitted for payment shall include, at a minimum, the following information:

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

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

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

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

5.11.6 Total cost of goods

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment.

Vendors who fail to follow these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 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.

mailto:SanitationAccountsPayable@dallas.gov

6.1.1 The SBE participation goal for this contract is 12.72%.

6.1.2 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.”

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

6.2 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.

6.3 Indemnity

The selected Bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Bidder and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

6.4 Conflict of Interest

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

No City official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the City mailto:businessenterprisehub@dallas.gov 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 thereby forfeit the City official’s or employee’s office or position with the City. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council.

The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the City Council in the case of other employees.

The prohibitions of this section shall not apply to the participation by City employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

This section does not apply to non-negotiated form contracts for general City services or benefits if the City services or benefits are made available to the City official or employee on the same terms that they are made available to the public. (f) This section does not apply to a nominee or member of a City board or commission, including a City appointee to the Dallas Area Rapid Transit Board. A nominee or member of a City board or commission, including a City appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and

9) 11H

6.5 Certificate of Interested Parties (Form 1295)

All Bidders recommended by City staff for a contract…