IFB BID NO. 2026-006-7091

CONTRACT AND BID DOCUMENTS FOR

Chalk Hill Trail Phase 1 LIMITS: (from Ginger Avenue to the intersection of

Cockrell Hill Road and Illinois Avenue) District 4

Federal Aid Project CM 2Bxx (xxx)

TAPP 90155

TxDOT CSJ 0918-47-472

DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION

DALLAS COUNTY

AND

DALLAS, TEXAS

The seal appearing on this document was authorized by Abdullah Albrinji P.E.

. No. 150626 TX

AZB.

Firm Registration No. F-10098

10/1/2025

INSTRUCTIONS TO BIDDERS

PLEASE READ THE ENTIRE PACKAGE CAREFULLY

This page will need to be signed and returned with bid submission.

Electronic solicitation responses are to be submitted through a secure mailbox at www.bidnetdirect.com until the date and time as indicated in this solicitation document. Although electronic submissions are the preferred method of receiving solicitation responses from the vending community, respondents may at their discretion, in lieu of submitting their solicitation response electronically through bidnet direct, submit their solicitation response via hard copy to the Dallas County Purchasing Department, 500 Elm Street, 5th Floor, Suite 5500, Dallas, TX. It is the sole responsibility of the bidder to ensure their offer is complete and submitted in bidnet direct before the solicitation closing date and time. There is no cost to the bidder to submit a solicitation response in response to a Dallas County solicitation request via bidnet direct or to submit a hard copy response to Dallas County. Electronic solicitation submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files.

For information concerning technical specifications please utilize the question/answer feature provided by bidnet direct at www.bidnetdirect.com within the solicitation. Questions of a material nature must be received prior to the question due date and time specified in the solicitation. Material changes, if any, to the solicitation terms, scope of services, or procedures will only be transmitted by written addendum. See addendum section of www.bidnetdirect.com. Pre-bid conferences will be held through Microsoft TEAMS (see pre-bid section for date and times for joining the pre-bid conference).

Please allow ample time to complete the online forms and upload of all solicitation documents. The deadline for submitting information and documents will end at the closing date and time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (confirm) and recorded into bidnet direct before the due date and time. If submissions are not completed before the due date and time, bidnet direct will not allow the bidder to complete the submission. Any solicitation responses not submitted, electronic or hardcopy, before the due date and time shall be considered late and will not be accepted.

This bid has federal funds which requires all contractors to be registered in SAM.gov. database in order to verify debarment (https://www.sam.gov/portal/public/SAM/).

Please note the following:

No part of bid will be submitted via EMAIL and/or FAX. No variation in price or conditions shall be permitted; the official solicitation response submittal shall be considered the bidnet direct submittal, or if the bidder elected to submit a hard copy in lieu of an electronic submission, the original hard copy shall be considered the official solicitation response. If the bidder submitted their response via bidnet direct and in hard copy, the bidnet direct submittal will prevail. Submission in response to a Dallas County solicitation request will be considered evidence that the bidder/proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required.

Dallas County is not responsible for and accepts no liability for any technical issues that result from conducting business electronically.

Solicitation responses must be received BY 2:00 P.M. ON THE ABOVE "OPENING/DUE DATE." Bids received at 2:01 p.m. and thereafter are late bids and will not be accepted, opened, nor considered. Bids may be withdrawn at any time prior to the official opening date and time. After the official opening, bidder solicitation responses may not be amended, altered, or withdrawn without the written consent of the purchasing agent.

Dallas County is exempt from federal excise and state sales tax; therefore, tax must not be included.

The undersigned agrees, if this solicitation response is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this offer will be 120 calendar days.

Dalas County reserves the right to accept or reject in part or in whole any solicitation responses submitted. The Commissioners Court will consider for award the recommended contract to the responsible bidder(s) who submits the lowest and responsible bid or most advantageous

INVITATION FOR BID FOR Contract for Trail and Preserve Program No. TAPP 90155

Chalk Hill Trail Phase 1 CSJ: 0918-47-472

SOLICITATION NO.: 2026-006-7091 OPENING/DUE DATE:

January 15, 2026

TIME:

2:00 p.m. (CST)

FOR FURTHER INFORMATION CALL:

PURCHASING CONTACT:

Marina Valley

AT: 214.653.7618

Marina.Valley@dallascounty.org

PRE-BID CONFERENCE

DATE, TIME & LOCATION:

December 11, 2025 & December 18, 2025 @ 2:00 p.m.

Purchasing Department, Microsoft TEAMS; Must Register bid as determined by the Commissioners Court. The Commissioners Court reserves the right to determine compliance and to waive technicalities or irregularities and to make the award in the best interest of Dallas County.

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this offer as to prices, terms or conditions of said offer have not been communicated by the undersigned nor by any employee or agent to any other bidder or to any other person(s) engaged in this type of business prior to the official opening of this solicitation. And further, that the manager, secretary or other agent or officer signing this offer is not and has not been for the past six months directly or indirectly concerned in any pool or agreement or combination to control the price of supplies, services or equipment responding to, or to influence any person to respond, or not, to this solicitation

This page will need to be signed and returned with bid submission.

**NAME AND ADDRESS OF COMPANY/BIDDER: ALL BIDS MUST BE SIGNED PRIOR TO AWARD

Company/Firm Name (PRINTED): Name (PRINTED):

Mailing Address: Title:

Signature:

City/ State: ZIP: E-Mail Address:

Telephone Number: Fax Number:

** Legal Name, Address and Tax Payer ID number: Bidders are to submit the company’s “Legal Name” as identified by their Federal Tax Certification certificate. Bidders are to complete the Federal Form “W-9" for verification and filing purposes. Dallas County reserves the right to withhold any invoices and/or payments, without penalties, for documents submitted under a different name/billing address than that identified on the solicitation document/award court order or contract.

Bid Doc No. 00 Rev 3

Bid Doc No. 00.1 Rev. 2

BID NO: 2026-006-7091

CHALK HILL TRAIL PHASE 1 – TAPP 90155

From Ginger Avenue to the intersection of Cockrell Hill Road and Illinois Avenue Dallas County and City of Dallas Texas

Bidders Review Checklist Documents to be returned with bid submission

Electronic submission is the preferred method to receive vendor responses.

If a vendor does not have the means to submit an electronic response, the County requires three (3) hardcopies and one (1) electronic version be submitted, as found in Section A:

Notice to Contractors, Bid Doc No. 05.

Original (copy of all documents Pages 1-535) in a sealed envelope marked “ORIGINAL Bid No. 2025-006-7091 for Chalk Hill Trail Phase 1 Project No.

90155”

Copy 1 (Sections A – L, Pages 1 – 55) in a sealed envelope marked “COPY 1 Bid No. 2026-006-7091for Chalk Hill Trail Phase 1 Project No. 90155”

Copy 2 (Sections A – L, Pages 1 – 55) in a sealed envelope marked “COPY 2 Bid No. 2026-06-7091 for Chalk Hill Trail Phase 1 Project No. 90155”

Electronic version of all documents Pages 1-535 (e.g., flash drive)

Instructions to Bidders, Section A: Notice to Contractors. Bid Guaranty (certified check, cashier’s check, or bidder’s bond), in an amount equal to five percent (5%) of total bid amount, made payable to County of Dallas, Texas, Bid Doc No. 05

Section B: Invitation to Bid, Bid Doc No. 07

Section D: Title VI Assurance/Compliance, Bid Doc No. 18

Section E: Disclosure of Interested Parties (Form 1295), Bid Doc No. 20

Section F: Conflict of Interest (Form CIQ), Bid Doc No. 22

Section G: Texas Government Code Chapter 2271 Verification Form

Section H: Texas Government Code Chapter 2252 Certification Form

Section I: Insurance Requirement Affidavit, Bid Doc No. 24

Section J: W-9 Request for Taxpayer Identification Number & Certification (Form W9)

Bid Doc No. 00.1 Rev. 2

Section K: Bid Sheets, Bid Doc No. 09

Section L: Bid Summary Sheets, Bid Doc No. 11

Section T: State and Federal Requirements Forms

Submission Date: January 15, 2026 by 2:00 p.m.

Submission via BidSync is preferred. If vendor does not have the means to submit electronic then they will need to submit to the Purchasing Department, Attn: Marina Valley, Senior Contract Specialist, 500 Elm Street, Suite 5500, Dallas, TX 75202

Please duplicate the enclosed label and affix to the outside of your sealed submittal envelope/package or cut along the outer border and affix this label to the outside of the submittal envelope/package to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the response where requested.

SEALED BID •DO NOT OPEN

Title: Invitation for Bid Contract for Trail and Preserve Program (TAPP) No. 90155 CHALK HILL TRAIL PHASE 1 – TAPP No. 90155

(From Ginger Avenue to the intersection of Cockrell Hill Road and Illinois Avenue)

Solicitation Number: 2026-006-7091

Due Date and Time: January 15, 2026 @ 2:00 P.M.

Submitted By:

Company Name: __________________________________________________________

Contact Name: __________________________________________________________

Telephone Number: ___________________________________________________________

Contact and Delivery Information Contract

Attn: Marina Valley, Senior Contracts Specialist Marina.Valley@dallascounty.org

214-653-7618

Dallas County Purchasing Department Records Building

500 Elm Street, Suite 5500 Dallas, Texas 75202

Bid Doc No. 02 Rev 2

BID NO: 2026-006-7091

Chalk Hill Trail Phase 1– TAPP Project 90155

Contract for Trail and Preserve Program Dallas County and City of Dallas, Texas

Table of Contents Bid Documents

A. Notice to Contractors

B. Offer to Bid

C. Disadvantaged Business Enterprise

D. Title VI Assurance/Compliance

E. Disclosure of Interested Parties (HB1295)

F. Conflict of Interest (Form CIQ)

G. Texas Government Code Chapter 2271 Verification Form

H. Texas Government Code Chapter 2252 Certification Form

I. Insurance Requirement Affidavit

J. W-9 Request for Taxpayer Identification Number & Certification

K. Bid Sheets

L. Bid Summary Sheet

Contract Documents

M. Contract

N. Payment, Performance, and Maintenance/Warranty Bonds

Contract Specifications

O. Local Government General Requirements and Covenants

Item 1L: Abbreviations and Definitions Item 2L: Instructions to Bidders Item 3L: Award and Execution of Contract Item 4L: Scope of Work Item 5L: Control of Work Item 6L: Control of Materials Item 7L: Legal Relations and Responsibilities Item 8L: Prosecution and Progress Item 9L: Measurement and Payment

P. Engineer’s Certification

Q. Index of Governing Standard Specifications, Special Provisions, & Special Specifications 146

Special Provisions Texas Department of Transportation

Special Provisions Dallas County Special Provisions Dallas County to General Provisions and Regulations Special Specifications Dallas County

R. General Notes & Bid Item Notes

S. Special Provisions Federal-Aid Construction Contracts

FHWA-1273 – Required Contract Provisions TxDOT – Wage Rates TxDOT – Contractor’s Assurances TxDOT – Contractor’s Certification Not To Boycott Energy Companies TxDOT – Contractor’s Certification Not To Boycott Israel TxDOT – Certification Regarding Disclosure of Public Information TxDOT – Certification to Not Discriminate Against Firearm Entities TxDOT – Child Support Statement TxDOT – Prohibition on Certain Telecommunications Equipment or Services SP 000-001L – Nondiscrimination SP 000-002L – Certification of Nondiscrimination in Employment SP 000-007L – Cargo Preference Act Requirements in Federal Aid Contracts SP 000-018L – Schedule of Liquidated Damages SP 006-005L – Control of Materials SP 506-005L - Temporary Erosion, Sedimentation, and Environmental Controls

T. Special Provisions: State/Federal Requirements

U. Storm Water Pollution Prevention Plan

V. Geotechnical Report

W. Environmental Report

BID DOCUMENTS

SECTION A

NOTICE TO CONTRACTORS

Bid Doc No. 05 Rev 2

OTICE TO CONTRACTORS

FOR

DALLAS COUNTY TRAIL AND PRESERVE PROGRAM

Electronic solicitation responses are to be submitted through a secure mailbox at https://www.dallascounty.org/departments/purchasing/currentbids.php until the date and time as indicated in this solicitation document. Although electronic submissions are the preferred method of receiving solicitation responses from the vending community, respondents may at their discretion, in lieu of submitting their solicitation response electronically through bidnet direct, submit their solicitation response in hard copy to the Dallas County Purchasing Department, 500 Elm Street, Suite 5500, Dallas, TX 75202. It is the sole responsibility of the vendor to ensure their offer is complete and submitted in bidnet direct before the solicitation closing date and time. There is no cost to the vendor to submit a solicitation response in response to a Dallas County solicitation via bidnet direct or to submit a hard copy response to Dallas County. Electronic solicitation submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited.

All documents should be attached as separate files. Dallas County is not responsible for and accepts no liability for any technical issues that result from conducting business electronically. Solicitation responses must be received BY 2:00 P.M. ON January 15, 2026 "OPENING/DUE DATE," and bid reading shall be conducted at 2:30pm (CST) on the day the bids are due. The reading will be conducted via a live meeting online at (insert bid opening link here). Bids will be publicly opened in compliance with public bid opening statutory requirements. The Dallas County reserves the right to accept or reject any solicitation response submitted.

If a bidder does not have the means to submit an electronic response, the Dallas County requires the following copies of the bids:

a) one (1) original, clearly marked “ORIGINAL” (Pages 1 through 535),

b) two (2) other copies, each clearly marked “COPY” (Pages 1 through 55), and

c) one (1) electronic version (e.g., flash drive) shall be submitted in sealed envelopes marked “Bid No. 2026-006-7091 for Trail and Preserve Program Project No. 90155, Chalk Hill Trail Phase 1, City of Dallas and County of Dallas, Texas, District No. 4.” All bids received will be retained by Dallas County and will not be returned to bidders.

DESCRIPTION OF WORK TO BE DONE

The Chalk Hill Trail Phase 1 Trail and Preserve Program Project 90155 is located within a former Burlington Northern Santa Fe Railway right-of-way. The project limits extend from Ginger Avenue to the intersection of Cockrell Hill Road and Illinois Avenue. The trail will span approximately 0.88 miles in length. The scope of construction includes the installation of a 12-foot-wide concrete hike and bike trail pavement, with 3-foot-wide shoulders on each side. The project entails the construction of approximately 6,479 square yards of concrete trail pavement, three (3) drainage culverts, four (4) small storm sewers, drainage ditches, and approximately 3,956 cubic yards of earthwork.

Additionally, the project incorporates the installation of essential safety features, including railing, signage, and pavement markings, to enhance public accessibility and protection.

This Project, which was selected in the Trail and Preserve Program, will provide public transportation improvements to benefit the City of Dallas and Dallas County. There are 277 working days per standard workweek allocated for construction of all improvements.

PRE-BID CONFERENCE

Pre-bid conferences will be held virtually via Microsoft Teams on Thursday, December 11, 2025 and December 18, 2025 at 2 O’clock (2:00) p.m. (CST). Attendance is through Microsoft TEAMS. All bidders are to attend to discuss the requirements of this bid. It is the responsibility of each bidder to examine the entire bid package, seek clarification in writing, review the plans in detail, visit the Project site and review their bid for accuracy before submitting.

The Dallas County will not be bound by any information conveyed verbally during the pre-bid conference. Any verbal responses to questions during the pre-bid conferences are not binding on the Dallas County. All questions must be submitted in writing, and all responses will be provided in writing. Only responses to written questions that are published by the Dallas County Purchasing Department via bidnet direct will be official responses of the Dallas County. Any oral instructions or information concerning the bid given by Dallas County staff or personnel will not bind the Dallas County and should not be considered authoritative when assembling responses to the Invitation for Bid.

BID GUARANTY

Each bid submittal shall be accompanied by a certified check, cashier's check, or bidder's bond in an amount equal to five percent (5%) of the total bid amount, made payable without recourse to the County of Dallas, Texas.

COMMUNICATIONS REGARDING THE BID

All questions and inquiries regarding the bid must be submitted in writing to Marina Valley via bidnet direct at www.bidnetdirect.com. The deadlines for submission of questions relating to this bid are listed below. All questions submitted in writing prior to the deadlines will be compiled and written responses will be published. All addendums, questions, responses and answers will be posted and made available exclusively on the Dallas County’s binet direct website:

http://www.dallascounty.org/department/purchasing/currentbids.php. (Go to the appropriate Bid #, click on the appropriate hyperlink for viewing and/or downloading.)

Bidders are solely responsible for frequently checking the bidnet direct website for updates and changes to the bid. Questions about the bidnet direct website should be directed to Marina Valley:

Email: Marina.Valley@dallascounty.org Office: 214.653.7618 Mailing Address: 500 Elm Street, Suite 5500, Dallas, Texas 75202

Initial questions regarding this solicitation are to be submitted in writing via bidnet direct, by 10:00 AM (CST), Thursday, December 04, 2025. These questions will be addressed during the pre-bid conference.

Bidders will be required to submit in writing, any questions presented during the pre-bid conference and/or after the pre-bid conference. All questions must be received no later than 10:00 AM (CST), Friday, January 02, 2026.

All written questions received prior to the deadline will be compiled and answered in writing. Official answers to all written questions will constitute an amendment to this Invitation for Bid and will be posted exclusively on the bidnet direct website:

http://www.dallascounty.org/department/purchasing/currentbids.php.

Dallas County will not be bound by any information conveyed verbally. No oral statements or answers by any person, employee, unit, department, or organization shall be considered binding as a part of this Invitation for Bid nor as a part of any contract resulting therefrom. Any and all modifications, changes, addendums, or amendments that shall be considered official and binding will be in writing and published by Dallas County Purchasing Department via bidnet direct.

Dallas County reserves the right, as its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

It is the bidder’s responsibility to review and monitor Dallas County’s bidnet direct website on a regular basis during the solicitation process, through the closing date and time, for any updates, clarifications, amendments, addendums, and/or changes.

Dallas County’s bidnet direct website is the primary communication tool for any updates, clarifications, amendments, addendums, and/or changes regarding this bid.

For technical assistance in submitting Small Business Enterprise Forms, please contact the Office of Small Business Enterprises at the following: sbe@dallascounty.org.

Please reference the Bid/Solicitation Number (2026-006-7091), Company Name, Representative Name and email address on all written communication and correspondence to Dallas County.

SECTION B

OFFER TO BID

Bid Doc No. 07 Rev 2

DALLAS COUNTY ROAD AND BRIDGE CONSTRUCTION

BID IFB

2026-006-7091 TO

County Judge and Commissioners Court for Construction of Chalk Hill Trail Phase 1 Trail and Preserve Program Improvements 90155 located from Ginger Avenue at the intersection of Cockrell Hill Road and Illinois Avenue, in the City of Dallas and Dallas County, Texas.

The undersigned, as bidder(s), declare that:

1. The only persons or parties interested in this bid as principals are those herein named;

2. This bid is made without collusion with any other person, firm or corporation;

3. The bidder(s) has/have carefully examined the form of contract; instruction to bidders, profiles, grades, specifications, and the plans therein referred to;

4. The bidder(s) has/have carefully examined the location, conditions and classes of materials of the proposed work;

5. The bidder(s) will provide all necessary machinery, tools, apparatus, and other means of construction; and

6. The bidder will do all the work and furnish all materials called for in the contract and specifications, in the manner prescribed in the coract and according to the requirements of the engineer as set forth in the contract.

The bidder understands that Dallas County reserves the right to reject any and all bids.

The bidder understands that the quantities of work and materials set forth in Section K: Bid Sheets are only approximations, which are intended to serve as a guide in assembling the bids. The bidder further understands that the Project Engineer, in his/her professional opinion, may increase or decrease the quantities of work and materials required to complete the work as planned and contemplated. The bidder agrees that all quantities of work and materials, whether increased or decreased, shall be performed at the unit prices provided in the Bid Sheets, unless otherwise provided in the contract specifications.

NOTE: Unit prices must be provided on each item checked in the Bid Sheets, regardless of whether quantities are shown. If a bidder fails to provide a unit price for any item, the County reserves the right to to apply the lowest price submitted by other bidders for payment of work and/or materials under this bid, and the bidder agrees to be bound by such price.

The bidder agrees and pledges to complete the work in full in 277 working days per standard work week . Time will start within ten (10) days after receipt of a Work Order from the Director of Public Works or Project Engineer, authorizing the start of the work. The work shall be finally accepted when fully completed to the entire satisfaction of the Dallas County Commissioners Court.

Accompanying this bid is a bid guaranty in the form of a certified check, cashier’s check, or bidder's bond payable to the order of the County of Dallas for:

______________________________________________________________________ dollars, ($ ), which represents an amount equal to five percent (5%) of the total bid amount.

Bid Doc No. 07 Rev 1

If Dallas County accepts the bid of the undersigned, the undersigned agree(s) to enter into a contract with Dallas County in accordance with the terms of such bid (as set forth in Section M:

Contract), and further agrees to give a performance bond, payment bond, and warranty bond (as required in Section N: Payment, Performance, and Maintenance/Warranty Bonds) in the amount of ___________dollars, ($____________) to secure a proper compliance with the terms and provisions of this contract, as required in and given by the undersigned, and to insure and guarantee the work until final completion and acceptance, is hereto attached and made a part hereof.

If Dallas County accepts the bid and the bid guraranty is in the form of a check, the check will be returned to the bidder unless the bidder fails to execute the contract and/or fails to provide the bonds required under the contract within twenty (20) days of Dallas County’s acceptance. If such failure occurs, the bid guaranty check shall become property of Dallas County and considered payment for damages due to delay and other inconveniences suffered by Dallas County on account of the bidders's failure to perform.

The undersigned wishes to list additional work of a similar character completed by him:

Pursuant to Sec. 9.001 of the Texas Business Organization Code, non-Texas entities, including, but not limited to corporations, limited partnerships, and limited liability companies must have an application for registration filed with the Texas Secretary of State and shall provide to Dallas County a Certificate of Status issued by the Texas Secretary of State that serves as official evidence of the entity’s existence or authority to transact business in Texas.

To transact business with Dallas County, all entities must be in legal compliance pursuant to applicable laws, and shall provide to Dallas County evidence of said compliance.

Specify your firm’s Texas Secretary of State Filing Number, Jurisdiction, and Formation Date:

BIDDER: __________________________________

SIGNED:

BY:

TITLE:

COMPANY:

ADDRESS:

SECTION C

DISADVANTAGED BUSINESS ENTERPRISES

REQUIREMENTS

Control Project Highway County

918-47-472 2026-006-7091

VA

DALLAS

DISADVANTAGED BUSINESS ENTERPRISES

E f fect ive October 3 , 2025 , the U.S . Department of Transportat ion i s sued Inter im Final Rule (90 FR 47969) re lated to Disadvantaged Bus iness Enterpr ise (DBE) Program implementat ion modi f icat ions . Per the IFR, DBE program part ic ipat ion i s not required for Chalk Hi l l Trai l Phase 1 . Any reference to the DBE Program in the contract and b id documents for Chalk Hi l l Trai l Phase 1 i s not appl icable to the project .

SECTION D

TITLE VI ASSURANCE/COMPLIANCE

Bid Doc No. 18 Rev 1

DALLAS COUNTY, TEXAS

TITLE VI

TITLE VI ASSURANCES/COMPLIANCE POLICY

The County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair 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.

Pursuant to Title VI requirements, any entity or person that enters into a contract with Dallas County including, but not limited to prime contractors, sub-contractors, and sub-recipients, may not discriminate on the basis of race, color, national origin, age, sex, disability, or religion in their selection and retention of subcontractors (including consultants), in connection with any federally funded program or activity (including any program or activity undertaken/funded by a Dallas County Division/Department that receives federal funds).

This solicitation packet contains information concerning Dallas County’s Title VI Assurances/Compliance Policy (Appendix A) and bidders/contractor responsibilities.

TITLE VI ASSURANCES/COMPLIANCE - APPENDIX A

A. Assurances

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

B. Nondiscrimination Authorities

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).

C. Representations/Warranties

The Contractor also makes the following representations and warranties to Dallas County:

1. It has taken the steps necessary to effectuate Title VI requirements.

2. Disadvantaged business enterprises are afforded equal opportunity to submit bids/proposals as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color, sex, age, disability, religion, veteran status, or national origin in consideration of a selection or award.

3. Neither contractor or any subcontractors or sub-recipients that will participate in activities to be funded as a result of this contract/bid/solicitation, are listed on the debarred list due to violations of Title VI or VII of the Civil Rights Act of 1964, nor are any proposed parties to this contract, or any subcontract resulting therefrom, aware of any pending action which might result in such debarment or disqualification.

D. Title VI Complaints

Any person, contractor, or subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI will be notified of their right to file a formal complaint within one hundred eighty (180) days following the alleged discriminatory action or the date the person(s) became aware of the alleged act(s) of discrimination. Any such complaint must be filed in writing or in person with the Dallas County Title VI Coordinator:

Dallas County Human Resources c/o: Dallas County Director of Human Resources and Title VI Coordinator 500 Elm Street, Suite 4100, Records Building Dallas, TX 75202

(214) 653-7638 (phone)

(214) 653-7608 (fax)

A copy of Dallas County Title VI Non-Discrimination Plan and Documents, and complaint forms, may be obtained at http://www.dallascounty.org/department/HR/title_vi.html or at the address above.

A complainant may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to: U.S.

Department of Justice Civil Rights Division Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530. More information on Title VI is available from the Justice Department online at www.justice.gov.

Contractor shall comply with all reasonable requests made in the course of an investigation of Title VI and these assurances by Dallas County, the Texas Department of Transportation, the US Department of Transportation, the US Department of Justice, or any other federal or state agency. Failure to comply with such reasonable requests will be deemed a breach of this contract/bid/solicitation.

E. Enforcement

The contractor affirmatively acknowledges that it will be subject to Title VI, and implementing regulations, and any enforcement measures therein. In addition to any enforcement action by Dallas County, the contractor acknowledges that the United States and the State of Texas has a right to seek judicial enforcement with regard to any matter arising under Title VI, including the assurances herein.

Contractor's Full Name:

Signature, Authorized Representative of Contractor Date

Title

SECTION E

DISCLOSURE OF INTERESTED PARTIES

Bid Doc No. 20 Rev 2

DALLAS COUNTY, TEXAS

DISCLOSURE OF INTERESTED PARTIES

Effective January 1, 2016, Dallas County, must comply with the “Disclosure of Interested Parties, mandated by Texas HB 1295, as implemented by the Texas Ethics Commission. Briefly stated, all contracts requiring an action or vote by the governing body of the entity or agency before the contract may be signed (regardless of the dollar amount) or has a value of at least $1 million will require the on-line completion of Form 1295 "Certificate of Interested Parties," per Texas Government Code Statute §2252.908. Form 1295 is also required for any and all contract amendments, extensions, or renewals. A sample copy (for illustration purpose only) of a completed electronic form is provided with this solicitation. All business entities are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Step 1: Business entity completes Form 1295 in electronic format on the Texas Ethics Commission website (https://ethics.state.tx.us/filinginfo/1295/ ).

Step 2: Upon receipt of a completed Interested Parties Disclosure Form, the Texas Ethics Commission issues a Certification of Filing to the business entity and the business entity download(s), print(s), sign(s) and notarize(s) Form 1295. An authorized agent of the business entity will need to sign the printed copy of the form and have the form notarized.

Step 3: At the time of submission of the solicitation to Dallas County the business entity must submit the completed notarized Form 1295 with the Certification of Filing with their contract (i.e., bid, rfp, rfq, soq, etc.) to Dallas County. Upon receipt, Dallas County may proceed with the award and/or execution of the contract.

Step 4: Not later than the 30th day after the date the contract has been signed by all parties, Dallas County must notify the Texas Ethics Commission (in electronic format) of the receipt of (1) Form 1295 and (2) the Certification of Filing.

Step 5: Not later than the 7th business day after receipt of the above notice, the Texas Ethics Commission makes the disclosure available to the public by posting the disclosure on its website.

Definitions:

(a) “Contract” includes an amended, extended, or renewed contract.

(b)“Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

(c)“Controlling interest” means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

Bid Doc No. 20 Rev 2

(d)“Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity.

(e)“Intermediary,” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity.

To obtain additional information on HB 1295, to learn more about Texas Ethics Commission process to create a new account, or to complete an electronic version of Form 1295 for submission with a signed contract, please go to the following website https://ethics.state.tx.us/filinginfo/1295/ Instructional Videos for Business Entities on how to file online can be found at https://ethics.state.tx.us/filinginfo/1295/

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

Linette.Malloy Typewritten Text The Interested Parties Disclosure Form 1295 must be completed and filed electronically with the Texas Ethics Commission using the on-line filing application @ https://ethics.state.tx.us/filinginfo/1295/. Submit the form with solicitation response.

SECTION F

CONFLICT OF INTEREST

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.

Bid Doc No. 22 Rev 1

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…