CIZ26-TPW-4002 - MLK Meadow Request For Bids RFB.pdf

SECTION A – REQUEST FOR BIDS (RFB)

GENERAL NOTES,

SPECIAL PROVISIONS

BID FORMS

CIZ26-TPW-4002 – Martin Luther King Jr Boulevard at Meadow Street (MCIP 30248) Intersection Improvements

Construction Project

DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

TRANSPORTATION OPERATIONS DIVISION

TABLE OF CONTENTS

2025 GENERAL TRAFFIC SIGNAL CONSTRUCTION PRICE AGREEMENT

CITY OF DALLAS

A.1 PROJECT DESCRIPTION

A.2 PLANS, SPECIFICATIONS, AND DETAILS

A.3 BID PRICES, AWARD AND SUBMISSIONS

A.4 LIQUIDATED DAMAGES

A.5 PRE-BID MEETING

A.6 QUALIFICATION OF BIDDERS

A.7 INVOICE AND BOND REQUIREMENTS

A.8 INSURANCE

A.9 WAGE RATES

A.10 EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

A.11 DEVELOPING REGIONAL & INCLUSIVE VENDOR ENTERPRISES (DRIVE) POLICY

A.12 SMALL BUSINESS ENTERPRISE (SBE) GOAL (27.22%)

A.13 DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

A.14 HAZARDOUS CHEMICALS AT THE JOB SITE

A.15 ENVIRONMENTAL POLICY

A.16 CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY

A 17 CONSTRUCTION STAKES

A.18 FORMS SECTION

A.1 PROJECT DESCRIPTION:

The intent of this project is to establish a service contract that will cover the construction of one signal reconstruction at Martin Luther King Jr Boulevard at Meadow Street and associated work as outlined in the approved plan set.

A.2 PLANS, SPECIFICATIONS, AND DETAILS:

Electronic copies of the Plans, Specifications and other details are available for download at City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com The plans will reference the specifications and requirements described herein. Standards used for this project consist of: TxDOT 2024 Specification Book, Department of Public Works Standard Construction Details, City of Dallas, 251D; City of Dallas 2020 General Traffic Signal Construction Specifications; City of Dallas Street Design Manual, September 2019, and other relevant design standards as identified in the plans.

Links to specs:

https://www.txdot.gov/content/dam/docs/specifications/2024/spec-book-0924.pdf https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx

A.3 BID PRICES, AWARD AND SUBMISSIONS:

Vendors shall submit a unit cost for each line item to be considered responsive. The prices bid shall be firm for the entire length of the service contract. Bid prices shall be all inclusive to include, but not limited to, shipping, handling, and labor of all products listed in this bid.

This bid will be awarded in its entirety to the lowest responsible and responsive bidder that meets the specifications as outlined in this Bid. Bid sheet shall be tabbed and shall be located behind the signature page. The successful bidder will be required to enter into the City’s contract similar to the sample contract provided. The contract will reflect the City’s standard terms and conditions and will be tailored to this procurement and completed by the City Attorney's Office. No contract is binding until it has been approved, as to form, by the City Attorney and executed by the City Manager.

To be considered responsive, all bid responses must be submitted electronically through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com by 1:00 p.m. (CST), Friday, August 7, 2026, and as indicated in the published solicitation. All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their cashier's check or acceptable Bidder's Bond, payable to the City of Dallas in an amount of not less than five percent (5.0%) of the total Bid submitted. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the https://dallascityhall.bonfirehub.com/ https://www.txdot.gov/content/dam/docs/specifications/2024/spec-book-0924.pdf https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx https://dallascityhall.com/departments/public-works/Pages/ConstructionStandards.aspx https://dallascityhall.bonfirehub.com/

TRANSPORTATION OPERATIONS DIVISION

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

All addenda and any additional applicable correspondence (general information, questions/responses) to this bid will be made available “exclusively” through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.comfor viewing/retrieval at. Contractors are solely responsible for frequently checking the website for updates to the solicitation.

Addenda to this solicitation can be located at the following City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com, and all Addenda must be signed as acknowledged and submitted with the Bid.

By the submission of a bid for this work, the Contractor shall evidence and warrant that he is capable and in agreement with performing this work within the allotted Working Days from the date specified in the Work Order.

A total of one hundred and sixty-five (165) Working Days are allowed for the

Project.

Working Day: A working day is defined as a calendar day not including Saturdays, Sundays, or legal holidays authorized in the list prepared by the OWNER for contract purposes, in which weather or other conditions not under the control of the CONTRACTOR shall permit the performance of the principal units of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 7:00 p.m. on weekdays. A principle unit of work shall be that unit which controls completion time of the contract. Nothing in this definition shall be construed as prohibiting the CONTRACTOR from working on Saturdays, if the CONTRACTOR so desires and permission of the OWNER has been granted. Work on Sundays shall not be permitted except in cases of extreme emergency and then only with the written permission of the OWNER. If Saturday or Sunday work is permitted, working time shall be charged on the same basis as weekdays. Where the working time is expressed as calendar days or a specific date, the concept of working days shall no longer be relevant to the contract.

If the CONTRACTOR is desirous of working on City of Dallas Holidays, the CONTRACTOR shall obtain written permission from the OWNER at least two calendar weeks prior to the holiday and the CONTRACTOR shall be responsible to pay overtime for inspections.

A.4 LIQUIDATED DAMAGES:

The time of completion is the essence of this Contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the Contract, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum of $500.00/per working day shall be deducted from the monies due the CONTRACTOR.

The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated

TRANSPORTATION OPERATIONS DIVISION

damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amount of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this Contract; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due.

In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages.

A.5 PRE-BID MEETING:

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A prebid meeting will be held by the City whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre‐bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Bidders may submit their questions electronically through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com. All questions shall be submitted electronically. The City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

There will be a Pre-Bid Meeting held at 11:30 a.m. (CST), Wednesday, July 22, 2026, virtually online. The Pre-Bid Meeting will be held online using Microsoft Teams and can be accessed using the following link:

Online meeting link:

https://teams.microsoft.com/meet/27743740500065?p=8z3vBNuR3MWBOiRwNO

Call-in Information (audio only): 1-469-217-7604;

Meeting ID 480 195 687#

Bidders are encouraged to attend the pre‐bid meeting to discuss any questions with

Department representative(s). This will be the only contact between the bidder and the Department during the bidding process. After the pre‐bid meeting, all correspondence shall go through Bonfire/Euna.

All Pre-bid questions must be received in writing through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com no later than 5:00 p.m. (CST) on Wednesday, July 29, 2026. The City will issue a Final Addendum no later than 5:00 p.m. (CST), Tuesday, August 4, 2026, to address questions.

https://teams.microsoft.com/meet/27743740500065?p=8z3vBNuR3MWBOiRwNO

TRANSPORTATION OPERATIONS DIVISION

If the bidder does not ask questions or clarify assumptions, the City will assume the bidder(s) agree(s) with, and understand(s), the City’s requirements.

If information of a significant nature comes out of this meeting, it will be incorporated into an addendum and will be posted online through the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com.

All Bids are due in Bonfire/Euna no later than 1:00 p.m. (CST), Friday, August 7, 2026, and will be opened by the City at 2:00 p.m. (CST), Friday, August 7, 2026. Bid Openings can be viewed on the City of Dallas Webcasting Website (https://dallastx.swagit.com/bid-purchasing).

A.6 QUALIFICATION OF BIDDERS:

Bidders shall have at least five (5) years of experience in the types of work included in these specifications. Bidders shall provide reference information if requested. The reference statement shall include a list of every State or municipal entity for which the bidder has provided these services within the past 18 months along with the date of contract award, the quantities installed, the date of contract completion, a discussion of any contract delays, discrepancies, and/or liquidated damages, and the name, address, email address, and phone number of an individual representing the client who is in a position to verify such experience.

A.7 INVOICE AND BOND REQUIREMENTS:

To be in compliance with these specifications, awarded Contractor shall have received a hard copy of a City of Dallas Delivery Order prior to providing specified service. Delivery Order shall show the department requesting the service, the first and last name of the City personnel requesting the service, the specific quantities of service, shall reflect the price(s) on the Contractor’s bid sheet, and shall show time period to be covered by the delivery order.

Each invoice submitted shall include the same delivery order number that authorized the purchase of service.

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

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

Invoices may be submitted to DDOT Accounts Payable (PBWFinance@dallas.gov) or mailed to Department of Transportation and Public Works, Transportation Operations, 1500 Marilla St, Rm L1BS, Dallas, TX 75201.

The successful bidder will be required to post Payment & Performance Bonds in the amount of 100% of the contract. The bidder shall absorb the cost of these bonds. All bonding documents shall reference the bid number and the title. Bonds shall remain in effect for the term of the contract.

A.8 INSURANCE:

SECTION A.

https://dallastx.swagit.com/bid-purchasing https://dallastx.swagit.com/bid-purchasing mailto:PBWFinance@dallas.gov

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CONTRACTOR shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to CITY. The insurance shall be evidenced by delivery to the CITY, at the address shown in SECTION C (a), certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. The CITY shall be named as an additional insured by endorsement to the policy and thus will be entitled to notice of cancellation of the policy in accordance with Section 1811 of the Texas Insurance Code. Upon request, the CITY shall be entitled to receive without expense, copies of the policies and all endorsements. CITY HAS NO

DUTY TO PAY CONTRACTOR UNTIL SUCH CERTIFICATE HAS BEEN DELIVERED TO THE

CITY.

SECTION B.

The CITY reserves the right to review the insurance requirements of this section during the effective period of the services or work performed by CONTRACTOR and to modify insurance coverages and their limits when deemed necessary and prudent by City's Office of Risk Management based upon changes in statutory law, court decisions or other relevant factors. The CONTRACTOR shall acquire and ensure execution of requests for deletions, revisions or modifications of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either CITY or CONTRACTOR).

SECTION C. REQUIRED PROVISIONS

The CONTRACTOR agrees, with respect to the required insurance as documented below, all certificate(s) of insurance will contain and state, in writing, the following required provisions:

• The certificate of insurance or policy and endorsements shall be evidenced by delivery to:

(i) Transportation & Public Works, Attention: Amber Ellis, 1500 Marilla St, Dallas, Texas 75201 and

(ii) Director, Office of Risk Management, 1500 Marilla, 6A-South, Dallas, Texas 75201.

• All certificates of insurance shall identify the service or product being provided, by including the bid number and contract or solicitation name.

• All certificates of insurance shall name the City of Dallas as the Certificate Holder.

SECTION D. INSURANCE COVERAGE REQUIRED

Subject to CONTRACTOR’S right to maintain reasonable deductibles, CONTRACTOR shall obtain and maintain in full force and effect for the duration of its engagement with the CITY and any extension hereof, at CONTRACTOR’S sole expense, insurance coverage in the following type(s) and amounts:

1. WORKERS’ COMPENSATION and EMPLOYERS’ LIABILITY

Workers’ Compensation within the regulations of the Texas Workers’ Compensation Act. The minimum policy limits for Employers Liability are: Bodily

Injury by Accident: $500,000 Each Accident Bodily Injury by Disease: $500,000 Each Employee Bodily Injury by Disease: $500,000 Policy Limit

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The policy shall include:

a) An endorsement to waive subrogation in favor of the City of Dallas, its officers, employees and elected representatives, for bodily injury (including death) or any other loss.

b) An endorsement to provide thirty (30) days prior written notice in the event of cancellation to the address as shown in Section C, a (i) and (ii), or in accordance with Section 1811.155 of the Texas Insurance Code, Notice of Cancellation in accordance with the Notice of Insured in the policy for cancellation due to non-payment of premium.

NOTES:

i. If CONTRACTOR will not be providing services under the contract at a City facility, has no employees and/or is operating as a sole owner and single operator, CONTRACTOR shall provide a signed letter, with the current date, on official letterhead stating such to meet the requirement.

ii. If CONTRACTOR is a non-subscriber or is self-insured, CONTRACTOR shall provide a copy of its Certificate of Authority to Self-Insure from the Texas Department of Insurance, Division of Workers’ Compensation Self Insurance Regulation Program, evidence of alternative coverage and internal safety and injury coverage policies and procedures.

2. BUSINESS AUTOMOBILE LIABILITY INSURANCE

Business Automobile Liability Insurance covering owned, hired, and non-owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage limit of $500,000 per occurrence.

The policy shall include:

a) An endorsement naming the City of Dallas and its officers, employees and elected representatives as additional insureds.

b) An endorsement to waive of subrogation in favor of the City of Dallas, its officers and employees, for bodily injury (including death), property damage or any other loss.

c) An endorsement to provide thirty (30) days prior written notice in the event of cancellation to the address as shown in Section C, a (i) and (ii), or in accordance with Section 1811.155 of the Texas Insurance Code, Notice of Cancellation in accordance with the Notice of Insured in the policy for cancellation due to non-payment of premium.

d) Provide that CONTRACTOR’S insurance is primary insurance as respects the CITY, its officers, employees and elected representatives.

NOTE:

i. If CONTRACTOR has no owned, hired and non-owned autos or vehicles and/or no autos or vehicles will not be used in the performance of services under the contract, CONTRACTOR shall provide a signed letter, with the current date, on official letterhead stating such to meet the requirement for owned autos.

3. COMMERCIAL GENERAL LIABILITY INSURANCE

Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, TRANSPORTATION OPERATIONS DIVISION

Independent Contractors and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, $2,000,000 products/completed operations aggregate, $2,000,000 general aggregate.

The policy shall include:

a) Coverage extended to apply to products/completed operations and XCU (explosion, collapse and underground) hazards.

b) An endorsement naming the City of Dallas, its officers, employees and elected representatives as additional insured using the broadest form of endorsement available, with such status extended to include the extension of the completed operations coverage as described above.

c) An endorsement to waive subrogation in favor of the City of Dallas, its officers and employees, for bodily injury (including death), property damage or any other loss.

d) Mobile equipment shall be included.

e) An endorsement to provide thirty (30) days prior written notice in the event of cancellation to the address as shown in Section C, a (i) and (ii), or in accordance with Section 1811.155 of the Texas Insurance Code, Notice of Cancellation in accordance with the Notice of Insured in the policy for cancellation due to non-payment of premium.

f) The policy shall include endorsement CG2503 Amendment of limits (designated project or premises) in order to extend the policy’s limits specifically to the project in question.

g) The Completed Operations coverage must be maintained for a minimum of one

(1) year after final completion and acceptance of the Work, with evidence of same filed with the City of Dallas.

h) Provide that CONTRACTOR’S insurance is primary insurance as respects the CITY, its officers, employees and elected representatives.

i) If this insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than twenty-four (24) months following completion of the contract and acceptance by the City. Coverage, including any renewals, shall have the same retroactive date as the original policy.

4. ALL RISK INSTALLATION FLOATER/BUILDER'S RISK INSURANCE

All Risk Builder's Risk Insurance, if the project involves complete construction of a new building, or All-Risk Installation Floater, if the project involves materials and supplies needed for additions to, or renovations or remodeling of an existing building. Coverage on either policy shall be All-risk, including, but not limited to, Fire, Extended Coverage, Vandalism and Malicious Mischief, Flood (if located in a flood zone) and Theft in an amount equal to one hundred percent (100%) of the guaranteed maximum price of the project in question for the Builder's Risk policy or one hundred percent of the insurable value of the Project for the Installation Floater policy.

The policy shall include materials delivered and labor performed for the project in question.

The policy shall be written jointly in the names of the City of Dallas, Contractor teams, subcontractors, and sub-subcontractors as their interests may appear.

The policy shall have endorsements as follows:

a) This insurance shall be specific as to coverage and not contributing insurance with

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any permanent insurance maintained on the property.

b) Loss, if any, shall be adjusted with and made payable to the City of Dallas as Trustee for the insureds as their interests may appear.

5. UMBRELLA OR EXCESS LIABILITY INSURANCE

Providing coverage following form of the primary liability coverages described in 1, 2, and 3 above, if Asbestos Abatement included, with minimum combined bodily injury (including death) and property damage limit of $2,000,000 per occurrence and $2,000,000 annual aggregate.

a) If the insurance described above is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than twenty-four

(24) months following completion of the contract and acceptance by the City.

Coverage, including any renewals, shall contain the same retroactive date as the original policy applicable to this contract.

SECTION E. SELF-INSURED RETENTION (SIR)

Contractor may satisfy all or part of the insurance requirements under the Contract by means of self-insurance so long as:

(a) the SIR is permitted under all laws applicable to Contractor at the time Contractor submits its bid or proposal;

(b) Contractor maintains a net worth (as shown by its financial statements audited in accordance with generally accepted accounting principles) of not less than One Hundred Million Dollars ($100,000,000);

(c) if the Contractor is using their balance sheet to back the SIR, the SIR cannot exceed 10% of their net worth;

(d) Contractor, not less than annually, provides the City an audited financial statement, prepared by an independent certified public accountant in accordance with generally accepted accounting principles consistently applied, showing the net worth requirements outlined herein; and

(e) the SIR provides for loss reserves that are actuarially derived in accordance with accepted standards of the insurance industry and accrued (i.e., charged against earnings) or otherwise funded.

Any self-insured exposure shall be deemed to be an insured risk under the Contract. The beneficiaries of such insurance shall be afforded no less insurance protection than if such self-insured portion was fully insured by an insurance company of the quality and caliber required hereunder (including, without limitation, the protection of a legal defense, by attorneys reasonably acceptable to beneficiaries, and the payment of claims within the same time period that a third party insurance carrier of the quality and caliber otherwise required hereunder would have paid such claims).

The waiver of subrogation provided for hereunder shall be applicable to any self-insured exposure. All SIRs must be acceptable to and approved in writing by the City prior to implementation and the insurance required under the Contract must be maintained in excess of such SIRs. Any and all deductibles and/or SIRs for the insurance policies described in this Exhibit shall be assumed by and for the account of Contractor or any Contractor’s subcontractors, as applicable, at its sole risk and expense.

SECTION F. SUBCONTRACTING LIABILITY

(1) Without limiting any of the other obligations or liabilities of the CONTRACTOR, the CONTRACTOR shall require each Subcontractor performing work under the contract, at the Subcontractor's own expense, to maintain during the engagement with the CITY, types and limits of insurance that are appropriate for the work being performed, comply with all applicable laws and are consistent with industry standards. The Subcontractor’s liability insurance shall name CONTRACTOR as an additional insured.

(2) CONTRACTOR shall obtain and monitor the certificates of insurance from each Subcontractor. CONTRACTOR must retain the certificates of insurance for the duration of the contract and shall have the responsibility of enforcing insurance requirements among its subcontractors. The CITY shall be entitled, upon request and without expense, to receive copies of these certificates.

SECTION G. CONTRACTOR LIABILITY

Approval, disapproval or failure to act by the CITY regarding any insurance supplied by CONTRACTOR or its subcontractors shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency nor denial of liability by the insurance company exonerate CONTRACTOR from liability.

SECTION H. INDEMNITY

CONTRACTOR 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 CONTRACTOR’S breach of any of the terms or provisions of its engagement with the CITY, or by any negligent or strictly liable act or omission of CONTRACTOR, its officers, agents, employees, or subcontractors, in CONTRACTOR’S performance under its engagement with the CITY; 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 CONTRACTOR and the 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.

A.9 WAGE RATES:

WAGE RATES: In accordance with Resolution No. 21-903 (effective October 1, 2021), the City requires that construction contracts adhere to the greater of the MIT Living Wage or the Davis-Bacon Prevailing Wage, including fringe benefits. This requirement applies to both public building construction and highway/heavy construction projects. Current Davis-Bacon rates are available on the U.S. Department of Labor website.

https://www.dol.gov/general/topic/wages/govtcontracts

A.10 EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION:

The selected Proposer 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.

All construction contracts entered into by the city involving the expenditure of more than

$10,000.00 of city funds and all competitively bid contracts for the procurement of goods and services involving an expenditure of more than $50,000.00 of city funds must incorporate an equal employment opportunity clause, which reads as follows:

1) The contractor shall not discriminate against any employee or applicant for employment because of race, color, age, religion, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, sex, political opinions or affiliations. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, age, color, religion, sex, sexual orientation, or national origin. This action shall include, but not be limited to, the following:

(A) employment, upgrading, demotion, or transfer;

(B) recruitment or recruitment advertising;

(C) layoff or termination;

(D) rates of pay or other forms of compensation; and

(E) selection for training, including apprenticeship.

2) The contractor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the city setting forth the provisions of the nondiscrimination clause described in Subsection (1) of this section.

3) The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor state that every qualified applicant will receive consideration for employment without regard to race, age, color, religion, sex, sexual orientation, or national origin.

4) The contractor shall furnish all information and reports required by the city manager and shall permit the city manager to investigate the contractor’s payrolls and personnel records that pertain to current contracts with the city for purposes of ascertaining compliance with this equal employment opportunity clause.

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5) The contractor shall file compliance reports with the city as may be required by the city manager. Compliance reports must:

(A) Be filed within the required time period.

(B) Contain information as to the employment practices, policies, programs, and statistics of the contractor.

(C) Be in the form that the city manager prescribes.

6) If the contractor fails to comply with this equal employment opportunity clause, it is agreed that the city, at its option, may do either or both of the following:

(A) Cancel, terminate, or suspend the contract in whole or in part.

(B) Declare the contractor ineligible for further city contracts until the contractor is determined to be in compliance.

7) Nothing in the equal opportunity clause requires that employee benefits be provided to an employee for the benefit of the employee’s domestic partner. (Ord. Nos. 14486; 20989;

24927; 30828)

Each bidder will be required to comply with Chapter 15B, "Equal Employment

Opportunity Contract Compliance", of the Dallas City Code, as amended.

A.11 DEVELOPING REGIONAL & INCLUSIVE VENDOR ENTERPRISES (DRIVE) POLICY:

See Independent Attachment Titled: DRIVE Policy, also linked here:

https://dallascityhall.com/departments/procurement/Documents/DRIVE%20Policy.pdf

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

A.12 SMALL BUSINESS ENTERPRISE (SBE) GOAL:

The SBE participation goal for this contract is 27.22%.

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 Proposer who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov. (See forms section at the end of this document and stand-alone exhibit titled “CIZ26-TPW-4002 - EXHIBIT A - City Forms”)

A.13 DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS:

https://dallascityhall.com/departments/procurement/Documents/DRIVE%20Policy.pdf mailto:businessenterprisehub@dallas.gov

I. In the interest of job safety and to protect the general public, other contractors and the Owner's employees from the consequences of accidents that are caused by worker abuse of controlled substances on City construction projects, the bidder certifies by submission of its bid that it will make a good faith effort to maintain a drug-free jobsite, and also certifies that to further this objective it will:

(a) Establish a controlled substance abuse program that will test for controlled substance use:

(1) Employees utilized by the bidder on this project in safety-sensitive positions; for purposes of this provision, a "safety-sensitive" position is a position performed at the jobsite which, if performed by a person impaired by the effects of a controlled substance, would or could: (i) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (ii) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question;

(2) Employees when there is a reasonable suspicion that an employee is using a controlled substance on the jobsite, or off the jobsite in a manner that affects jobsite performance;

(3) Employees as part of a voluntary drug testing program; or

(4) Employees as part of or as a follow-up to counseling for or rehabilitation from abuse of a controlled substance;

(b) establish a program that will test an employee utilized by the bidder on this project in a safety-sensitive position when there is a reasonable suspicion that the employee is impaired by the effects of alcohol on the jobsite; for purposes of this provision, a safety-sensitive position is a position performed at the jobsite which, if performed by a person impaired by the effects of alcohol, would or could: (1) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (2) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question.

(c) publish a statement notifying employees that the unlawful manufacture, distribution, selling, dispensing, possession or use of a controlled substance is prohibited on the jobsite and specifying the actions that will be taken against employees for violations of such prohibitions;

(d) establish a drug-free awareness program to inform employees about the dangers of drug abuse on the jobsite, about the bidder's policy regarding a drug-free jobsite, about available counseling and rehabilitation programs, and about the penalties that may be imposed upon employees for drug abuse violations occurring on the jobsite; and

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(e) provide a copy of the statement required by subsection (c) to all employees of the bidder who will be involved in performance of the Contract.

II. Employees who test positive for controlled substance use in one of the tests conducted pursuant to paragraph I.(a), or who are impaired by the effects of alcohol on the jobsite pursuant to paragraph I.(b), shall be considered unfit for purposes of Item 108.4 of the Standard Specifications for Public Works Construction, Dated 2004, as amended.

III. For purposes of Section I. above, the term "controlled substance" means a drug, substance or immediate precursor listed in Schedules I through V of Subchapter 2 or Penalty Groups 1 through 4 of Subchapter 4 of the Controlled Substances Act, Article 4476-15, Texas Revised Civil Statutes.

IV. The bidder shall be solely responsible for the maintenance and administration of the program required in Section I. above. Nothing in these provisions shall be construed on the Owner's part as authorizing, permitting or requiring the bidder to engage in conduct that is in violation of the United States or Texas constitutions, that is otherwise illegal or that otherwise constitutes an unreasonable or unlawful invasion of privacy under Texas or federal law.

A.14 HAZARDOUS CHEMICALS AT THE JOB SITE:

(a) For purposes of this Special Provision, the term "hazardous chemical" means any substance, whether in liquid, solid or gaseous form, that is defined or regulated as a toxic or hazardous substance under any State or Federal law or regulation. For general information purposes, lists of hazardous chemicals are provided in the following regulations or publications:

1. 29 CFR 1910.1000, Subpart Z, Toxic and Hazardous Substances (OSHA)

2. Threshold Limit Values for Chemical Substances and Physical Agents in the

Work Environment (ACGIH)

3. National Toxicology Program (NTP), Annual Report on Carcinogens

4. International Agency for Research on Cancer (IARC), Monographs

5. Regulated by OSHA as a Carcinogen

These lists should not be considered all-inclusive.

(b) The Contractor is solely responsible for the proper use, handling, storage and disposal of all hazardous chemicals in the course of performance of construction work. The Contractor shall fully comply with all applicable State and Federal laws and regulations relating to the use, handling, storage and disposal of hazardous chemicals. The Contractor must comply with the following protocol with respect to hazardous chemicals before commencement of and during construction:

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1. The Contractor shall submit a list of all hazardous chemicals to be used on the site to the City Construction Superintendent describing the intended usage.

2. The Contractor shall provide a written hazardous communication program to the

City in compliance with the OSHA Standard set out in 29 C.F.R. 1910.1200.

3. The Contractor shall label properly all hazardous chemicals used on the site with appropriate warnings.

4. The Contractor shall provide Material Safety Data Sheets (MSDS) on all hazardous chemicals to be used on the site, and duplicate copies of the MSDS shall be maintained by the Contractor at the job site for the duration of the project.

5. The Contractor shall train its employees in the information and implementation of the Written Hazardous Communication Program before the start of construction and before any new hazardous chemicals are introduced into the work site.

6. All State and Federal laws and regulations shall otherwise apply in the use, storage, handling and disposal of hazardous chemicals.

(c) CONTRACTOR EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE FOR THE

DETERMINATION AS TO WHETHER HAZARDOUS CHEMICALS SHALL ACTUALLY

BE USED ON THE PROJECT SITE, AND FOR ANY RESULT FROM THE USE,

HANDLING, STORAGE OR DISPOSAL OF HAZARDOUS CHEMICALS, AND SHALL

INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS THE OWNER, ITS

OFFICERS, AGENTS AND EMPLOYEES, AND THE ENGINEER AGAINST ANY AND

ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS OR

EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE

OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,

SUFFERED BY ANY PERSON OR PERSONS, OR FOR VIOLATIONS OF

APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS RELATING TO THE

HAZARDOUS CHEMICALS, AS THE RESULT OF THE USE, HANDLING, STORAGE

OR DISPOSAL OF THE HAZARDOUS CHEMICALS BY THE CONTRACTOR OR ANY

SUBCONTRACTOR OR THE FAILURE OF THE CONTRACTOR OR ANY

SUBCONTRACTOR TO COMPLY WITH THE TERMS OF THIS SPECIAL

PROVISION, REGARDLESS OF WHETHER SAID USE, HANDLING, STORAGE OR

DISPOSAL WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE

DAMAGE, INJURY OR VIOLATION WAS CONTRIBUTED TO IN ANY WAY BY THE

NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS OR

EMPLOYEES, OR THE ENGINEER. IN THE EVENT OF CONFLICT WITH ANY

OTHER INDEMNITY PARAGRAPH IN THIS CONTRACT, THIS PARAGRAPH

CONTROLS. THIS INDEMNITY PARAGRAPH IS INTENDED SOLELY FOR THE

BENEFIT OF THE PARTIES HERETO AND IS NOT INTENDED TO CREATE OR

GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON

OR ENTITY. THE CONTRACTOR SHALL FURNISH THE OWNER AND ENGINEER

WITH EVIDENCE OF INSURANCE SUFFICIENT TO COVER POSSIBLE DAMAGE

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OR INJURY, WHICH INSURANCE SHALL EITHER INCLUDE THE OWNER AND

ENGINEER AS ADDITIONAL INSUREDS OR BE OF SUCH CHARACTER AS TO

FULLY PROTECT THE OWNER AND ENGINEER.

A.15 ENVIRONMENTAL POLICY:

The City of Dallas is committed to environmental stewardship and compliance with all federal, state, and local environmental regulations. As a City Contractor, we expect your commitment to the same. The City of Dallas has resources to assist you in your environmental initiatives and concerns which can be found at https://dallascityhall.com/departments/OEQ/Pages/contractors.aspx.

City contractors/vendors shall review, sign, and submit the Environmental Record Affidavit (Form 24, Section A-17) to the Project Manager or appropriate City of Dallas staff before beginning work.

It is the contractor/vendor’s responsibility to communicate the environmental commitment outlined in this document to its affected employees and/or subcontractors associated with this work.

Green Purchasing

City contractors/vendors must recognize the importance of exercising positive environmental stewardship while purchasing products for use on City of Dallas contracts. Purchasing environmentally friendly products can reduce costs, minimize environmental legal requirements, decrease human health concerns, and minimize environmental impacts and risks. There are numerous products on the market today which reduce environmental impacts without additional cost. The Dallas City Council passed a resolution (04-1722) on May 26, 2004, affirming that the City will (1) purchase environmentally preferred products, whenever feasible and (2) require contractors and consultants to use recycled and other environmentally preferred products whenever feasible. For suggestions on product substitution, please contact your City of Dallas Project Manager, appropriate City of Dallas staff, or the Office of Environmental Quality.

Air Quality and Ozone

The City of Dallas is located in a non-attainment area for ozone. Emissions from vehicles and construction equipment exacerbate air quality issues in our region. Contractors may receive information regarding Air Pollution Watch and Warnings by signing up for email notification at www.tceq.state.tx.us. Your bid specifications may also require you to submit a Clean Air Plan to the City of Dallas for your activities. To every extent possible, Contractors and representatives should comply with the following:

a. Refuel vehicles after 3:00 p.m. or as late in the afternoon as possible. (The only exception to this policy is an emergency response vehicle which may be refueled as necessary to maintain readiness.) DO NOT top off your fuel tank.

https://dallascityhall.com/departments/OEQ/Pages/contractors.aspx

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b. Schedule meetings requiring vehicle trips after 10:00 a.m. or as late in the afternoon as possible.

c. Restrict the use of paints, solvents, cleaners, or other chemicals containing volatile organic compounds (VOCs) until after 10:00 a.m.

d. Encourage employees to use public transportation or carpool, when possible, to and from work.

e. Limit idling of all vehicles to less than five minutes. (Note: The City of Dallas passed an

“anti-idling” ordinance prohibiting motor vehicles weighing more than 14,000 pounds from idling over five minutes from April 1 – October 31 of any calendar year. City code pertaining to this ordinance can be referenced in Chapter 5A – 15 and Chapter 30 -1 of the Dallas City Code.)

Material Safety Data Sheets (MSDS) / Safety Data Sheets (SDS)

The MSDS (SDS) is used to relay important information concerning a chemical to its user or other interested parties, such as spill responders or fire fighters. MSDS / SDS must be available for review by employees during their work shift, and must be kept at the facility at all times while the chemical is in use or stored at that facility. MSDSs are readily available from the chemical manufacturers or suppliers and generally can be obtained through the manufacturer’s web site.

MSDS / SDS for chemicals used on the City’s property need to be provided to the City of Dallas Project Manager or appropriate City of Dallas staff before work can begin or before the chemical is brought onsite.

Effective on or by June 1, 2015:

- All SDS must be completed and shipped/sent to users with the 1st order shipped on or after June 1, 2015.

- Employers/users of chemicals review to ensure all SDS received on or after June 1, 2015, are in the new format.

Per OSHA, employers are not required to pursue getting new SDSs for products received before June 1, 2015; unless they are aware of changes to the hazards in the product. For older products, material safety data sheets for the products must be kept as long as chemical is onsite/used then archived as required.

Environmental Notices of Enforcement (NOE) and Notices of Violation (NOV)

The City must be notified of any NOEs or NOVs received in the last three years. Refer to Form 24, Section A-29, for instructions on submitting environmental law violation documents.

If a NOV or NOE is issued while doing City work, then the contractor should let their City of Dallas Project Manager or appropriate City of Dallas staff know within 24 hours.

Endangered Species

The Endangered Species Act is a regulation program established for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains the list of 632 endangered species (326 are plants) and 190 threatened species (78 are plants). If an endangered species or nesting birds are uncovered during construction, immediately stop work and notify your City Project Manager or appropriate City of Dallas staff.

Wetland Regulatory Authority

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects.

Section 404 requires a permit before any dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g.

certain farming and forestry activities). City of Dallas contractors are required to comply with Section 404 of the Clean Water Act and any associated permit requirements. If, during construction, a wetland is encountered, avoid the wetland and immediately notify your City Project Manager.

Three Commitments of the City of Dallas’ Environmental Policy

A. Compliance B. Continued Improvement C. Pollution Prevention

A.16 CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY:

See Item Number 303.3.6.COD: Cement Used on Public Projects - Sustainable Air Quality, as shown in the COD 2021 Addendum.

A.17 CONSTRUCTION STAKES

See COD 2021 Addendum

Contractor shall provide staking or other methods for laying out the work for the project.

Payment for the staking or layout shall be included in the payment for the appropriate bid items and no additional payment will be made.

A.18 FORMS SECTION (see stand-alone exhibit titled “CIZ26-TPW-4002 - EXHIBIT A - City Forms”):

This section contains forms referenced in the Special Provisions and EXHIBIT A – City Forms, which the bidder will need to complete and submit to the City. Additional forms may be https://dallascityhall.com/departments/public-works/DCH%20Documents/Public%20Works/pdf/NCT-StandardSpecifications_addendum5.pdf https://dallascityhall.com/departments/public-works/DCH%20Documents/Public%20Works/pdf/NCT-StandardSpecifications_addendum5.pdf

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necessary from time to time to implement the intent of the plans and specifications for a specific project. Any such forms will be issued as the need arises by the City.

PROPOSAL FORMS REQUIRED FOR BID SUBMISSION

(ALL HANDWRITING MUST BE NEAT AND LEGIBLE)

Contractor Must Submit with Completed Bid Tabs (Bid Tabs MUST be Signed):