RFQ-CIZ26-TPW-4006-Engineering-Svcs Cadiz Final.pdf

City of Dallas

Request for Qualifications (RFQ) Department of Transportation and Public Works (TPW)

CIZ26-TPW-4006

Engineering Services for the Union Pacific Railroad (UPRR) Cadiz St. Underpass (CSJ 0918-47-469)

(Step One of Two-Step RFQ/RFP) The RFQ packet may be obtained beginning Thursday, August 13, 2026, from the City of Dallas Euna site

(https://dallascityhall.bonfirehub.com).

http://www.dallascitynews.net/ https://dallascityhall.bonfirehub.com/ http://www.dallascitynews.net/�

SCOPE OF WORK (UPRR CADIZ ST. UNDERPASS)

CSJ 0918-47-469

I. INTRODUCTION, PURPOSE AND INTENT

The City of Dallas Department of Transportation and Public Works (TPW) (City) is seeking statements of qualifications (SOQ) from experienced civil engineering firms who can demonstrate the firm has the resources, experience, and qualifications to provide engineering services for the refinement of the preliminary planning document, environmental services complying with NEPA requirements and the development of a detailed plans, specifications, and estimates (PS&E) for the reconstruction of the Cadiz Street Union Pacific Railroad (UPRR) bridge and widening of a 3-lane divided roadway to a 4-lane roadway with bicycle and pedestrian improvements on Cadiz Street from West of Hotel Street to Botham Jean Boulevard. These services may include, but are not limited to, preparing roadway, retaining walls, bridge designs, hydrologic and hydraulic design, traffic engineering, operations and signal design, right-of-way mapping, water/wastewater design, utility adjustment coordination, subsurface utility engineering, utility engineering, survey, geotechnical data collection, traffic control plan, railroad coordination and if requested, value engineering study, and provision of construction phase services necessary to support the design process.

While the Request for Qualifications (RFQ) includes requirements for public outreach/environmental document and preliminary engineering/schematic, the city has already developed a schematic level planning document that may require minor refinement and is currently handling the public outreach but will require the development of the NEPA level environmental document. For the purpose of this RFQ, all preliminary engineering services are assumed to be required.

The detailed design will be based on the prepared interim schematic. This schematic is provided for preliminary interim review only and is available upon request. Limit one request per firm.

To request access, please email Amber Ellis at amber.ellis@dallas.gov to receive a link to the view-only document. All requests for access must be submitted by the deadline for questions, which is 5:00 PM CST on Monday, August 31, 2026.

A list of firms/individuals who request access to the interim schematic will be included in an addendum following the close of the question period.

This RFQ will allow the City to select engineer firms for specific professional engineering services based on qualifications consistent with Chapter 2254 of the Texas Government Code. The City will request proposals from the firm(s) it deems most qualified. SOQ shall address all services listed in this request for qualifications (RFQ), in accordance with the below definitions.

mailto:amber.ellis@dallas.gov

This procurement falls under the “Major Projects” category with federal funding. This RFQ is the first step in a two-step process for selecting firms for the provision of the listed categories in Section

II.

1. Step One: City of Dallas staff will analyze and evaluate the Statements of Qualification (SOQ). Based on the evaluation criteria established for each work category, a shortlist of candidates will be developed. The RFQ provides information necessary to prepare and submit qualifications for consideration and ranking by the City.

2. Step Two: In this second step, based on the SOQ ranking results, the City will select the appropriate number of top ranked firms to respond to the RFP. Respondents may be asked to submit additional information for clarification and amplification of their SOQ. The selection committee may interview the respondents and will rank the firms.

After the second step, TPW will then ask for cost proposals from the highest ranked firm and then begin contract negotiations. If negotiations cannot be reached with the highest ranked firm, then the City can begin contract negotiations with the 2nd highest ranking firm.

NOTES:

1) THIS IS A FEDERAL PROCUREMENT SUBJECT TO FEDERAL

PROCUREMENT REQUIREMENTS AS PER APPLICABLE FEDERAL AND

STATE PROCUREMENT RULES. (NOTE: All DBE certification-related activities are halted until further notice. Link to DBE Interim Final Rule Update:

https://www.txdot.gov/business/disadvantaged-small-business-enterprise/additional-details-on-dbe-interim-final-ruling.html)

2) PROJECT PLAN DEVELOPMENT INCLUDING THE PREPARATION OF

SCHEMATIC, ENVIRONMENTAL DOCUMENTS AND PLANS,

SPECIFICATION AND ESTIMATES MUST COMPLY WITH APPLICABLE

TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) REQUIREMENTS

AND STANDARDS, IN PATICULAR FOR THE ON-SYSTEM PORTION OF

THIS PROCUREMENT, IF APPLICABLE, IN ADDITION FOR FULL

COMPLIANCE WITH UPRR/DART REQUIREMENTS, AS APPLICABLE.

3) PROJECT MAY MEET THE FEDERAL REQUIREMENT FOR NEEDING A

VALUE ENGINEERING STUDY.

II. PROPOSAL MEETING SCHEDULE, QUESTIONS, AND INQUIRIES

During the solicitation process, Respondents are required to limit their communication regarding this project to the Buyer referenced herein. A qualifications and preproposal meeting will be held by the City whereby the Respondents will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The qualifications and preproposal meeting will be the only time when Respondents and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Respondents may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. 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.

https://www.txdot.gov/business/disadvantaged-small-business-enterprise/additional-details-on-dbe-interim-final-ruling.html https://www.txdot.gov/business/disadvantaged-small-business-enterprise/additional-details-on-dbe-interim-final-ruling.html https://dallascityhall.bonfirehub.com/login

The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

The pre-solicitation meeting will be held at 9:30 AM CST on Tuesday, August 18, 2026. Link to virtual meeting: https://teams.microsoft.com/meet/211560137442702?p=Ihi6JsUUOWBKo3CDaC Call-in Information for Pre-Solicitation Meeting: 1-469-217-7604; Meeting ID 427 487 000# (audio only)

The deadline for the submission of questions is 5:00 PM CST on Monday, August 31, 2026.

The Due time and date for submitting the SOQ is 1:00 PM CST on Friday, September 11, 2026.

III. MINIMUM QUALIFICATIONS/CERTIFICATION REQUIREMENTS:

• Project Manager: (a) Is a licensed professional engineer in the state of Texas, (b) has a minimum of fifteen (15) years’ experience in bridge schematic development or structural roadway plans elements development, (c) minimum of ten (10) years as a responsible project manager, and (d) design completion of a minimum of two Class I railroad bridge replacement projects similar in scope to the project subject to this procurement.

• Task Leader: (a) Is a licensed professional engineer in the state of Texas for the assigned respective work category except for surveying and landscaping where a registered land surveyor and Registered or Licensed Landscape Architect is required respectively, and (b) has a minimum of ten

(10) years of demonstrated experience in railroad bridge design and/or Class I railroad coordination and five (5) years of demonstrated experience for all other tasks.

• Value Engineering Task Lead: Must be Certified Value Specialist (CVS) who: (1) has a minimum of three years of experience as a lead CVS Facilitator in the value engineering process, (2) is a Licensed Engineer; and (3) has a demonstrated knowledge of and experience with transportation projects meeting federal, state, and local regulations, public outreach, project management principles with a demonstrated facilitation of a minimum of three transportation related value engineering studies.

• Public Outreach Task Lead: Must have a minimum of ten (10) years’ experience in handling public outreach for federally funded projects.

IV. SCOPE OF WORK

The major scope of services covers the following categories:

A) Preliminary/Schematic Phase

a. Public Involvement and outreach

b. Environmental Document preparation

c. Schematic Design inclusive of roadway, pedestrian and bicycle elements

d. Bridge design of a 5-6 tracks UPRR bridge over Cadiz St. and associated retaining walls

e. Preliminary geotechnical exploration, surveying, right-of-way (ROW) mapping, Subsurface Utility Engineering (SUE), and other associated work https://teams.microsoft.com/meet/211560137442702?p=Ihi6JsUUOWBKo3CDaC

B) Detailed Design Phase

a. Roadway design

b. Temporary traffic plan and traffic control system design

c. Roadway hydraulic design

d. Retaining wall design

e. Bridge design

f. Signalization, traffic signal timing, and operations

g. Intelligent transportation system (ITS)

h. Signing, pavement marking & channelization

i. Illumination

j. Bicycle & pedestrian facility development

k. Soil exploration and geotechnical testing

l. Design survey

m. Utility adjustment coordination

n. Landscaping

o. Water and Wastewater Engineering Design

p. Railroad coordination

q. Value Engineering Study

These Work Categories include:

NOTE: All design elements shall comply with applicable federal/state/city of Dallas/UPRR/DART rules, regulations, design manuals, codes, and standards inclusive of industry standards and guidelines.

A) Preliminary/Schematic Phase

a. Public Involvement and outreach: This category’s activities include but are not limited to: developing and implementing Public Involvement Plans (PIPs) and engagement strategies; coordinating and conducting public meetings, open houses, hearings, and stakeholder/property owner meetings; preparing public notices, fact sheets, presentations, exhibits, and other outreach materials in accordance with City of Dallas branding requirements; preparing and maintaining contact lists and comment records and preparing summary reports; and ensuring compliance with Title VI, Limited English Proficiency (LEP), Americans with Disabilities Act (ADA) requirements, and compliance with any other federal, state, and/or city requirements.

b. Environmental Documentation: This category’s activities include the preparation of environmental documents for transportation projects in compliance with The National Environmental Policy Act (NEPA), as amended. The documents cover all applicable subcomponents required to obtain state/federal approval

c. Schematics Development: This category’s activities include the preliminary layout of the roadway features to include key design elements such as bicycle and pedestrian facilities and future connectivity to existing transit, alignments of roadways or intersections, and all activities such ROW, SUE, design survey, bridge design layouts necessary to obtain state/federal approval in full compliance with applicable federal/state/City of Dallas/UPRR/DART rules, regulations, design manuals, codes, and standards

B) Detailed Design Phase:

a. Roadway Design - This category involves the design of the rehabilitation/ reconstruction/intersection improvements including regrading, repaving, sidewalks and bicycle facilities on Cadiz St. from Botham Jean Blvd to Hotel St. Associated activities include the development of a traffic control plan, plan and profile sheets, roadway drainage, and related traffic engineering applications and details.

b. Temporary traffic plan, traffic control system design and Traffic Studies – This category includes experience in the development of Temporary Traffic Plans (TTC) and knowledge of traffic signal design and real-time traffic control systems. as well as experience in collecting traffic data, collecting and analyzing crash incidents and developing alternative measures for the intended purpose including but not limited to traffic calming measures.

c. Roadway Hydraulic Design: - This category includes experience in the development of necessary street drainage design and associated work.

d. Retaining Wall Design: - This category includes experience in the design of retaining wall structures including bearing capacity and global stability analysis.

e. Bridge Design - This category includes the design of the new UPRR bridge over Cadiz St. that is capable of carrying 5 to 6 tracks in addition to a potential pedestrian bridge. This category necessitates the design of retaining structures due to limited ROW. This activity also covers the development of bridge and retaining layouts as needed and required to meet state and federal and UPRR requirements including the coordination for the construction of the Shoofly tracks. Work may also include coordination with Dallas Area Rapid Transit (DART).

f. Signalization, Traffic Signal Timing, and Operations: - This category includes experience in the design of traffic signals, review of signals timing, and/or performance of operational analysis.

g. ITS Design - The team will need experience within the past three (3) years designing successfully implemented wired and wireless communication systems and traffic monitoring camera systems.

h. Signing, Pavement Marking, and Channelization - This category includes the design and preparation of plans for signing, pavement marking, and channelization. The team will need an understanding of the current TMUTCD, applicable federal, state, and City ordinances and rules. The ideal team will have a history of evaluating existing conditions, making appropriate decisions using engineering judgement and the development of related PS&E packages. The team will have a deep understanding in the review and development of engineered Temporary Traffic Control plans and their impacts on operations as it relates to signing, pavement markings, channelization and integration with temporary signal operation.

i. Illumination - This category includes the design and preparation of plans for continuous roadway lighting, safety lighting, underpass lighting, and high mast lighting in compliance with National Electrical Code (NEC) and National Fire Protection Association (NFPA) and applicable manuals and standards.

j. Bicycle and Pedestrian Facility Development - This includes the design of bicycle and pedestrian facilities along Cadiz St. with connection to intersecting roadways.

The team will need an understanding of the current TMUTCD, Highway Capacity Manual, National Association of City Transportation Officials (NACTO), Americans with Disabilities Act Accessibility Guidelines (ADAAG), AASHTO’s and other industry applicable standards.

k. Soil Exploration - This category includes (1) the acquisition, sampling, and reporting of subsurface soil strata including any coring through pavement materials or rock formation, (2) Laboratory geotechnical testing of soil and rock formation, (3) Foundation studies covering the selection of the type and depth of foundation for bridges, retaining walls, signs, and other types of foundations, (5) Pavement design, and (4) The development of a geotechnical report.

l. Surveying and Mapping – This involves the performance of the following surveying functions:

i. Right of Way Surveys - This category includes performance of on the ground surveys to establish land boundaries, preparation of parcel descriptions and parcel plats, and preparation of right of way maps.

ii. Design Survey - This category includes performance of surveys associated with the gathering of survey data for topography, cross-sections, and other related work required for the design a project.

m. Utility Engineering - Further, the team will have the capabilities of performing Level D, C, B, and A (0-10ft using vacuum trucks) SUE services in support of the schematics and signals PS&E development. The work may involve utility coordination and utility engineering.

n. Landscape Architecture - This category includes the design of the landscape including vegetation, irrigation, hardscape, sidewalks, trails, and miscellaneous site features for new and renovated facilities.

o. Water and Wastewater Engineering Design - This category includes the design of upgrading and relocating existing water and wastewater delivery systems with all associated work. Work must be designed to Dallas Water Utilities Department (DWU) and applicable industry standards.

p. Rail-Highway Design - The team will provide expertise and assistance in the development of railroad agreements and railroad coordination, as applicable.

q. Value Engineering: This category includes the facilitation of a multidisciplinary team of subject matter experts evaluating the opportunity to establish the most cost-effective way to optimize value for the transportation project.

It is the intent of the City that the short-listed firms and their respective teams will perform these services covering all the listed Work Categories

V. THE STATEMENT OF QUALIFICATION (SOQ) MUST INCLUDE THE

FOLLOWING:

The SOQ document is limited to a total of twenty (20) 81/2”X11”pages, exclusive of the cover page, and the organizational chart. The proposal must be legible (font 11) with a minimum of 0.75-inch margins. Resumes of the project manager and key task leaders are limited to one page per person. The link between the qualification statement and each resume included in the SOQ must be clear in the qualification statement.

All written qualification statements submitted will be evaluated by a Selection Committee. The review of the qualification statements will be based on the evaluation criteria listed in this document.

1. Consultant’s Pertinent Experience

a. Name and contact information for the client (mailing address, e-mail address, telephone number) for each project referenced in the qualification statement.

b. The SOQ shall also include three (3) references for each of the following work categories: (a) Schematic Development, (b) Bridge and Retaining Walls Design, (c)

(d) Roadway design, and (d) railroad coordination. Each reference shall include agency name, contact name, contact address, contact telephone number, and contact email address. References for multiple work categories must be repeated under the heading. These references do not count toward the page limit and shall be included in the appendix.

2. Consultant’s Capabilities and Resources

a. An organizational chart containing the names, addresses, telephone and email addresses of the prime provider and any sub provider’s key personnel proposed for the team and their contract responsibilities by work category. The organization chart can be prepared with a font size no less than 11-point and is limited to one (1) 11”X17” page. The organization chart is not included in the page limit and is considered an Attachment.

b. Information showing the team's project understanding and approach covering the work categories. For each similar project referenced, identify either the project manager’s or the task leader’s specific role(s) and work contributed.

c. Verification in the form of a statement that the proposed team individuals are currently employed by either the prime provider or a sub provider.

3. Consultant’s Approach to the Project

a. Description of the team’s quality assurance and quality control procedures including what is standard practice for all stages of the design process.

4. Consultant’s Project Manager

a. Identification of the prime provider’s project manager who may be replaced during the selection and award process only by another person proposed for the prime provider’s team, as approved by the City provided that: (a) the replacement project manager is a member of the prime consultant team, (b) is on its project organizational chart as submitted in this RFQ, and (c) possesses equal or greater qualifications meeting the required experience as stipulated in this procurement.

5. Consultant’s Current Contracts

6. Litigation History

VI. REVIEW OF SUBMITTALS:

1. The City will review and evaluate the submitted SOQ to determine if submittals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFQ.

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the submittal. The City may also seek clarification from the referenced firms about any financial and experience issues.

3. Please be aware that the City may use sources of information not supplied by the firm concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

VII. REJECTION, ACCEPTANCE OR DISQUALIFICATION OF SOQ

SUBMITTALS:

1. This RFQ does not commit the City to award any Contract.

2. The City reserves the right to reject any or all SOQ’s, to waive technicalities or minor irregularities, and to accept any proposal it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any firm responding to this RFQ.

3. Firms may be disqualified for any but not limited to the following reasons:

a. Reason to believe collusion exists among the Firms;

b. The firm is involved in any litigation against the City;

c. The firm is in arrears on an existing contract or has failed to perform on a previous contract with the City;

d. Lack of financial stability; and

e. Failure to use the City’s approved forms.

VIII. DISCUSSION WITH REASONABLY QUALIFIED FIRMS:

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the respondents determined by the evaluation criteria to be reasonably viable for being selected for award during the RFP stage.

2. After the most highly qualified firm(s) has been identified during the RFP stage, Contract negotiations may commence. If at any time Contract negotiation activities are judged to be ineffective, TPW will cease all activities with the respondent and begin Contract negotiations with the next highest ranked respondent. This process may continue until either both the respondent and TPW execute a completed contract or TPW determines that no acceptable alternative proposal exists.

3. The City reserves the right to reject any or all submittals received or to award, without discussions or clarifications, a Contract on the basis of initial proposals received. Therefore, each submittal should contain the Firm’s best terms from a technical standpoint. Also, only respondents submitting a proposal will be notified of relevant communications after the RFQ closing.

IX. LATE AND WITHDRAWN SUBMITTALS:

Solicitation responses are required to be submitted electronically using the City’s procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible

X. CONFIDENTIALITY:

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Request for Qualifications will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a solicitation response that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the solicitation response “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a solicitation response, the Respondent shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XI. PERMITS REQUIRED BY LAW:

Firm shall comply with all requirements of federal, state, and local laws and regulations pertinent to or affecting any phase of this contract.

XII. RECORDS AND AUDIT:

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

XIII. ASSIGNMENT OF CONTRACT:

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

XIV. DEFAULT BY RESPONDENT:

The following events shall be deemed to be events of default by Respondent under the Contract:

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1. Respondent shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

2. Respondent attempts to assign the Contract without the prior written consent of the City;

3. Respondent shall fail to perform, keep or observe any term, provision or covenant of the

Contract; or

4. Respondent fails to properly and timely pay Respondent personnel, suppliers or other

Contractors and the failure impacts the City or its property in any manner.

5. In the event a default occurs, the Director shall give the Respondent written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within ten days of receipt of such notice by the Respondent, the City may immediately cancel the Contract. At the direction of the Director, the Respondent shall transition the work, vacate the premises, and shall have no right to further operate under the Contract.

6. Within forty-eight (48) hours after cancellation or termination of the Contract by the City, the Respondent, under the supervision of the Project Coordinator(s), shall remove all equipment and supplies to which Respondent is properly entitled, as specified herein.

7. The Respondent, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits in the event that the City cancels or terminates the Contract.

8. No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XV. OWNERSHIP

All records, equipment, revenue, work product, and/or intellectual property produced through this contract becomes property of the City to use as its own property without restrictions.

XVI. EVALUATION CRITERION

Statement of Qualifications will be evaluated based on the following rating criteria (Total 100 points):

1. Consultant’s Approach to the Project – 35 Points

a. Clear understanding of the project scope

b. Proposed approach to issue identification and resolution

c. Handling of critical issues

d. Appropriateness of resources being committed to a project

e. Familiarity with circumstances surrounding a project

2. Consultant’s Pertinent Experience – 25 Points

a. Experience with other similar projects

b. Consultant’s Office Geographic location

c. Experience with project area

3. Consultant’s Capabilities and Resources – 15 Points

a. Staffing size, current workload, availability

b. Staff's areas of expertise

c. History of meeting deadlines

d. History of staying within budget

e. Expertise of task leaders and project team

4. Consultant’s Project Manager – 15 Points

a. Experience with similar projects

b. History of successfully delivering projects

c. Project management process

d. Quality management process

e. Client management process

5. Consultant’s Current Contracts – 10 Points

a. Obligations that pose a potential conflict of interest

b. Current city of Dallas contracts in effect

c. Errors and omissions on prior projects; Current or prior litigation on City or other contracts that pose a potential performance risk exposure

XVII. TERMINATION

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

XVIII. MISCELLANEOUS

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Respondents shall submit the required Respondent’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Respondents shall thoroughly familiarize themselves with the provisions of these Specifications and the Facilities.

4. The City reserves the right to reject all submissions and to waive any minor irregularities.

5. A Respondent’s qualification statement may be disqualified if the corporation or individual

Respondent is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, Respondents may be disqualified for poor prior performance on similar Contracts with the city or with other entities.

6. The Contract with the Respondent will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Respondent agrees to abide by the rules and regulations as prescribed herein. The Respondent will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10. Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XIX. CONFLICT OF INTEREST

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or position with the city.

Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

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

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

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 1

1HAPTER XXII.1

XX. INDEMNITY

The selected Respondent agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected

Respondent’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Respondent, its officers, agents, employees, or sub respondents, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Respondent and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXI. WAGE FLOOR RATE REQUIREMENT

1. On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime respondents, awarded general service contracts valued greater than $50,000, and first-tier sub-respondents on the contract to pay their employees rendering services on the contract a wage floor of not less than $22.05 per hour.

2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after November 10, 2015. Respondents bidding/proposing on general service contracts shall take into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15-2141. This requirement does not apply to construction contracts in which prevailing wage of employees is governed by the Davis-Bacon Act as defined in the Texas Local Government Code 2258, purchase of goods, procurements made with grant funds or procurements made through cooperative and/or inter-local agreements.

3. The purpose of this policy is to promote an acceptable wage floor for working families in the

City of Dallas, increase the level of service delivered to the City through specific contracts and reduce turnover in such contracts thus maintaining a continuous and consistent level of service for vested parties.

4. The City Manager shall use the following definitions to administer the benefactors of the “wage floor” for purposes of the referenced resolution:

• "City" means the City of Dallas, Texas.

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

• "Sub-respondent" means any Person or business that has entered into its own contract with a prime respondent to perform services, in whole or in part, as a result of an awarded City general

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

XXII. WAGE FLOOR REPORTING REQUIREMENTS

Respondents awarded City general services contracts as described in the wage floor rate requirement section of this specification shall be required to provide the buyer the residential zip code and respective number of employees directly impacted by the wage floor requirement ten days after Council approval and on January 1st. but not later than January 31st. for the term of the contract. The Respondent shall submit the report to the contract administrator during the established period.

XXIII. WAGE FLOOR COMPLIANCE REQUIREMENTS

Respondents submitting a response to a solicitation for general services must comply with the wage floor requirement to be consider responsive. The City may request that Respondents, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement.

Respondents not compliant with the wage floor requirement will be deemed nonresponsive and will not be considered for award. Respondents awarded general service contracts must comply with the wage floor policy and reporting requirements for the term of the contract, failure to remain in compliance may result in breach of contract.

XXIV. DEVELOPMENT COSTS

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

XXV. CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

Respondent(s) recommended by City staff for a contract pursuant to this RFQ will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

XXVI. DOCUMENTS SUBMITTED WITH SOLICITATION RESPONSE OR UPON

REQUEST

Required – Included in Exhibit A Part I Packet

1. Business Information Form (OPS-02)

2. Disclosure of Lobbying Activities Form

3. Non-Collusion Affidavit

4. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

5. Certificate of Interested Parties Form 1295 https://www.ethics.state.tx.us/filinginfo/1295/

6. Bidder’s Acknowledgement of Prohibition on Contracts with Companies Boycotting Israel

& Prohibition on Contracts with Foreign Terrorist Organizations

7. Debarment Certification Form

8. Statement of Insurability and Quote (OPS-04)

9. Insurance requirements included in Exhibit A

May be Requested at a Future Date

1. Sample Contract with markups

2. Any other City documents as required (not included in Exhibit B Packet)

3. OPS-FRM-240 - Contractor's Affidavit - Schedule of Work and Actual Payment

Note:

PRECLUSION

The following preclusion conditions apply:

An entity is not eligible to receive an award of the contract for this project resulting from this solicitation if that entity has or is participating in any of the current or future Kay Bailey Hutchison Convention Center (KBHCC) Master Plan, Components 1 and 2 Owner Representative/Project Manager or Architect/CMAR design contracts as a prime consultant or as a sub-consultant. The City will not consider a submittal from an ineligible entity for an award under this solicitation. In this paragraph, the term “entity” includes firms who are prime design providers and sub-providers, including any subsidiaries and affiliates of the identified prime provider and sub-providers. The City’s determination of ineligibility is not subject to review. This preclusion does not apply to geotechnical, environmental/public outreach, survey, SUE, landscaping, railroad coordination, or value engineering technical services.

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

Cover Page Template:

Solicitation Number’s SOQ:

Project Description

Prime Respondent Legal Name

Printed Name of Prime Respondent’s Project Manager:

Date:

Prime Respondent’s Applicable TBPE/TBAE/TBPLS Firm Registration Number:

Project Manager’s Email Address:

Project Manager’s Address:

Project Manager’s Phone Number:

Prime Provider’s Project Manager Signature: ___________________________________