Specification RFCSP Environmental Remediation JOC Svcs..pdf

City of Dallas

Facilities and Real Estate Management Department

Request for Competitive Sealed Proposals (RFCSP) for

Environmental Remediation (Asbestos, Mold, Lead, and Industrial Waste) Job Order Contracting Services Solicitation:

CIZ26-FRM-3214

October 15, 2026

Introduction

The City of Dallas, Facilities and Real Estate Management Department (FRM) is requesting Competitive Sealed Proposals (RFCSP) “Best Value” from qualified firms (Respondents) for Job Order Contracting (JOC) services to provide on-call or as-needed environmental abatement and remediation services (asbestos, mold, lead, and industrial waste) for various City projects at various City buildings. Although there are aspects for performance that require specialized training and certification, these services do not require professional engineering services.

The Facilities and Real Estate Management Department anticipates awarding multiple contracts from this RFCSP, the maximum aggregate amount not to exceed $5,000,000.00, per Texas Government Code Sec. 2269.403(b).

I. Scope of Services

The awarded Contractor(s) shall provide environmental abatement services on an as-needed basis for time-sensitive situations in connection with this RFCSP and resulting Contract(s) for a two-year initial term with an option to extend three (3), one-year renewal periods at the City’s discretion.

This Contract(s) will use JOC to respond to and perform removal of asbestos containing materials (ACM), lead based paint, mold, and industrial waste materials such as polychlorinated biphenyls (PCB) containing ballasts, mercury-containing fluorescent lamps, etc. from City buildings and unsafe structures scheduled for demolition. As directed, the Contractor(s) shall remove these materials from City facilities scheduled for maintenance, renovation, and/or demolition. The structure’s condition may be in varying states of degradation with some flood, fire, and/or structural damage.

The scope of work may include projects that require immediate response (24 hours after the initial notification to the Contractor by the City). Most job orders will require the Contractor to mobilize at the worksite indicated by the City Representative and to complete the scope of work within the time specified in the approved proposal.

Awarded firms (Contractors) will be required to follow abatement and/or industrial waste specifications, and local, State, and Federal regulations when handling these materials. The Contractor(s) will be required to generate and maintain copies of abatement permits, closeout documents, and waste manifests, and provide them to the City Representative of the requesting department, when rendering disposal services and upon completion of a remediation project.

The Contractor(s) must have the training, experience, insurance, and professional knowledge to manage the different tasks under this Contract. The Contractor(s) will be required to be licensed, and in good standing, with Texas Department of State Health Services (DSHS) and Texas Department of Licensing and Regulation (TDLR).

The City does not guarantee any minimum quantity of work associated with this contract. Actual payment will be based on the documented quantities and the appropriate unit prices. Any tasks requiring materials or services not included in the Price Proposal are subject to negotiation between the City and the Contractor.

II. Questions, Inquiries and Schedule

All communication during the solicitation process shall be submitted electronically through the City of Dallas solicitation portal, https://dallascityhall.bonfirehub.com/login. All responses to questions and inquiries shall be responded to by way of addendum which will be posted as part of the solicitation. Only those inquiries the City of Dallas replies to by formal written addenda shall be binding. Oral and other interpretations or clarification shall be without legal effect.

All Respondents are required to be active registered vendors with the City of Dallas. Active status should be maintained throughout the term of eligibility without lapse. For assistance with registration during normal business hours, email codvendorregistrations@dallas.gov, or contact:

Office of Procurement Services (OPS) Dallas City Hall, 1500 Marilla Street, Room 3FNorth Dallas, TX 75201 Phone: (214) 670-5246

Pre-proposal meeting: It is highly recommended that all interested parties attend the Pre- Proposal Meeting, which will be held October 29th, 2026 at 10 a.m. At this meeting Respondents will have an opportunity to ask any questions regarding this solicitation, a meeting link will be provided in Bonfire.

Submittal Deadline: Request for Competitive Sealed Proposals submitted in response to this solicitation are due no later than November 6, 2026 at 1:00 p.m. local time and will be opened and read aloud at 2:00 p.m. the same day.

Proposed RFCSP Schedule* Advertise October 15, 2026 and October 22, 2026 Pre-Proposal Meeting October 29, 2026 at 10:00 a.m.

Vendor Questions Deadline November 2, 2026 at 12:00 p.m.

Proposal Submittal Deadline November 6, 2026 at 1:00 p.m.

Committee Evaluation November 20, 2026 by 5:00 p.m.

City Council Consideration January 27, 2027

*The City reserves the right to change dates as may be necessary. All changes to this schedule of events will be posted via an addendum to Bonfire.

III. Proposal Submittal Requirements

Respondents are expected to carefully read the RFCSP to assure the submittal of a complete response to all requests for information, documentation, and specific questions. Submittals should be prepared simply, clearly, and economically, providing a straightforward, concise, and substantive description of the Respondent’s proposal with emphasis on completeness and clarity of content. No page limitation is imposed, but brevity, clarity and well-organized presentations are appreciated. The submittal must contain a table of contents identifying the proposal components and sub-components with page number references.

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

Submittals shall be formatted as follows:

1. Submittals shall be a single PDF file uploaded to the City of Dallas procurement Bonfire site.

2. Submittal shall be set to print as an 8 1/2 x 11-inch document in portrait format with non-facing pages.

Exception: Graphics, charts, graphs, and other documents requiring larger size to be legible when printed may print on larger sheets but shall not exceed 11 x 17 inches (tabloid) when printed.

3. Submittals must use font type Arial and font size shall be 12-point minimum.

4. Submittals shall be submitted in English.

5. Submittals must identify each section with dividers to be provided as follows:

a. Cover sheet with solicitation name, date, and number

b. Letter of interest on company letterhead, dated, and signed by the firm’s owner or authorized officer.

c. Separate sections for each of the seven criteria evaluations listed in Section VI -Evaluation

Criteria

d. Appendix for additional information

6. When printed the PDF file should output double sided and in the above format without changes or modifications

7. Page numbering is required in the format, (page number) of (total pages), (Example: Page 1 of 1).

8. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFCSP.

Submittals shall contain:

1. Table of Contents

2. Executive Summary: A one-page cover letter signed by the firm’s owner or an authorized officer stating the firm’s interest and general qualifications, expertise, and ability to perform the scope of services.

3. Letters of Reference: Provide a minimum of three (3) letters of reference.

4. General Conditions Review:

a. Provide a statement of acceptance of Owner's contract as to form and content, and agreement to execute contract with minor City approved revisions; refer to Attachment A

b. Insurance Coverage: The successful Contractor will be required to purchase, within fifteen business days of award, and maintain, during the term of the contract, insurance as described in Attachment B and agrees to the indemnification agreement therein and required performance and payment bond

c. Complete in full an AIA A305 - Contractor’s Qualification Statement (Attachment I). In addition, provide the following specific information in the statement:

i. Current Legal name and complete address of the company

ii. Date, location and State of Firm formation

iii. Brief chronological list of years in business and any firm name(s) and identify type of business if other than environmental abatement services

iv. Date of opening and location of the primary and branch offices

v. Address of the office that is to provide services for this project

vi. Number of employees by skill group

vii. Annual earnings

viii. Legal Business Description of Firm (Individual, Partnership, Corporation, etc.)

ix. Primary contact person with phone & fax number, and e-mail address

x. Alternate contact person with phone & fax number, and e-mail address

xi. Provide evidence of your firm's financial strength

5. Statement of Qualifications: A one-page narrative document addressing all evaluation criteria considering the scope of work defined in this solicitation. Sufficient information regarding Respondent’s past projects and key personnel’s experience shall be provided in Respondent’s proposal to indicate its team, including Subcontractors, has met or exceeded the minimum qualifications.

IV. General Proposal Instructions

1. Each response should describe the firm's ability to meet the requirements of environmental abatement, JOC remediation services and industrial waste disposal. Responses should demonstrate the Respondents’ understanding of the needs, direction, and expected results of implementing JOC.

2. Proposals and any other documentation submitted by Respondents in response to this RFCSP shall become the property of The City of Dallas.

3. Proposals which are qualified with conditional clauses, alterations, or additional items for scope not called for in the RFCSP documents, or irregularities of any kind, may be subject to disqualification by The City of Dallas, at its discretion.

4. Each proposal should be prepared simply and economically, providing straight-forward, concise descriptions of the respondent’s ability to meet the requirements stated in this RFCSP. Emphasis should be placed on completeness of responses, clarity of content, and a demonstrated understanding of City of Dallas facility needs.

5. The City makes no guarantee that an award will be made as a result of this RFCSP and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFCSP if deemed to be in the best interest of the City. Representations made within the proposal will be binding on responding firms. The City will not be bound to act by any previous communication or proposal submitted by the firms other than specific to this RFCSP.

6. Failure to comply with requirements contained in this RFCSP may result in omission of the proposal from consideration.

V. Proposal Review and Contract Award Process

1. Proposals will be opened publicly on the due date and names of the submitting firms are read aloud.

2. Public opening will preclude disclosure of the contents of the proposals, including coefficients and other information.

3. At its sole discretion, the City will determine whether a proposal is considered responsive. The City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any proposal as may be in the best interest of the City.

4. Late proposals will not be accepted or considered for award.

5. The City will conduct a comprehensive review and evaluation of the proposals submitted to determine if submitted proposals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFCSP.

6. An evaluation committee comprised of City staff will review and evaluate all responsive proposals to determine overall responsiveness, qualifications and best value to the City. The evaluation committee will rank proposals according to the evaluation criteria described in Section VI of this RFCSP.

7. After evaluation, awards may be made based on the proposals initially submitted without discussion, clarification, modification, or negotiation with the Respondents. The City expects to award contracts to multiple qualified Respondents as allowed under Section 2269.155 of the Texas Government Code. The Contractors that will be recommended for contract award, if any, will offer the best value to the City. The City is not bound to accept or award to any Contractor, regardless of the coefficients contained in their proposal, if it is deemed not to provide the “Best Value” to the City

8. The City shall suspend issue of Job Orders for the following:

a. The Contractor is in default or breach of the contract.

b. The Contractor fails, declines, or is unable to perform the scope of work in the Job Order(s) during the term of the Contract.

c. The City is prevented by reason of circumstance, including but not limited to, weather, fire, flood, disruption of infrastructure, strikes and labor disputes, war and acts of war, riots, acts by a public enemy, acts of God, and reasons beyond control of the City, regardless of whether the cause could be reasonably anticipated.

9. The Respondent understands and agrees that this RFCSP is issued based on anticipated Job Order Contracting needs and that the City has made no obligation arising from the solicitation.

10. The Respondent understands that any cost incurred from the decision to develop and offer a proposal shall be at the sole risk and responsibility of Contractor.

11. Submission of a proposal indicates acceptance of the evaluation process and recognition that some subjective judgments must be made by the City during evaluation.

12. 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 Proposal. The City may also seek clarification from the referenced Respondent about any financial and experience issues.

13. Please be aware that the City of Dallas may use sources of information not supplied by the Respondent 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.

14. Proposed pricing shall be firm for the entire contract. The contract will commence on the day of award by the Dallas City Council and execution of the contract.

VI. Evaluation Criteria

Evaluation of submitted proposals, resulting in a selection and recommendation of Contractors for award will be based on responses to the criteria listed below:

Criteria One: Experience, Background, Qualifications, Key Personnel, and Key Subcontractors (20 Points)

1. Experience – The City shall consider the relevance of past experience of Respondent to include Subcontractors. Respondent shall provide a one-page narrative, describing the Respondent’s and team’s qualifications, as they relate to the referenced scope of services in this solicitation.

2. Project Sheets – Respondent’s submittal shall include, at maximum, five (5) project sheets, limited to one (1) page for each project, describing similar projects the Respondent has completed within the last five (5) years, and shows the most relevant work experience for these services. Respondent may also submit one (1) additional project sheet showcasing a project of which they are particularly proud. Each project sheet shall include, at minimum, the following:

a. Project name, scope description and dollar value of the completed project, including similarity to the scope defined in this solicitation

b. Start and ending date of project

c. Firm’s Project Manager

d. Firm’s Superintendent

e. Cited project’s original and final construction contract amounts (explain inconsistencies)

f. Cited project’s proposed completion date and the actual completion date achieved

(explain inconsistencies)

g. Cited project’s owner’s name and the name of the representative (if different) who served as the day-to-day liaison for the cited project, in the following format:

i. Name of Owner

ii. Name of Owner’s Representative

iii. Representative’s Phone Number

iv. Representative’s E-mail

3. Organizational Chart -- Provide a detailed organizational chart of the respondent’s proposed team, identifying key personnel and Subcontractors who will be committed to the work on the various tasks for this contract. Label assignments as:

a. Project Manager

b. Superintendent

c. Supervisor/Crew Leader, etc.

4. Proposed Key Personnel -- Respondent shall provide a statement on the availability of the respondent and their key staff to undertake the projects. Respondent shall submit one (1) page resumes for each of its key team members and Subcontractors. Resumes should link to project sheets and may also include additional relevant projects previously completed not highlighted in the project sheets. Resumes also shall include:

a. License type (if applicable) and number of years licensed

b. Number of years employed with the firm

c. Number of years of experience in proposed role corresponding to the assignments included in the organizational chart

d. City of residence

5. Experience with Green and Sustainability Practices – Respondent shall submit one (1) page describing Respondent’s experience in green and sustainable practices in performing the scope of work as outlined in this RFCSP

Criteria Two: Respondent’s Approach to the Project (20 Points)

1. Project Understanding – Respondent shall describe its understanding of the scope of work and specific issues and challenges Respondent likely sees shall be involved, as well as the availability of labor resources (Respondent’s capacity to perform) in executing the scope of work required. Respondent shall submit information in a brief narrative plan clearly and concisely describing the challenges it foresees and its approach to managing the Project.

Respondent shall submit one (1) page describing:

a. Respondent’s understanding of the delivery method and primary objectives of the scope of work; and

b. The constraints and technical challenges related to design and abatement Respondent foresees and Respondent’s approach to addressing each.

2. Proposed Management Plan - Respondent shall submit up to three (3) pages describing the following:

a. Respondent’s project management approach and team organization for the provision of the services outlined in this solicitation;

b. Respondent’s ability to perform work on multiple projects simultaneously while engaging in contractual relationships with multiple Subcontractors;

c. Respondent’s Quality Control/Quality Assurance process, approach and capabilities to maintain quality control of the abatement documents and project;

d. Respondent’s approach to managing the quality of Subcontractors;

e. Respondent’s ability to coordinate work with all Project stakeholders;

f. Respondent’s approach to assuring timely completion of assigned projects, including methods for schedule recovery, if necessary; and

g. Respondent’s plan for executing the project and provide a basic abatement schedule that identifies perceived critical path items and milestones within the project scope.

3. Safety Plan - Respondent shall submit one (1) page describing Respondent’s approach for anticipating, recognizing and controlling safety risks and note the safety resources that the Respondent provides for in its Safety Plan

4. Commitment to Green and Sustainability Initiatives, Practices and Implementation --

Respondent shall limit its response to the following items to a total of one (1) page

a. Respondent will describe their commitment to Green and Sustainability initiatives and practices and how these initiatives and practices will be incorporated into the services performed for the scope of work under this contract; and

b. Respondent will describe their initiative in reducing Greenhouse Gas (GHG) emissions and Respondent’s plan to reduce the emissions during the performance of work to address the scope of work under this contract.

Criteria Three: Respondent’s Local and City of Dallas Experience (5 Points)

The City is interested in evaluating Respondent’s team (including Subcontractor(s), if applicable) experience with local processes and practices, as may be evidenced by work in Dallas and/or the surrounding area, during the past five (5) years.

1. In narrative form, using a maximum of two (2) pages for Respondent’s response and one (1) page for Subcontractor(s) response, if applicable, briefly describe Respondent’s team experience in the areas listed below, referencing specific projects relating to that experience.

(Note: Respondent may reference projects included in the project sheets under Criteria One

(1) above, but no additional project sheets shall be provided for this criterion, as the response shall be in narrative form.)

a. Local project history. List of abatement projects completed within the Dallas area in the last five years;

b. Local area abatement services costs and practices;

c. Local environmental agencies and disposal site protocols;

d. Firm’s experience with private and public utilities within the City of Dallas or surrounding area;

e. Local site development; and

f. Building code requirements

More than one (1) project may be referenced per page, and projects should be discussed in reverse chronological order. (Note: Respondents may reference projects by project name included in the project sheets under Criteria One (1) above or include other projects, but no additional project sheets shall be provided for this criterion, as the response shall be in narrative form.) If the referenced project is not included in the project sheet section, please include the following information:

a. Project name and description of scope; and

b. Respondent’s project role and work performed; and

c. Names of Respondent’s team members who worked on the project, if applicable; and

d. The contact information of the project’s owner or representative (if different) including name, email, and phone number

2. Respondent shall provide a list of current and completed City of Dallas contracts within the last 5 years

a. Include the Contract Name, duration of the contract, and contract price amount. List the total Number of projects completed under the contract and City departments served; and

b. If Respondent served as a Subcontractor under a City Contract, provide the name of the primary Contractor in addition to the information above.

Criteria Four: Conflict of Interest, Violations, and Litigation (5 Points)

1. Respondent shall identify all obligations that propose a potential conflict of interest.

2. It is required of firms to identify conflicts prior to consideration. Failure to identify conflicts, voluntary or involuntary, may remove that firm from consideration. If no conflicts exist, indicate "None".

3. Respondent shall provide a violation history of the firm and Subcontractors within the past 7 years.

4. Respondent shall provide a list of prior and current litigation and claims history, including claims history with the City or others. Identify any firm executives who have current claims or who have participated in litigation against the City of Dallas. Firms under litigation with the City or whose executives are or have been in litigation with the City may be disqualified from consideration.

Criteria Five: Contractor Coefficient (25 Points)

The term “Coefficient” means the Contractor’s numerical multiplier to the Unit Price Book (UPB) estimate to the hundredth decimal place (0.00). Construction unit pricing shall be derived from the current RS Means Building Construction Data and other applicable construction cost data as published by RS Means, including current updates. The following Contractor Coefficients will be submitted on the “Proposal Form, Job Order Contracting –Request for Competitive Sealed Proposals for City of Dallas”:

1. Coefficient for Pre-Priced work performed during normal business hours

(Monday thru Friday, 8AM to 5PM)

2. Coefficient for Pre-Priced work performed after normal business hours

(Monday thru Friday, after 5PM to 8AM and Saturday thru Sunday)

3. Coefficient for Non-Pre-Priced work performed during normal business hours (Monday thru Friday, 8AM to 5PM)

4. Coefficient for Non-Pre-Priced work performed after normal business hours (Monday thru Friday, after 5PM to 8AM and Saturday thru Sunday)

*All listed times are Central Time (CT)

Criteria Six: Local Preference Program (5 Points)

The City of Dallas aims to maximize economic return in the procurement of goods and services with the Local Preference Program. The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. Five (5) points will be awarded to those Respondents that qualify.

The information shall be submitted in the proposal. In order to receive the points a supplier must satisfy one of the following:

• Proof of principal place of business located in the City of Dallas; OR

• Proof of local workforce composition including:

• At least 100 full time employees who are Dallas residents; OR

• At least 20% of its total full-time employees who are Dallas residents; OR

• If available, participation in Workforce Development Program

Criteria Seven: Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy (20 points)

The City of Dallas is committed to promoting the economic opportunity and long-term success of small and local businesses. To advance this commitment, the City has established the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Program to expand Small Business Enterprise (SBE) participation in contracting opportunities.

It is the policy of the City of Dallas to involve certified 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.

Participation Goals are established to advance the objectives of the DRIVE Policy by promoting access and increasing small business engagement in City of Dallas contracting opportunities.

These goals are intended to be data-driven, measurable, and reflective of the availability and capacity of SBEs operating within the Dallas region. The aspirational goal for each category is as follows:

Goods: 33% Construction Services: 33% Architectural & Engineering Services: 34% Professional Services: 38% Other Services: 30%

The SBE aspirational utilization goal for this solicitation is 30%. This criterion evaluates the Respondent’s plan to engage certified SBEs as subcontractors and suppliers. Points may be awarded based on:

1. Proposed SBE commitment; and

2. First-time contracting with SBEs

Local Economic Impact – This criterion evaluates the Respondent’s contribution to economic activity in Dallas and the Dallas–Fort Worth–Arlington MSA. Points may be allocated based on:

1. Local Workforce

2. Local Supply Chain Usage; and

3. Local Community Investment

To qualify for local preference points, Respondents must satisfy one of the following:

1. Provide proof that the principal place of business is located within the City of Dallas; or

2. Provide proof of local workforce composition, including:

a. At least 100 full-time employees who are Dallas residents; or

b. At least 20% of total full-time employees who are Dallas residents; or

3. Demonstrate participation in a Workforce Development Program (if applicable).

When SBE participation targets are not met, vendors must show Good Faith Efforts by providing the following documentation:

1. Notification to SBEs of subcontract opportunities at least 7 business days before bid closing using multiple channels such as emails, phone calls, and electronic bidding sites.

2. Breaking out work into economically feasible units.

3. Soliciting bids from certified SBEs listed in the City directory.

4. Following up on inquiries from interested SBEs and demonstrating continuous communication.

5. Negotiating in good faith.

6. Documenting acceptance or rejection of SBE quotes with reasons and demonstrating consideration.

7. Assisting SBEs with bonding, insurance, or access to plans/specs.

8. Attending pre-solicitation meetings, matchmaking events or outreach sessions.

SUMMARY OF EVALUATION CRITERIA POINTS

Criteria One: Experience, Background and Qualifications, Key Personnel and Key Subcontractors

20 Points

Criteria Two: Respondent’s Approach to the Project 20 Points

Criteria Three: Respondent’s Local and City of Dallas Experience 5 Points

Criteria Four: Conflict of Interest, Violations and Litigation 5 Points

Criteria Five: Respondent’s Coefficient Pricing 25 Points

Criteria Six: Local Preference Program 5 Points

Criteria Seven: DRIVE Policy 20 Points

Total Possible Points: 100 Points

VII. Rejection or Acceptance of Proposals

1. This RFCSP does not commit the City to award any Contract. The City reserves the right to reject any or all proposals, to waive technicalities or 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 company responding to this RFP.

2. The City will require the recommended Contractor(s) to sign the necessary Contract documents prepared by the City Attorney's Office. A sample Contract is included as an attachment. Contractor must take exception to any term of the Contract to which it will not agree in its proposal.

VIII. Disqualification

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

1. Reason to believe collusion exists among the Contractors.

2. The Contractor is involved in any litigation against the City of Dallas.

3. The Contractor is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas.

IX. Proposal Coefficients

1. Proposed Coefficients shall be firm and unchanged for the entire term of the contract.

2. The Contract shall commence on the date of award by the Dallas City Council and subsequent full execution of the Contract.

3. Failure of a Contractor to identify and fully consider all items affecting a proposed coefficient will not be grounds for altering a proposed coefficient.

X. Contract Term

The Job Order Contract will have an initial term of two (2) years with three (3) optional one-year renewals at the sole discretion of the City for a total term of not greater than five (5) years. Each renewal will reference the most current edition of RS Means Construction Cost Data with coefficients to remain unchanged. A renewal will be effective by a written renewal contract to be signed by City and Contractor prior to end of the current term. Any Job Orders and Change Orders already in progress at the time of a renewal shall continue use of the UPB effective at the time of issue. The selected Contractor(s) agree to execute the designated contract form without modification (See Attachment of Sample Contract).

XI. Insurance Requirements

The successful Contractor(s) will be required to provide a Certificate of Insurance (COI) with endorsements for review that meets the insurance as described in Attachment B within fifteen

(15) business days of notification of award. Insurance will be maintained throughout the term of the contract without lapse. The successful Contractor(s) agree to the indemnification agreement contained within the RFCSP.

XII. Confidentiality

It is the responsibility of the Contractor to clearly mark and identify all portions of the proposal which, in the Contractor’s opinion, contain confidential information and other proprietary information. All proposals are subject to the Texas Open Records Act process.

Any information deemed confidential shall be clearly noted on the solicitation response. The City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Records Act. Proposals will be opened by the City to avoid disclosure of contents to competing Contractors and kept secret and confidential during the solicitation process and prior to award. Contractors who include information in a proposal 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 proposal “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Record Act to inspect information designated as confidential the Contractor will be requested to provide sufficient written reasons and information as to why the designated information should be protected from disclosure so that the City Attorney may present the matter to the Attorney General of Texas for a determination.

XIII. Job Order Contract Information

1. The estimated total amount of available job order capacity for the initial contracts shall not be greater than a combined $5,000,000.00 (five million dollars).

2. Any individual Job Order to be approved by FRM will have a minimum $500.00 (five-hundred dollar) amount.

3. Individual Job Orders of less than $500,000.00 (five-hundred thousand dollars) may be approved by FRM. A Job Order $500,000.00 or greater shall require authorization by the Dallas City Council.

4. Optional one-year contract renewals will be without a change to the Contractor coefficients unless it can be reasonably substantiated and documented that a substantial increase occurred in costs calculated as part of the coefficient in support of a change. The City will have final approval on evaluating a requested change to a coefficient.

5. Contractors agree to use the current City forms developed for use with the JOC program. This includes updated or new forms that may be issued by the City during the contract term.

6. Contractors proposing on City of Dallas Job Order Contracting are not initially required to provide Bid, Payment, or Performance Bonds. Bonds will be required in accordance with the Texas Government Code Sec. 2253.021 for each Job Order as follows:

a. A Payment Bond will be required for any individual Job Order greater than $50,000.00

(fifty thousand dollars).

b. A Performance Bond will be required for any individual Job Order greater than $100,000

(one-hundred thousand dollars)

c. Contractors shall use the bond templates provided herein as attachments without change or modification. Bonds are a reimbursable expense item for a Job Order.

7. The Contractor has read and agrees to abide by the City of Dallas General Conditions for

Building Construction, City policies and guidelines regarding construction, adopted building codes and ordinances, permitting requirements, and other related documents in effect at the time of award.

XIV. Overview – Job Order Procedures Guide

1. Purpose

The purpose of this section is to provide definitions and an outline of the procedures for Job Order Contracts to afford the City a flexible and responsive alternative contracting capability.

2. Definitions

a. Job Order Contract a Job Order Contract is an indefinite-delivery/indefinite-quantity type agreement between Contractor(s) and the City to perform work on a Job Order basis for maintenance, repair, alteration, renovation, remediation, and minor construction at City facilities with firm fixed Coefficients against specified unit pricing as described in Section 4, Pricing.

b. Job Order is a contractual instrument issued by the City to the Contractor as written instructions to perform a scope of work according to specified requirements within specified costs, and timeframe. The Job Order is approved upon signed agreement between the Contractor and the City. Upon approval, the Job Order shall become a fixed-price lump sum Contract.

c. Scope of Work is a description of proposed work under the Job Order Contract which includes sufficient detail to determine quantities, quality, and schedule for performance and completion of a Job Order.

d. Unit Price Book (UPB) is a collection of established pricing for repair, rehabilitation, alteration, maintenance, and minor construction tasks, along with associated units of measure and unit prices identified by the Owner to be used in performance of the Contract. Unit Prices include material, labor, and equipment cost, but not indirect costs or profit.

e. Coefficient is a numerical factor to two decimal places that represent costs not considered as included in Unit Price Book of itemized unit prices: including general, administrative and other overhead costs, equipment rental, protective gear and clothing, contingencies such as changes in wage rates and inflation, Contractor’s profit, and indirect costs.

f. Pre-Priced is a necessary task included as part of a Job Order cost that is found in the

UPB.

g. Non Pre-Priced tasks are categorized as follows:

i. Tasks not specifically included in the UPB but are within the intent and scope of the Job Order. Such tasks shall use the nearest similar UPB description and cost.

An asterisk shall precede and modified task descriptions and costs.

ii. Tasks included in the UPB but differing materially more from those ordinarily encountered can be adjusted in cost prior to issuing of a Job Order. Contractor will need to submit documentation substantiating the difference prior to issuing of a Job Order. An asterisk shall precede and modified task descriptions and costs.

3. Request for Pricing

a. Request for Pricing will be issued for various scopes of work to one or more of the

Contractor’s as selected at the discretion of the City. The Request for Pricing will include the location(s) of the work, a summary/description of the work to be performed, and estimated timeframe for completion.

b. Upon receipt of a Pending Request for Pricing, the Contractor shall thoroughly examine the Request, become familiar with the scope of work, identify possible needs for plans and specifications, and any special instructions or conditions that may exist.

c. A City Representative selected as point of contact may schedule a meeting with the selected Contractor(s) to review the requested scope of work, answer questions, and tour the location at which the work is to be performed.

The meeting is to be held within two (2) business days of the issue of the Request for Pricing. During this meeting, the following will generally be reviewed:

i. Work summary and scope

ii. Site conditions and any special considerations

iii. Site access and availability

iv. Methods to accomplish the work per plans and specifications

v. Time requirements for completion

d. The Contractor is responsible for verifying tasks, refining quantities, and resolving any apparent coordination issues or concerns about existing conditions on the job site.

e. The development of sketches or shop drawings by the Contractor may be required as part of the response to the request with the purpose of clarifying how the scope of work will be executed.

f. The Contractor (s) will submit a written cost estimate proposal based on the contract unit prices as established on the contract. The proposal must be submitted within three (3) business days after the date of the scheduled meeting. The response time may be extended at the discretion of the City.

g. The Contractor (s) response to the Request for Pricing is to be valid for a period of not less than thirty (30) business days from the date of its submission. The cost proposal must include a timeline/schedule for the projected date of completion.

h. The City will review and approve the cost estimate prior to releasing a Job Order. Each line item identified on the Price Proposal Form shall be independent from the other line items.

i. The Contractor shall use only those line items necessary to fulfill a particular task. Any cost or scope of work discrepancies shall be corrected and agreed upon by the City and selected Contractor prior to releasing the Job Order.

j. The City, in its best interest, may do the following:

i. select any or none of the responses to award a Job Order

ii. re-issue the Request to one or more of the same or different Contractor (s)

iii. change the scope, quality, and/or timeframe of the work and issue a new Request for Pricing to the same or different Contractor (s)

k. Upon selection of a response for award, the City Representative will prepare and issue a

Job Order for performance of the work.

4. Pricing

a. For each project task, a unit of measure and a corresponding unit price are to be the basis for Contractor payment. The Contract shall primarily use data from the current calendar year issue of RS Means - Facilities Construction Cost Data, RS Means CostWorks (electronic version), and other applicable Construction Cost Data as published by RS Means, including all updates, as a basis for unit cost. These resource books are referred to as the unit price book(s) (UPB). The unit prices listed in RS Means, "Total Incl. O&P" costs (adjusted for the city cost index for Dallas, Texas postal code 75201) is then multiplied by the appropriate Coefficient to determine the actual cost of that item. The final adjusted UPB "Total Incl. O&P" cost rate for a task will herein be referred to as the UPB rate.

b. Only the RS Means UPB, the City cost index, and Contractor coefficient shall be considered in developing the cost estimate, unless the project requires services not included in the description of this contract. If the costs of services submitted by the Contractor are not specified in this document and are not agreed upon by the City, the City reserves the right to approve only the services established in the contract and retain a different Contractor to complete the remaining tasks.

c. Project pricing is to be broken down into individual tasks of work, and a total price developed by the Contractor based upon the UPB, application of the city cost index, and application of the Coefficient. In instances where the UPB offers minimum and maximum costs associated with a particular task, the Contractor will cost out the materials based on local availability and use UPB labor rates most closely related to similar tasks.

d. Overhead and General Condition costs which derive from Division 1 of the UPB will not be allowed as part of the pricing without written approval from the Authorized City Representative, as these costs are assumed to be included as part of the Contractor Coefficient. The Contractor must consider these costs when proposing a Coefficient (reference table of allowable overhead).

5. Coefficients (Adjustment Factors)

The Contractor's Coefficient is the numerical value, to two (2) decimal places, which the Contractor proposes as a multiplier to the UPB estimate (after city cost adjustment) to determine contract cost. For example: if the labor unit price for painting one hundred square feet of gypsum board from the UPB, after city cost adjustment, is $15.00 and the Coefficient is 0.85, the contract price would be $12.75 ($15.00 x 0.85 = $12.75). The Coefficient shall be a net decrease from, or increase to, the "Total Incl O&P" costs column in the UPB, and not the "Bare Total" column.

6. Overhead

The Contractor bears overhead costs as part of the proposal Coefficient of the Job Order Contract program. Allowable overhead items from the UPB are detailed in the table below.

The line-item categories are:

a. Always allowed in Job Order, the Contractor is expected and directed to include this item in each Job Order by the City Representative.

b. Allowed as directed: only included with permission of the City Representative due to some unusual condition peculiar to the project.

c. Not allowed-included in Coefficient, the Contractor is never allowed to include because it is part of the proposal Coefficient.

d. Not in contract, totally excluded from this work and contract, but may be addressed under separate contract with City.

e. Table:

(A) (B) (C) (D)

Always Allowed In

JOC

Allowed As

Directed In JOC

Not Allowed Included in Coefficient

Not In Contract

010 000 Overhead

4 Architect Fees X

16 Const. Mgmt. Fees X

18 Const. Completion Time X

20 Contingencies X

22 Contractor Equipment X

28 Engineering Fees X

Allowed In

JOC

Allowed As Directed In JOC

Not Allowed Included in Coefficient

Not In Contract

32 Factors X

34 Field Office Expense X

36 Field Personnel X

38 Historical Cost Indexes X

40 Insurance X

42 Job Conditions X

48 Main Office Expense X

52 Mark-Up X

60 Overhead X

64 Overtime X

-- Payment Bond X

68 Performance Bond X

70 Permits X

82 Small Tools X

86 Taxes State Sales Tax Exempt X

013 400 Shop Drawings

406 Models X

408 Renderings X

013 800 Construction Photos

804 Photographs X

014 100 Testing Services

108 Testing X

015 100 Temporary Utilities

104 Temporary Utilities X

015 200 Temporary Construction

204 Protection X

Allowed In

JOC

Allowed As Directed In

JOC

Not Allowed Included in Coefficient

Not In Contract

208 Temporary Construction Refer Division 015-300

015 250 Construction Aids

252 Safety Nets X

253 Personal Protective Equip. X

254 Scaffold X

255 Scaffolding Specialties X

257 Pump Staging X

258 Surveyor Stakes X

259 Weather Station X

304 Fencing X

015 300 Barriers & Enclosures

302 Barricades X

304 Fencing X

306 Winter Protection X

015 400 Security

480 Watchman X

015 500 Access Roads

552 Roads and Sidewalks X

015 600 Temporary Controls

602 Tarpaulins X

015 800 Project Signs

804 Signs X

015 900 Field Offices & Sheds

904 Office X

Allowed In

JOC

Allowed As Directed In

JOC

Not Allowed Included in Coefficient

Not In Contract

016 400 Equipment Rental 406 Concrete

Equipment Rental

017 400 Final Cleaning

104 Cleaning Up X

018 000 Facilities Maintenance

15 Facilities Maintenance Equipment X

20 Site Work Facilities Maint. X

30 Concrete Facilities Maint. X

40 Masonry Facilities Maint. X

50 Metals Facilities Maint. X

70 Moisture-Thermal Control Facilities Maint.

X

80 Door & Window Facilities Maint. X

90 Finishes, Facilities Maint. X

100 Specialties, Facilities Maint. X

110 Architectural Equipment Facilities Maint.

X

120 Furnishings Facilities Maint. X

140 Conveying Systems Facilities Maint. X

150 Mech. Facilities Maint. X

160 Elec. Facilities Maint. X

7. Execution Procedures

a. After review and acceptance of the Contractor's cost proposal for the Request for Pricing, the City Representative will initiate creation of the Job Order.

b. Upon acceptance of the Job Order by both parties, the City Representative is to initiate the generation of the Purchase Order for each project. The Contractor is to provide any required Bonds and a certificate of insurance as evidencing proof of insurance as described in Attachment B, Insurance Requirements.

c. Once the Purchase Order is issued, the Contractor is to begin work as specified in the Job Order. The City Representative is to perform the Contract Administration associated with the Job Order until work completion; including punch list items, final inspection, and acceptance within the period designated in the Job Order.

8. Retainage

a. Retainage may be withheld by the City from each progress payment until final completion of the Work by the Contractor, including approval and acceptance of the Work by the City. Unless otherwise required by state law, the total retainage is based upon the Job Order Sum and included as part of each progress payment.

b. The total retainage withheld by the City will be ten (10%) percent for Job Orders greater than or equal to $50,000 (fifty thousand dollars) and less than $400,000 (four hundred thousand dollars).

c. The total retainage withheld by the City will be five (5%) percent for Job Orders greater than or equal to $400,000 (four hundred thousand dollars).

d. If the Job Order Sum at time of execution is $50,000 (fifty thousand dollars) or less and the Contractor chooses to provide performance and payment bonds the City will make progress payments with a retainage of fifteen (15%) percent, otherwise payment will be a lump sum upon completion of the work.

9. Change Orders

a. If differing, unknown or hidden site conditions are encountered during execution of the Job Order, or there is a City requested change to the quantity, quality or time of the work, then a modification to the Job Order is required. The City Representative shall request the Contractor to prepare and submit a revised pricing proposal for review and approval.

b. If there is a requested modification to the scope, quality, or time of the work, and if the city approves a change, then a Change Order to the Job Order is required. The City of Dallas shall request the Contractor to prepare and submit pricing, if a price change is warranted, for potential Change Orders. It is the responsibility of the City Representative to authorize a Change Order to a Job Order. Only an approved Change Order shall modify a Job Order.

c. Pricing for Change Orders shall be generated by the Contractor from the UPB as adjusted for the city cost index with application of the Contractor Coefficient as established under Job Order Contracting. If a Change Order involves negotiation with the Contractor, all negotiations must be completed within three (3) working days.

d. The City Representative shall initiate, prepare, authorize, and issue a Change Order to a

Job Order. A Change Order, if the city deems it warranted, shall be issued in accordance with city’s rules and procedures regarding change orders – Any additional costs incurred by doing work beyond the scope of the job Order without an approved Change Order will be the sole responsibility of the Contractor.

10. Reporting Requirements

a. The City of Dallas Representative is to be responsible for administering all Job Orders under this contract.