2-03 - Required Documents.pdf

REQUIRED DOCUMENTS

FOR

DISASTER DEBRIS CLEARANCE AND REMOVAL

MANAGEMENT

RFP #26-04-P

March 28, 2026

CITY OF LEWISVILLE

PURCHASING DIVISION – REQUIRED DOCUMENT

PROPOSER’S ACCEPTANCE OF EVALUATION METHODOLOGY

WAIVER OF CLAIMS: EACH PROPOSER BY SUBMISSION OF A RESPONSE TO

THIS REQUEST FOR PROPOSALS (“RFP”) WAIVES ANY CLAIMS IT HAS OR MAY

HAVE AGAINST THE OWNER, ITS EMPLOYEES, OFFICERS, AGENTS,

REPRESENTATIVES, AND THE MEMBERS OF OWNER’S GOVERNING BODY,

CONNECTED WITH OR ARISING OUT OF THIS RFP, INCLUDING THE

ADMINISTRATION OF THE RFP AND THE RFP EVALUATION. SUBMISSION OF A

PROPOSAL INDICATES PROPOSER’S ACCEPTANCE OF THE EVALUATION

TECHNIQUE AND PROPOSER’S RECOGNITION THAT SOME SUBJECTIVE

JUDGMENTS MUST BE MADE BY THE OWNER DURING THE EVALUATION OF

PROPOSALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,

EACH PROPOSER ACKNOWLEDGES THAT THE BASIS OF SELECTION AND THE

EVALUATIONS SHALL BE MADE PUBLIC AFTER THE CONTRACT IS AWARDED

AND WAIVES ANY CLAIM IT HAS OR MAY HAVE AGAINST THE ABOVE-NAMED

PERSONS, DUE TO INFORMATION CONTAINED IN SUCH EVALUATIONS.

Firm Name:_____________________________________________Date:________________

Authorized Signature:_____________________________________________________

Printed Name:___________________________________________________________

SIGNATURE PAGE

TYPE OR PRINT:

FIRM NAME AUTHORIZED REPRESENTATIVE & TITLE

STREET ADDRESS and/or P.O. BOX NO. A/C PHONE NUMBER

CITY/STATE/ZIP CODE A/C FAX NUMBER

FIRM’S TAX IDENTIFICATION NUMBER E-MAIL ADDRESS

SIGNATURE DATE

PURCHASING DIVISION

PURCHASE ORDER TERMS & CONDITIONS

Seller and Buyer agree to comply with the following terms and conditions. These Terms and Conditions along with the purchase order shall constitute a Contract between the Seller and Buyer upon the Seller issuing an invoice and/or providing any of the goods and services described in the purchase order. In the event of a conflict between these Terms and Conditions and a separate written Contract between the Seller and Buyer, the terms of the separate written Contract shall prevail.

1. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows:

(a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase order release number and the supply Contract number if applicable;(c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

3. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery.

4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Inside Delivery, Municipal Facility, Lewisville, Texas, and shall include all delivery and packaging costs. The Buyer assumes no liability for goods delivered in damaged or unacceptable condition. The Seller shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by Seller of damage.

5. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this Contract as to time of delivery, quality, and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may notify Buyer of his intention to cure and may then make a conforming tender within the Contract time but not afterward.

6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order.

Any change thereto shall be effected by modification as provided for in Clause 20, “Modifications”, hereof. The terms of this Contract are “no arrival, no sale.”

7. INVOICES AND PAYMENTS: (a) Seller shall submit separate invoices on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight weigh bill when applicable, should be attached to the invoice. Mail to: City of Lewisville Accounts Payable, PO Box 299002 Lewisville, Texas 75029-9002. Payments shall be made thirty days after the goods are delivered to the Buyer, or a correct invoice is received, whichever is later. Suppliers should keep the Accounts Payable Office advised of any changes in remittance addresses. (b) Buyer’s obligation is payable only and solely from funds available for the purpose of the purchase.

Lack of funds shall render this Contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by Buyer. (c) Do not include Federal Excise, State or City Sales Tax. Buyer shall furnish tax exemption certificate, if required.

8. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this Contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent, or representative of the Seller, to any officer or employee of the City of Lewisville with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a Contract. In the event this Contract is cancelled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

9. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

10. WARRANTY PRICE: (a) The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current prices on orders by others for products of the kind and specification covered by this Contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this Contract without liability to Seller for breach or Seller’s actual expense. (b) The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this Contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

11. WARRANTY PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this Contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern.

12. SAFETY WARRANTY: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at Seller’s expense.

13. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this Contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this Contract will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two weeks after the signing of this Contract. If Buyer does not receive notice and is subsequently held liable for the infringement of the like, Seller will save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this Contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements.

14. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them.

15. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

16. TERMINATION: The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer set forth in Clause 15, herein.

17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability.

18. ASSIGNMENT DELEGATION: No right or interest in this Contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

19. WAIVER: No claim or right arising out of a breach of this Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

20. MODIFICATIONS: This Contract may be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. This shall include any change orders.

21. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their Contract and is intended also as a complete and exclusive statement of the terms of their Contract. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this Contract, the definition contained in the Code is to control.

22. APPLICABLE LAW: This Contract shall be governed by the Uniform Commercial Code.

Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract.

23. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior consent, the fact that Buyer has entered into this Contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

24. RIGHT TO ASSURANCE: Whenever one party to this Contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.

25. VENUE: Both parties agree that venue for any litigation arising from this Contract shall lie in Denton County, Texas.

26. DISCLOSURE: Pursuant to Chapter 176 of the Texas Local Government Code, a person or agent of a person who Contracts or seeks to Contract with the City of Lewisville must complete a conflict of interest questionnaire if the person or agent has an affiliation or business relationship that might cause a conflict of interest with the City. The conflict of interest questionnaire, which is available online at ethics.state.tx.us, must be filed with the City Secretary of the City of Lewisville no later than the seventh business day after the person or agent begins Contract discussions or negotiations with the City of Lewisville or submits to the City of Lewisville an about:blank application, response to a request for proposal or bid, correspondence, or another writing related to a potential Contract with the City of Lewisville. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code.

Seller should consult with legal counsel if you have questions regarding its compliance with the requirements of Chapter 176. It is the responsibility of each person or agent who is Contracting or seeking to Contract with the City of Lewisville to comply with the filing requirements of Chapter 176.

27. INDEPENDENT CONTRACTOR: Seller shall be considered an independent Contractor and not an agent, servant, employee, or representative of Buyer in the performance of the work.

No term or provision herein or act of the Seller shall be construed as changing that status.

28. TERMINATION FOR DEFAULT: Buyer reserves the right to enforce the performance of any Purchase Order in any manner prescribed by law or deemed to be in the best interest of Buyer in the event of breach or default. The Buyer reserves the right to terminate any purchase order and/or Contract with the Seller in the event the Seller fails to: (a) meet delivery schedules, or (b) otherwise perform in accordance with these terms and conditions.

29. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the Purchasing Manager within five (5) working days following the opening of bids/proposals. This includes all protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures under the Local Government Code.

Post-award protests must be submitted in written form to the City Manager within five (5) working days after award. The protest must include, at a minimum, the name of protester, bid/proposal number or description of goods or services, and a statement of grounds for protest.

30. INDEMNIFICATION: SELLER AGREES TO DEFEND, INDEMNIFY AND

HOLD BUYER, 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

SELLER’S BREACH OF ANY OF THESE TERMS AND CONDITIONS OR BY ANY

NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION, INTENTIONAL TORT,

INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A

SUBCONTRACTOR OR SUPPLIER COMMITTED BY SELLER, ITS OFFICERS,

AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS

CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS

PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE

SOLE NEGLIGENCE OR FAULT OF BUYER, ITS OFFICERS, AGENTS, EMPLOYEES

OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND

CONCURRING NEGLIGENCE OR FAULT OF THE SELLER AND BUYER,

RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN

ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT WAIVING

ANY GOVERNMENTAL IMMUNITY AVAILABLE TO BUYER 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 NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,

CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

31. SEVERABILITY: In case any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

32. IMMIGRATION REFORM AND CONTROL ACT (8 U.S.C 1324a): The Buyer supports the Immigration Reform and Control Act (IRCA), which is a comprehensive scheme prohibiting the employment of unauthorized aliens in the United States. The Seller and its subcontractors shall at all times during the term of the Contract with the Buyer comply with the requirements of IRCA and shall notify the Buyer within fifteen (15) working days of receiving notice of a violation of IRCA. The Seller also warrants that it has not had an IRCA violation within the last five (5) years.

The Buyer may terminate a Contract with the Seller if the Buyer determines that (a) the Seller or its subcontractors have been untruthful regarding IRCA violations in the preceding five (5) years or (b) the Seller or its subcontractors fail to timely notify the Buyer of an IRCA violation.

33. ADA COMPLIANCE: All goods and services provided to the Buyer must be compliant with the Americans with Disabilities Act and any amendments thereto (the “ADA”) and all regulations promulgated pursuant to the ADA. Seller will be required to certify compliance, if required under the law or otherwise required by the Buyer.

34. PROTECTION OF RESIDENT WORKERS: The Buyer actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Seller shall establish appropriate procedures and controls so no services under the Contract will be performed by any worker who is not legally eligible to perform such services or employment. The Buyer reserves the right to audit Seller’s employment records to verify the existence of a completed Employment Eligibility Verification Form (I-9) for every worker performing services under the Contract. The audit will be at the Buyer’s expense.

35. TEXAS GOVERNMENT CODE CHAPTER 2252. Pursuant to Texas Government Code Chapter 2252, Subchapter F, Consultant affirms, by entering into this Contract, which is it not identified on a list created by the Texas Comptroller of Public Accounts as a company known to have Contracts with or provide supplies or services to Iran, Sudan, or a foreign terrorist organization.

36. TEXAS GOVERNMENT CODE CHAPTER 2271. Pursuant to Texas Government Code Chapter 2271, Consultant affirms that execution of this Contract serves as written verification that Consultant: (1) does not boycott Israel, as defined by Texas Government Code Section 808.001;

and (2) will not boycott Israel during the term of the Contract. This section shall not apply if Consultant employs fewer than ten (10) full-time employees, or if the funds to be paid wholly or partly from public funds of the City under this Contract are less than $100,000.00.

37. TEXAS GOVERNMENT CODE CHAPTER 2274. Pursuant to Texas Government Code Chapter 2274, Consultant verifies the following:

A. Seller: (1) does not boycott energy companies, as defined by Texas Government Code Section 809.001; and (2) will not boycott energy companies during the term of this Contract.

B. Seller: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as those terms are defined in that chapter; and (ii) will not discriminate during the term of this Contract against a firearm entity or firearm trade association.

This section shall not apply if Consultant employs fewer than ten (10) full-time employees, if the funds to be paid wholly or partly from public funds of the Buyer under this Contract are less than $100,000.00, or if this Contract is otherwise exempted from the requirements of Texas Government Code Chapter 2274.

ADDITIONAL TERMS

ANTI-LOBBYING PROVISION

During the period between proposal / sealed bid submission date and the Contract award, proposers, including their agents and representatives, shall not directly discuss or promote their proposal with any member of the City of Lewisville City Council or City staff except during City-Sponsored inquiries, briefings, interviews, or presentations, unless requested by the City.

This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that Contract decisions are made in public, and to protect the integrity of the RFP Bid Evaluation process. Violation of this provision may result in rejection of the offeror’s proposal.

LAWS AND ORDINANCES

Laws and Ordinances: The Contractor shall always observe and comply with all Federal, State, and local laws, ordinances, and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees.

PROTECTION OF RESIDENT WORKERS

Protection of Resident Workers: The City of Lewisville actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor and its subcontractors shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. The City reserves the right to audit Contractor’s or subcontractor’s employment records to verify the existence of a completed Employment Eligibility Verification Form (I-9) for every worker performing services or manufacturing products under the Contract Documents. The audit will be at the City’s expense.

IMMIGRATION REFORM AND CONTROL ACT

Immigration Reform and Control Act (8 U.S.C. §1324a): The City of Lewisville supports the Immigration Reform and Control Act (IRCA) which is a comprehensive scheme prohibiting the employment of unauthorized aliens in the United States. The Contractor shall submit a declaration signed under penalty of perjury of the laws of the State of Texas stating that it has not been found in violation of IRCA by the United States Attorney General or Secretary of Homeland Security in the preceding five (5) years. The Contractor shall ensure that its subcontractors submit a declaration signed under penalty of perjury of the laws of the State of Texas stating that they have not been found in violation of IRCA by the United States Attorney General or Secretary of Homeland Security in the preceding five (5) years. The Contractor and its subcontractors shall at all times during the term of the Contract with the City comply with the requirements of IRCA and shall notify the City within fifteen (15) working days of receiving notice of a violation of IRCA. The City may terminate a Contract with the Contractor if the City determines that (a) the Contractor or its subcontractors have been untruthful regarding IRCA violations in the preceding five (5) years; (b) if the Contractor fails to ensure that its subcontractors submit the aforementioned declaration; or (c) the Contractor or its subcontractors fail to timely notify the City of an IRCA violation.

Contractor Name Authorized Signature

Date

ANNUAL CONTRACT STANDARD PROVISIONS

Contractor and the City agree as follows:

1. TERM: The term of this annual Contract is twelve-months, with the option to extend for up to five (5) additional twelve-month periods, subject to the approval of the Contractor and the City Manager, or his designee.

2. TRANSITION TERM: Upon the expiration of the Initial Term or any subsequent Renewal Term, the Contractor shall continue performance under this Contract until the City has a new Contract in place with either the Contractor or another provider or until the City terminates the Contract. In no event shall this transition term exceed ninety (90) calendar days unless the City and the Contractor mutually agree otherwise in writing. The City will pay Contractor for all Services rendered in compliance with this Contract during this transition term. If Services rendered during this transition term are not, in the City’s judgment, in compliance with the requirements of this Contract, no payment will be owed.

3. DESCRIPTION - SALE OF GOODS AND SERVICES: Contractor will transfer and deliver to the City, and the City will pay for and accept the City’s requirements during this Contract. It is understood that quantities shown on the Bid Sheets are estimates and do not obligate the City to order or accept more than the City’s actual requirements during the Contract, nor do the estimates limit the City to ordering less than its actual needs during the Contract, subject to availability of appropriate funds.

4. PURCHASE ORDER: The City will exercise its right to specify time, place, and quantity to be delivered through the use of a purchase order.

5. PRICE ADJUSTMENT: All goods and services to be delivered pursuant to this Contract, including any extensions thereof, will be purchased at the prices stated on the Contractor’s Bid Sheet; provided that, at renewal or extension of the Contract for an additional twelve-months, the prices for goods and services to be delivered during the ensuing twelve-month period may be increased or decreased to the extent of changes in the cost of material to Contractor, as reflected in written documentation provided by the Contractor to the City.

The written documentation must allow the City the ability to verify all requested price adjustments.

6. TEXAS LOCAL GOVERNMENT CODE 552:The requirements of Subchapter J, Chapter 552, Government Code, may apply to this proposal and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

DISCLOSURE OF INTEREST

Pursuant to Chapter 176 of the Texas Local Government Code, a person or agent of a person who Contracts or seeks to Contract with the City must complete a conflict of interest questionnaire if the person or agent has an affiliation or business relationship that might cause a conflict of interest with the City. The conflict of interest questionnaire, which is available online at ethics.state.tx.us, must be filed with the City Secretary no later than the seventh (7th) business day after the person or agent begins Contract discussions or negotiations with the City or submits to the City an application, response to a request for proposal or bid, correspondence, or another writing related to a potential Contract with the City. An updated Conflict of Interest Questionnaire must be filed in accordance with Chapter 176 of the Local Government Code.

The Contractor should consult with legal counsel if they have questions regarding its compliance with the requirements of Chapter 176. It is the responsibility of each person or agent Contracting or seeking to Contract with the City to comply with the filing requirements of Chapter 176.

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INSURANCE REQUIREMENTS

GENERAL CONTRACTS FOR SERVICES

Service work, supplies requiring installation, Janitorial Services, Welding, Surveyors, Plumbing Contractors, Maintenance Contracts, Concessionaires, Tire Repairs, Tow Service, Painting, Electrical, Movers, Major street repairs and Waterline projects, etc.

Vendor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the vendor’s bid.

A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage “occurrence” form CG 00 01 (10 01). “Claims Made” form is unacceptable.

2. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance.

3. Automobile Liability - as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this Contract. Coverage not required for delivery services.

B. MINIMUM LIMITS OF INSURANCE

Vendor shall maintain limits throughout Contract not less than:

1. Commercial General Liability: $500,000 per occurrence/$1,000,000 aggregate for bodily injury, personal injury, and property damage. Policy will include coverage for:

a. Premises - Operations

b. Broad Form Contractual Liability

c. Products and Completed Operations

d. Personal Injury

e. Broad Form Property Damage

f. If applicable, Explosion Collapse and Underground (XCU) Coverage, Fire Damage, and Medical Expense.

NOTE: The aggregate loss limit applies to each project.

2. Workers’ Compensation and Employer’s Liability: Workers’ Compensation Statutory limits as required by the Labor Code of the State of Texas and Employer’s Liability minimum limits of $500,000 per injury, $500,000 per occurrence, and $500,000 per occupational disease.

3. Automobile Liability - $500,000 Combined Single Limit. Limits can only be reduced if approved by the HR Director or designee.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the City.

D. OTHER INSURANCE PROVISIONS

The policies are to contain, or be endorsed to contain the following provisions:

1. General Liability and Automobile Liability Coverages

a. The City, its officers, officials, employees, Boards and Commissions and volunteers are to be added as “Additional Insured” as respects liability arising out of activities performed by or on behalf of the vendor, products and completed operations of the vendor, premises owned, occupied, or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, or volunteers. It is understood that the business auto policy under “Who is an Insured” automatically provides liability coverage in favor of the City.

The coverage shall include defense of claims against the City as additional insured.

b. The vendor’s insurance coverage shall be primary and non-contributory insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the vendor’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, and employees, Boards and Commissions or volunteers.

d. The vendor’s insurance shall apply separately to each insured against whose claim is made or suit is brought, except to the limits of the insured’s liability.

2. Waiver of Subrogation - All Coverages

Each insurance policy required by this exhibit shall waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the vendor for the City.

3. Notice of Cancellation - All Coverages

Each insurance policy required by this exhibit shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the City, or ten (10) days prior written notice for non-payment of premium.

E. ACCEPTABILITY OF INSURERS

The City prefers that insurance be placed with insurers with an A.M. Best’s rating of no less than A-:VI, or, A or better by Standard and Poor’s.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the City with certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be provided on forms approved by the Texas Department of Insurance. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

G. HOLD HARMLESS AND INDEMNIFICATION

THE CONSULTANT/CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND

HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS

AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND

EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY

DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS

SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT

OF OR BE OCCASIONED BY CONSULTANT’S/CONTRACTOR’S BREACH OF

ANY OF THESE TERMS AND CONDITIONS OR BY ANY NEGLIGENT OR

STRICTLY LIABLE ACT OR OMISSION OR INTENTIONAL TORT,

INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A

SUBCONTRACTOR OR SUPPLIER COMMITTED BY,

CONSULTANT/CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES OR

SUBCONTRACTORS, IN THE PERFORMANCE OF THIS CONTRACT; EXCEPT

THAT THE INDEMNITY PROVIDED FOR IN THE PARAGRAPH SHALL NOT

APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE ORF

AULT OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE

CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING

NEGLIGENCE OR FAULT OF THE CONSULTANT/CONTRACTOR AND THE

CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED

IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT

WAIVING ANY GOVERNMENT AL IMMUNITY AVAILABLE TO THE CITY

UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE

PARTIES UNDER TEXAS LAW AND THE CITY’S REASONABLE ATTORNEY’S

FEES SHALL BE REIMBURSED IN PROPORTION TO THE CONSULTANT’S

LIABILITY. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE

BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR

GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER

PERSON OR ENTITY.

Lewisville 2025 - Sustainability

Lewisville City Council unanimously adopted the Lewisville 2025 plan on July 14, 2014. The plan was developed after more than a year of public input and discussion that garnered hundreds of ideas and suggestions. That input was studied extensively by the Lewisville 2025 Steering Committee, City staff and professional consultants and formulated into the Lewisville 2025 plan. The plan provides a clear shared vision for the kind of community Lewisville wants to be when it turns 100 years old in 2025: a place that people choose to live, work and visit.

Lewisville 2025 identifies nine “Big Moves” to guide the community’s efforts toward being a thriving, desirable community. One of these Big Moves is sustainability. Lewisville defines sustainability in this way:

Limited resources, such as land, water, energy, clean air, natural assets, and public funds are used efficiently to provide a desirable quality of life and business climate today without reducing Lewisville’s ability to provide the desired quality of life and business climate for success of future generations.

The Purchasing Division’s goal is to support and encourage sustainable management practices through the purchase and use of materials, products and services that demonstrate environmental stewardship as well as fiscal and social responsibility. To that end, Lewisville will consider environmental factors such as but not limited to, recycled content, product life cycle, waste reduction, energy efficiency, toxicity, water consumption, and human health impacts when making purchasing recommendations.

To assist City staff with evaluating these factors, prospective vendors may be required to provide specific information about their products and services that addresses environmental impacts.

Does Product or Service:

Yes No Details

Reduce energy consumption

Reduce toxicity, including emissions

Reduce waste

Contain recyclable materials

Reduce water consumption

List other environmental impacts

Attach supporting documentation if needed

PURCHASING DIVISION - REQUIRED DOCUMENT

SIMILAR PROJECTS

List three similar projects successfully completed in the past five years by the individual, firm, or project manager assigned to the project. Attached additional sheets if necessary.

Completed Project #1

Agency/company:

Project Occurred Within the Past 10 Years: ☐ Yes ☐ No

(If “No,” do not include this project.)

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year)

FEMA Reimbursed (Fully / Partially): ☐ Yes ☐ No

If yes, percentage or amount reimbursed: ____________________________

FEMA Project Worksheet (PW) Number(s): _____________________________

Category of Work (A, B, etc.): ____________________________________

Total Cubic Yards Collected: ______________________________

(Only projects exceeding 200,000 cubic yards should be listed)

Name(s) of assigned personnel:

Project manager:

Others:

Completed Project #2

Agency/company:

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Completed Project #2 (cont’d)

Name(s) of assigned personnel:

Completed Project #3

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Name(s) of assigned personnel:

REFERENCES

Below (or on an attached sheet), provide the references required by the RFP for Disaster Debris Management Services. Include the name, address, and telephone number for each organization for which you are currently providing services or have provided services within the past five (5) years. If the project qualified for federal Public Assistance reimbursement—governmental or private—please indicate that as well. This form may be duplicated as needed.

REFERENCE #1

Name of Client:

Address:

Phone: (______)__________________________ Fax: (______)

Contact Person: _____________________________________ Title:

Description of services:

Was the project reimbursed through public funding, such as FEMA?_______________________

REFERENCE #2

Name of Client:

Address:

Phone: (______)__________________________ Fax: (______)

Contact Person: _____________________________________ Title:

REFERENCE #3

Name of Client:

Address:

Phone: (______)__________________________ Fax: (______)

Contact Person: _____________________________________ Title:

QUALIFICATIONS & AVAILABILITY

Methods of Operation

Describe the respondent’s operational approach, including:

Mobilization Process Field Monitoring Procedures Documentation and FEMA PA Compliance Workflow Scaling of personnel based on debris volume Daily reporting and supervisory review

Staffing Resources and Availability

Total Personnel Available for Deployment:___________________________________________

Employees (number / percentage): _________________________________________________

Independent Contractors (number / percentage): _______________________________________

Surge Staffing Capacity:

Geographic Availability: Indicate whether staff are pre-positioned in Texas, regionally, or nationally.

Equipment

Equipment Available for Project Support:

Ownership Structure:

Owned (number / percentage):_____________________________________________________

Leased (number / percentage):_____________________________________________________

Rented (number / percentage):_____________________________________________________

Subcontracted (number / percentage): _______________________________________________

Training, Qualifications, and Oversight

Describe training and QA/QC elements such as:

● FEMA PA and debris monitoring training

● Safety programs and certification tracking

● Supervisor-to-monitor ratios

● Daily Quality Assurance/Quality Control review processes

Summary Statement

Project Occurred Within the Past 10 Years: ☐ Yes ☐ No

(If “No,” do not include this project.)

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

FEMA Reimbursed (Fully / Partially): ☐ Yes ☐ No

If yes, percentage or amount reimbursed: ____________________________

FEMA Project Worksheet (PW) Number(s): _____________________________

Category of Work (A, B, etc.): ____________________________________

Total Cubic Yards Collected: ______________________________

(Only projects exceeding 200,000 cubic yards should be listed)

Name(s) of assigned personnel:

Technical Approach, Operational Plan & FEMA Reimbursement Strategy

Respondent shall complete all sections below. Use additional sheets if necessary. Do not include pricing in any part of this deliverable. Examples may be provided strictly for illustrative purposes.

OVERALL OPERATIONAL PLAN FOR DEBRIS REMOVAL

Provide a comprehensive description of the respondent’s plan to conduct debris removal operations in accordance with the Scope of Services.

Overall Plan:

MOBILIZATION WITHIN 18 HOURS OF TASK ORDER

Respondent shall detail its ability to begin providing services—at the level agreed upon in the mobilization clause—within eighteen (18) hours of issuance of a Task Order.

Mobilization Plan (0–18 Hours):

Demobilization Plan:

METHODS OF OPERATION

Describe the methods, workflows, and processes the respondent will use to perform the Contract.

Include field operations, monitoring, supervision, reporting, staging, debris site management (if applicable), and daily oversight.

Narrative Description of Methods:

OBLIGATIONS OF THE CITY

Respondent shall specifically identify any services, authorizations, coordination points, or operational requirements that must be provided by the City in order for the respondent to execute the work as proposed.

City Obligations / Dependencies:

CAPACITY TO MANAGE MULTIPLE CONTRACTUAL OBLIGATIONS

Respondent shall describe its ability to support this Contract while simultaneously managing other ongoing disaster, debris, or municipal contracts.

Capacity Description:

ACTIVATION OF MULTIPLE CONTRACTS

Respondent shall describe its ability to activate, staff, and supervise multiple contracts simultaneously, including surge staffing and resource allocation procedures.

Ability to Manage Multiple Activations:

FLEET & MANPOWER RESOURCES

Respondent shall provide detailed information on fleet, equipment, and personnel resources.

Prime and subcontractor resources must be delineated separately.

7.1 Prime Contractor Resources

Fleet (Type, quantity, availability):

Manpower (Supervisors, monitors, drivers, QA/QC, admin, etc.):

7.2 Subcontractor Resources

Fleet (Type, quantity, availability):

Manpower:

DOCUMENTATION & RESOLUTION OF DAMAGES

Respondent shall outline its procedures for documenting, reporting, and resolving damages caused during debris operations, including communication with residents and the City.

Damage Documentation & Resolution Plan:

INVOICING & DATA MANAGEMENT

Describe systems and procedures used to record work performed, track quantities, manage data, reconcile tickets, and prepare invoices. Identify any software platforms or technologies used.

Invoicing & Data Management Approach:

FEMA PUBLIC ASSISTANCE REIMBURSEMENT STRATEGY

Respondent shall provide a narrative outlining its approach to ensuring all documentation is suitable for FEMA reimbursement. No pricing shall be included.

10.1 Documentation & Compliance Approach

10.2 Internal Controls & QA/QC for FEMA Records

10.3 Non-Pricing Example of Supported FEMA Documentation

(Provide an illustrative example only—no costs, rates, or pricing.)

ADDITIONAL INFORMATION (OPTIONAL)

Respondent may provide supplemental descriptions, examples of prior large-scale FEMA-compliant operations, or any innovative approaches that strengthen the proposal.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

“Non-federal entities and Contractors are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR 180. These regulations restrict awards, subawards, and Contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” (2 CFR 200.212)

This certification is required by regulations implementing Executive Order 12549, Debarment and Suspension, for all lower-tier transactions meeting the threshold and tier requirements. (2

CFR 180.300)

TERMS DEFINED

Nonprocurement Transaction: A transaction under federal non-procurement programs, which can be either a primary covered transaction or a lower-tier covered transaction. (2 CFR 180.970)

Lower-Tier Covered Transaction: (1) Any transaction between a participant and a person other than a procurement Contract for goods or services, regardless of type, under a primary covered transaction; (2) any procurement Contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed $25,000; (3) any procurement Contract for goods or services between a participant and a person under a covered transaction, regardless of amount

Participant: Any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. (2 CFR 180.980)

Principal: An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction;

or a consultant or other person, whether or not employed by the participant or paid with federal funds, who (1) is in a position to handle federal funds; (2) is in a position to influence or control the use of those funds; or (3) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR 180.995)

System for Award Management (SAM) Exclusions: The list maintained and disseminated by the General Services Administration (GSA) containing names and other information about persons who are ineligible. (2 CFR 180.945).

Debarment: Action taken by a debarring official to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (2 CFR 180.925)

Suspension: Action taken by a…