5-08 - Additional Terms.pdf

PDF 71 KB Posted

Attached to
LLELA Kayak Launch
Solicitation number
26-73-C
Issued by
Denton County, Little Cypress CDP, Texas

About this file

This is an Additional Terms document from the City of Lewisville Purchasing Division that establishes compliance and operational requirements for contractors bidding on the LLELA Kayak Launch project in Texas. The project encompasses construction of a new kayak launch facility with associated site improvements including demolition of existing structures, grading, erosion control, vegetation and fence removal, concrete pavement and sidewalks, ADA-compliant parking with striping, signage, gravel road and parking improvements, pipe fencing and gates, and launch surface installation. All services and goods must comply with Americans with Disabilities Act requirements and regulations. Award decisions will be made in accordance with Local Government Code Chapter 252.

The document establishes several mandatory compliance requirements for contractors and subcontractors. Proposers are prohibited from directly discussing or promoting their proposals with City Council members or staff between submission and award, except during City-sponsored activities, to maintain procurement integrity. All contractors must comply with federal, state, and local laws and indemnify the City against violations. Contractors and subcontractors must verify employment eligibility through I-9 forms for all workers and comply with the Immigration Reform and Control Act, submitting signed declarations under penalty of perjury that neither they nor their subcontractors have been found in violation of immigration laws in the preceding five years. The City reserves the right to audit employment records and may terminate contracts for untruthful IRCA declarations, failure to ensure subcontractor compliance, or failure to timely report violations.

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CITY OF LEWISVILLE

PURCHASING DIVISION

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

Contractor Name:
Date:

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