Invitation to Bid- TPWD Pacific Park- Multi Purpose Sports Pavillion.pdf

CITY OF SULPHUR SPRINGS

GENERAL CONDITIONS

AND

SPECIFICATIONS

FOR

REQUEST FOR SEALED BID FOR CONSTRUCTION OF

SPORTS PAVILION:

TPWD GRANT- PACIFIC PARK

Pre-Bid Meeting:

Thursday, May 12th @ 10:30 A.M.

CLOSING DATE

TUESDAY, May 24, 2022

10:00 A.M.

Contract award date: Tuesday, June 7, 2022

SEALED BIDS ARE TO BE SUBMITTED TO SULPHUR

SPRINGS PURCHASING ONLY AT ADDRESS INDICATED IN

THE BID DOCUMENT

Bids must be delivered per this notice

NOTICE

SEALED bids will be received by the City of Sulphur Springs, Sulphur Springs, Texas, only at the office of Ashley Floyd, Purchasing Agent, Business Office, 125 S. Davis St., Sulphur Springs, Texas

75482 until 10:00 A.M. on the 24th day of May, 2022 at which time responses duly delivered and submitted will be considered for supplying the following:

REQUEST FOR SEALED BIDS FOR CONSTRUCTION OF SPORTS PAVILION FOR

TPWD PACIFIC PARK GRANT

SEALED bids must be delivered in person or by mail service before 10:00 a.m., on Tuesday, May 24, 2022 at the City of Sulphur Springs Business Office, Ashley Floyd, 125 S. Davis St., Sulphur Springs, Texas 75482. Response must have written on the envelope: “ITB for Sports Pavilion for Pacific Park

– City of Sulphur Springs – Attention Ashley Floyd.” Any submission received after stated closing time will be returned unopened. Bids will be opened and read aloud at 10:15 A.M. at the City Hall located at 201 N. Davis St. Information concerning the bid process/procedures may be obtained by contacting Ashley Floyd, Purchasing Agent at (903) 439-3758. Written and emailed inquiries are permitted but bids cannot be submitted via email. Information concerning the bid specifications may be obtained by contacting Lesa Smith, Finance Director, through email at lsmith@sulphurspringstx.org. Please copy Tory Niewiadomski (tory@sulphurspringstx.org) on any technical questions. A pre bid meeting will be held on May 12th at 10:30 A.M. Details are provided in the specifications. All written inquiries must be submitted no later than 1:00 P.M., May 17, 2022. Every interpretation made to a Bidder will be in the form of an Addendum. It is important that all respondents have a clear understanding of the specifications and scope of work required in this solicitation. All contractors and/or subcontractors who are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. The City of Sulphur Springs reserves the right to reject any or all bids, to waive any informalities in the bids and bidding deemed to be in the best interests of the City of Sulphur

Springs, and to reject nonconforming, nonresponsive, or conditional bids. If a bid security is required

(bid in excess of $100,000) and not included in the submitted bid, the bid will be considered non-responsive. Qualified DBE firms are encouraged to submit bids. This project is federally funded through Texas Parks and Wildlife Department. Please take careful consideration of all Federal and

State requirements as written in the bid specifications.

City of Sulphur Springs, Texas

Lesa Smith, Finance Director

Publication Dates: Saturday, April 23, 2022

Saturday, April 30, 2022

Closing Date: Tuesday, May 24, 2022 @ 10:00 A.M.

INVITATION TO BID ON THE CONSTRUCTION OF A SPORTS

PAVILION FOR TPWD PACIFIC PARK GRANT

Introduction

The City of Sulphur Springs is seeking bids from a qualified general contractor to construct a new sports pavilion at Pacific Park, including structure, foundation, surfacing, subgrade, striping, equipment, lighting, electrical, materials and labor.

Approximate Project Location

413 E. Beckham St., Sulphur Springs, Texas 75482

Owner/ Owner’s Representative

City of Sulphur Springs / Tory Niewiadomski Email: tory@sulphurspringstx.org

Engineer

MHS Planning and Design

Type of Contract

General Contract (all trades)

Bid Submittal and Opening

DELIVER PER INSTRUCTIONS IN BID NOTICE

Bid Date: Tuesday, May 24, 2022

Bid Time: 10:00 A.M.

Drop off or Mail Delivery:

City of Sulphur Springs Business Office

125 S. Davis St.

Sulphur Springs, TX 75482

Bid Opening: Bid opening will occur at 10:15 A.M. at the location below

City Hall Council Chambers

201 N. Davis St.

Sulphur Springs, TX 75482

Bid Security: 5% of the bid amount must be included with the bid

Pre-Bid Meeting 10:30 A.M., Thursday, May 12th

City of Sulphur Springs City Hall

Conference Room- 2nd Floor

201 N. Davis St.

Sulphur Springs, TX 75482

Deadline for questions, clarifications and interpretations

May 17, 2022 at 1:00 P.M.

Bid Submission Checklist: All items must be turned in with bid

Upon award of bid- this specification, all submitted documents and contract are to serve as the contract.

◻ Completed Bid Form- (included in this packet)

◻ Statement of Bidder’s Qualifications

◻ Non-collusion affidavit of Prime Bidder

◻ Completed Conflicts of Interest Questionnaire- If no conflicts, write “N/A” on form

◻ Printout of System for Award Management (SAM) record search for company name and company principal

◻ Certification of Bidder Regarding Civil Rights Laws and Regulations

◻ If bid is over $100,000- Certification of Lobbying

◻ If bid is over $100,000- 5 % Bid Security is required with bid submission

If awarded contract, the following will be required (do not turn in with bid):

◻ Form 1295- must be completed online, printed & signed prior to council meeting

◻ Signed contract- to be provided after award

◻ Performance Bond

◻ Payment Bond

◻ Copies of all required insurances

◻ W9 and Vendor Information Form

CONSTRUCTION

INSTRUCTIONS TO BIDDERS

1. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to Lesa Smith, lsmith@sulphurspringstx.org, and CC: Tory Niewiadomski, tory@sulphurspringstx.org no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven (7) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda.

2. Pre-Bid Meeting & Inspection of Site

A pre-bid meeting will be held on Thursday, May 12, 2022 at 10:30 A.M. in the City Hall conference room located on the second floor of the City Hall at 201 N. Davis St., Sulphur Springs, TX 75482. Virtual attendance will be available. Please contact Lesa Smith at lsmith@sulphurspringstx.org to obtain the virtual meeting login information.

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

3. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

4. Bids

a) All bids must be submitted on the forms provided.

b) All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

c) Bid documents, including the bid, and the bid bond shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project name, name of bidder and the date and time of bid opening.

d) The City of Sulphur Springs may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

e) If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any.

5. New Equipment and Materials

Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States.

6. Specifications, Brand Name or Equivalent

Unless otherwise indicated in the detailed specifications of this solicitation, the use of a specific brand name or make/model is for illustrative purposes only, and the City will consider equivalent products. If a commodity or service put forth by a bidder is rejected as not being equivalent, the Purchasing Agent will notify the bidder of the rejection.

7. Taxes

The City does not and will not pay sales tax or federal excise tax. The Finance Department will furnish a tax exempt certificate upon request.

mailto:lsmith@sulphurspringstx.org

8. Waste Collection and Disposal

Do not include waste collection and disposal costs in the bid. The City will not pay for waste collection and removal. A roll-off container will be provided on site as needed for the contractor.

9. Bid Bond

A bid bond in the amount of 5% of the bid issued by an acceptable surety is required with each bid for contracts that exceed $100,000. A certified check payable to the City of Sulphur Springs may be submitted in lieu of the Bid Bond.

10. Corrections

Erasures or other corrections in the bid must be noted over the signature of the bidder.

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered.

12. Opening of Bids

The City of Sulphur Springs shall, at the time and place fixed for the opening of bids, publicly open and read aloud each bid, irrespective of any irregularities therein. Bids are not awarded at the bid opening. Bid responses will be firm for thirty (30) days, unless otherwise specified by the Purchasing Agent in writing.

13. Withdrawal of Bids

Bidder may withdraw the Bid before the time fixed for the opening of Bids by communicating its purpose in writing to the City of Sulphur Springs. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. The bid guaranty of any bidder withdrawing his bid in accordance with the above will be returned promptly.

14. Award of Contract/Rejection of Bids

The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The City of Sulphur Springs reserves the right to reject any or all bids where such rejection is in its interest.

15. Execution of Agreement

The failure of the successful bidder to execute the agreement and supply the required bonds thirty (30) days from the date of the notice of award, or within such extended period as the City of Sulphur Springs may grant shall constitute a default and the City of Sulphur Springs may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the City of Sulphur Springs may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the City of Sulphur Springs for a refund.

16. Performance and Payment Bonds

a. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of

$100,000 with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to obtain a Performance Bond in the amount of the contract before commencing with work

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the Notice of Award. For

Municipalities, if the contract is in excess of $50,000, a payment bond is required.

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option, either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

17. Equal Employment Opportunity

Bidder is required to ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and must comply with other civil rights requirements.

18. Certification Regarding Lobbying

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 USC § 1352.

Item # Quantity/Unit Item Description & Written Price Unit Price Total

1 LS

Mobilize for the Project, including but not limited to project start-up and delivery of equipment _____________________________ Dollars _____________________________ Cents

2 LS

Building Subgrade Prep, including but not limited to labor and materials _____________________________ Dollars _____________________________ Cents

3 LS

Sports Pavilion, including but not limited to materials and labor for foundation, columns, roof, signage, masonry, adjacent shade area, slab and striping.

_____________________________ Dollars _____________________________ Cents

4 LS

Electrical at pavillion, included but not limited to sports lighting, security lighting and power outlets.

_____________________________ Dollars _____________________________ Cents

5 LS

Site furniture, including but not limited to basketball and volleyball equipment at pavillion area.

_____________________________ Dollars _____________________________ Cents

Total Base Bid $ ____________________________ Dollars

_____________________________ Cents

Bid Proposal

Client: City of Sulphur Springs Project: Pacific Park Pavilion

The following bid items to include all labor, tools, equipment, superintendence, materials, performance and payment bonds and any other requisite necessary to perform the work stated in accordance with the plans & specifications, complete and in place.

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information it desires.

Date: ________________________________

Bidder (Legal Name of Firm):

Date Organized:

Address :

Date Incorporated

Federal ID Number: ____________________________

Number of Years in contracting business under present name

List all other names under which your business has operated in the last 10 years:

Work Presently Under Contract:

Contract Amount $ Completion Date

Type of work performed by your company:

Total Staff employed by Firm (Break down by Managers and Trades on separate sheet):

Have you ever failed to complete any work awarded to you? Yes No

(If yes, please attach summary of details on a separate sheet. Include brief explanation of cause and resolution)

Have you ever defaulted on a contract? Yes No

(If yes, please attach summary of details on a separate sheet.)

Has your organization had any disbarments or suspensions that have been imposed in the past five years or that was still in effect during the five year period or is still in effect? Yes No

(If yes, list and explain; such list must include disbarments and suspensions of officers, principals, partners, members, and employees of your organization.)

List the projects most recently completed by your firm (include project of similar importance):

Project Amount $ Mo/Yr Completed

Major equipment available for this contract:

Are you in compliance with all applicable EEO requirements? Yes No

(If no, please attach summary of details on a separate sheet.))

Bank References

Address: __________________________________ Contact Name: _______________

City & State: _____________________Zip: ____________________Phone Number: _______________

Credit available: $

Has the firm or predecessor firm been involved in a bankruptcy or reorganization? Yes No

(If yes, please attach summary of details on a separate sheet.)

List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last five (5) years with amount of claim and brief description.

List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5) years and brief explanation of claim and outcome.

Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project.

Signed this ______ day of _______________________, 20____.

Signature

Printed Name and Title

Company Name

Notary Statement:

______________________________, being duly sworn, says that he/she is the

_________Position/Title____________of________________________ (Firm Name), and hereby swears that the answers to the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and requests any person, firm, or corporation to furnish any information requested

City/County of _____________________ in verification of the recitals comprising this Statement of

Bidder's Qualifications.

Subscribed and sworn before me this _________day of __________, 20____.

Notary Public

Signature

Printed Name

My Commission Expires: _______________, The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of Texas )

County of )

, being first duly sworn, deposes and says that:

(1) He/She is of , the Bidder that has submitted the attached Bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the

Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such

Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other

Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed

Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Title

Subscribed and sworn to me this day of .

By:

Notary Public

My commission expires

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/202113 of 42

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

CONTRACTOR CERTIFICATIONS

U.S. Department of Housing and Urban Development

CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS

INSTRUCTIONS

CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans’ rights.

NAME AND ADDRESS OF BIDDER (include ZIP Code)

CERTIFICATION BY BIDDER

Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.

Yes No

The undersigned hereby certifies that:

The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract.

The Equal Opportunity clause is included in the Contract (if bid equals or exceeds $10,000).

Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

Certification Regarding Lobbying

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure

Act of 1995).

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Printed Name and Title of Contractor’s Authorized Official

Date

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto (City/County) hereinafter called the "Local Public Agency”, in the penal sum of Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of

, the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body.

(SEAL)

(SEAL)

Attest: By:

Affix

Corporate

Seal

Affix

Corporate

Countersigned

By

* Attorney-in-Fact, State of Texas

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the Corporation named as Principal in the bid bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, on behalf of said corporation by authority of its governing body.

Corporate

Title:

* Power-of-attorney for person signing for Surety Company must be attached to bond.

Information on pages that follows is informational only.

Do not turn in with bid.

SAMPLE CONSTRUCTION CONTRACT (DO NOT TURN IN WITH BID)

THIS AGREEMENT made this the __________ day of ___________________, ______, by and between

____________________________ (a corporation organized and existing under the laws of the State of

_____________) (a partnership consisting of _______________) (an individual trading as

_______________________) hereinafter called the “Contractor”, and the City of Sulphur Springs, hereinafter called the “City.”

WITNESSETH, that the Contractor and the City for the considerations stated herein mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project;

namely, SPORTS PAVILION: TPWD GRANT- PACIFIC PARK, all in strict accordance with the contract documents including all addenda thereto, numbered __________________, dated ___________ and

_________, all as prepared by ____________________ acting and in these contract documents preparation, referred to as the “Engineer”.

ARTICLE 2. The Contract Price. The City will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in contract documents hereof.

ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:

a. This Agreement (pgs. 1-3) f. General Conditions, Part I

b. Addenda g. Special Conditions

c. Invitation for Bids h. Technical Specifications

d. Instructions to Bidders i. Drawings (as listed in the Schedule of Drawings)

e. Signed Copy of Bid j. Any other applicable documents

ARTICLE 4. Performance. Work, in accordance with the Contract dated _________________, ________, shall commence on or before ___________________, _______, and Contractor shall complete the WORK within _________________ consecutive calendar days thereafter. The date of completion of all WORK is therefore ________________________, ________.

This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate original copies on the day and year first above written.

(The Contractor)

By______________________

Title___________________________

(City)

By____________________________

Title___________________________

Corporate Certifications

I, ______________________________, certify that I am the _________________ of the corporation named as Contractor herein; that ___________________________, who signed this Agreement on behalf of the Contractor, was then ___________________________ of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate ________________________________

Seal (Corporate Secretary)

CONSTRUCTION

GENERAL TERMS AND CONDITIONS

1. Contract and Contract Documents

(a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas

Department of Parks and Wildlife through a Grant and is subject to all applicable Federal and State laws and regulations.

(b) The Plans, Specifications and Addenda shall form part of this contract and the provisions thereof shall be binding upon the parties as if they were herein fully set forth.

2. Definitions

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined:

(a) The term "Contract" means the Contract executed between the City of Sulphur Springs, hereinafter called the “City” and (Name of Construction Co.), hereinafter called “Contractor”, of which these

GENERAL CONDITIONS, form a part.

(b) The term "Project Area" means the area within the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract.

(c) The term "Engineer" means MHS Planning and Design, Engineer in charge, serving the City with architectural or engineering services, his successor, or any other person or persons, employed by the

City for the purpose of directing or having in charge the work embraced in this Contract.

(d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda

(if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special

Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings).

3. Supervision by Contractor

(a) Except where the Contractor is an individual and personally supervises the work, the Contractor shall provide a competent superintendent, satisfactory to the Engineer, on the work at all times during working hours with full authority to act as Contractor’s agent. The Contractor shall also provide adequate staff for the proper coordination and expediting of his work.

(b) The Contractor shall be responsible for all work executed under the Contract. Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

4. Subcontracts

(a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until Contractor has verified the subcontractor is eligible to participate in federally funded contracts.

(b) No proposed subcontractor shall be disapproved by the City except for cause.

(c) The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.

(d) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City.

5. Fitting and Coordination of Work

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract.

6. Payments to Contractor

(a) Partial Payments

1) The Contractor shall prepare the requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment, and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer.

2) Monthly or partial payments made by the City to the Contractor are advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the City. Such payments shall not constitute a waiver of the right of the City to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the City in all details.

(b) Final Payment

1) After final inspection and the acceptance by the City of all work under the Contract, the Contractor shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments.

2) Before paying the final estimate, City shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor. The City may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract.

3) Any amount due the City under Liquidated Damages shall be deducted from the final payment due the contractor.

(c) Payments Subject to Submission of Certificates

Each payment to the Contractor by the City shall be made subject to submission by the Contractor of all written certifications required of it and its subcontractors.

(d) Withholding Payments

The City may withhold any payment due the Contractor as deemed necessary to protect the City, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the City and will not require the City to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the City elects to do so. The failure or refusal of the City to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

7. Changes in the Work

(a) The City may make changes in the scope of work required to be performed by the Contractor under the

Contract without relieving or releasing the Contractor from any obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise.

Additionally, all such change orders must be approved by TPWD prior to execution of same.

(b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the

City authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract

Price will be valid unless so ordered.

(c) If applicable unit prices are contained in the Contract, the City may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%).

(d) Each change order shall include in its final form:

1) A detailed description of the change in the work.

2) The Contractor's proposal (if any) or a confirmed copy thereof.

3) A definite statement as to the resulting change in the contract price and/or time.

4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract.

8. Claims for Extra Cost

(a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the City, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

(b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued.

(c) Any discrepancies which may be discovered between actual conditions and those represented by the

Drawings and maps shall be reported at once to the City and work shall not proceed except at the

Contractor's risk, until written instructions have been received from the City.

(d) If, on the basis of the available evidence, the City determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed.

9. Termination, Delays, and Liquidated Damages

(a) Right of the City to Terminate Contract for Convenience

City may at any time and for any reason terminate Contractor’s services and work at City’s convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date.

Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by

Contractor as are permitted by the prime contract and approved by City; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph (1) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against City for any additional compensation or damages in the event of such termination and payment.

(b) Right of the City to Terminate Contract for Cause

In the event that any of the provisions of this contract are violated by the Contractor, or by any subcontractors, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the

Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the City for any excess cost incurred. In such event the City may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

(c) Liquidated Damages for Delays.

If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price

Contract provided, the Contractor shall pay to the City as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $50 for each calendar day of delay, until the work is completed. The Contractor and Contractor’s sureties shall be liable to the City for the amount thereof.

(d) Excusable Delays.

1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of…