City of Terrell

Public Restroom in

Kings Creek Park

TPWD Local Park Contract #48-01273

Advertisement and Request for Proposals

The City of Terrell is accepting proposals to design and install a public restroom in Kings Creek Park in Terrell, Texas associated with the Texas Parks and Wildlife Department – Local Park Grant Program until 2 PM, Thursday, September 24, 2026 at Terrell City Hall, 201 E Nash Street, Terrell, Texas 75160. Proposals will be publicly opened and read aloud at 2:00 PM on Thursday, September 24, 2026 at Terrell City Hall.

All submittals must be clearly addressed to the Finance Director, City of Terrell and include the solicitation name “Kings Creek Park Restroom – No. 26-17”

Proposal/Contract Documents, including Design Standards, are on file at Terrell City Hall, 201 Nash Street, Terrell, Texas 75160 or available online at https://www.cityofterrell.org/bids.aspx .

A pre-submission meeting will be held on September 15, 2026 at 2 PM at City of Terrell - City Hall 201 E. Nash St,Terrell, Texas 75160.

The City of Terrell will evaluate and consider award of the project based upon a weighted evaluation of the following criteria: Experience, Work Performance, Capacity to Perform, Timeline, and Proposed Cost. Proposals may be held for a period not to exceed 90 days from the due date for the purpose of reviewing and evaluating proposals prior to the contract award. A single contract will be awarded from this RFP and will include both design and installation/construction services.

All contractors/subcontractors that 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 successful proposer must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin.

The City of Terrell is an Affirmative Action/Equal Opportunity Employer. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit proposals.

This project is being supported, in whole or in part, by federal award number 48-01273 awarded to City of Terrell by the National Park Service.

https://www.cityofterrell.org/bids.aspx

INSTRUCTION TO PROPOSERS

FOR CONSTRUCTION

1. Use of Separate Forms

These contract documents include a complete set of proposal and contract forms which are for the convenience of the proposers and are not to be detached from the contract document, completed or executed.

2. Interpretations or Addenda

No oral interpretations will be made to any proposer. Each request for clarification shall be made in writing and submitted via email to bsantaana@terrelltx.gov and jmcadams@publicmgt.com no later than 2PM on September 15, 2026. A pre-submission meeting will also be conducted at City Hall at 2PM on September 15, 2026 where prospective respondents can ask questions. If needed, an Addendum to the contract documents will be distributed to all parties holding contract documents no later than September 17, 2026. It is, however, the proposer's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all proposers shall be bound by such addenda, whether or not received by the proposers.

If an addendum to the proposal package is necessary, it must be distributed to each potential proposer. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in proposal preparation (usually at least one week). If adequate time is not available, the proposal due date must be extended and the Grant Recipient must republish the invitation for proposals containing the place, time, and date for the new proposal opening. Note that any change to the original proposal opening date will require republication of the invitation for proposals at least once in a locally published newspaper. The republished notice will include the place, time and date for the new proposal opening and must be published at least seven days prior to the new proposal opening date.

3. Inspection of Site

Each proposer 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 proposer 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 proposal submission.

mailto:bsantaana@terrelltx.gov

4. Alternate items

No alternate items will be considered unless they are specifically requested by the design standards or approved in writing by the City.

5. Proposals

a. All proposals must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

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

c. Respondents can submit a completed Schedule 1, Schedule 2, or Both and still be considered responsive. Respondents are not required to submit a proposal for both Schedules in order to be considered complete and responsive. The City will evaluate each submitted Schedule separately using the identified evaluation criteria.

d. Proposal documents, including but not limited to the proposal, the contractor’s certifications, local opportunity plan, and the Statement of the Bidder’s Qualifications, shall be sealed in an envelope and clearly labeled with the words "Kings Creek Park Restroom – No. 26-17”, name of proposer and the date and time of proposal opening.

e. The City / County may consider as irregular any proposal on which there is an alteration of or departure from the proposal form and, at its option, may reject any irregular proposal.

f. If a contract is awarded, it will be awarded to a responsible proposer on the basis of the identified evaluation criteria. The contract will require the completion of the work in accordance with the contract documents.

6. Proposal Modifications Prior to Due Date

a. Any proposer may modify its proposal by submitting a modification or supplemental proposal at any time prior to the scheduled closing time for receipt of proposals, provided such modification or supplemental proposal is received by the locality prior to the closing time. The modification or supplemental proposal should not reveal the original proposal price but should provide only the addition, subtractions or other modifications to the original proposal so that the final prices or terms will not be known by the locality until the proposal is open.

7. Reserved

8. Statement of Bidders Qualifications

Each proposer shall submit on the form furnished for that purpose a Statement of The Bidder's Qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the proposer to perform its obligations under the contract, and the proposer shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any proposal where an investigation of the available data does not satisfy the Grant Recipient that the proposer is qualified to carry out properly the terms of the contract.

9. RESERVED

10. Corrections

Erasures or other corrections in the proposal must be noted over the signature of the proposer.

11. Time for Receiving Proposals

Proposals received prior to the advertised hour of opening shall be kept securely sealed.

The officer appointed to open the proposals shall decide when the specified time has arrived and no proposal received thereafter will be considered. It is the sole responsibility of the proposer to ensure their submission arrives and is correctly received by the City by the stated due time.

12. Opening of Proposals

The City shall, at the time and place fixed for the opening of proposals, open each proposal and publicly read it aloud, irrespective of any irregularities therein. Proposers and other interested individuals may be present.

13. Withdrawal of Proposals

Proposer may withdraw the proposal before the time fixed for the opening of proposals, by communicating its purpose in writing to the City by emailing bsantaana@terrelltx.gov. Upon receipt of such notice, the unopened proposal will be returned to the proposer.

14. Evaluation of Proposals and Contract Award

a. The City shall evaluate and consider award of the project based upon the criteria below and grade each proposal according to the Owner’s needs. Proposals will be evaluated based on a weighted matrix developed by the Owner. This weighted matrix is included below as the “Appendix to the Instructions to Proposers.”

mailto:bsantaana@terrelltx.gov

b. The City will evaluate each submitted Proposal Schedule separately using the evaluation form. Respondents can submit a proposal that includes only one or both Schedules and still be considered responsive.

b. The contract will be awarded to the Proposer (and Schedule) that obtains the highest evaluation score and presents the best value to the City. The Proposer selected will be notified at the earliest possible date. The locality reserves the right to reject any or all proposals and to waive any informality in proposals received where such rejection or waiver is in its interest.

15. Execution of Agreement/Performance and Payment Bonds

a. The awarded Proposer will be required to execute and provide a Payment Bond and Performance Bond, as applicable, before the City grants authorization to proceed with the construction phase of this contract. The awarded Proposer will not be required to obtain bonds during the design phase of this contract. Failure of the successful Proposer to supply the required bonds within thirty (30) days of the design approval by the City shall constitute a default and the locality may, at its option, either award the contract to the next highest scoring respondent, or re-advertise for proposals. In either case, the locality may charge against the Proposer the difference between the amount of the proposal, and the amount for which a contract is subsequently executed. If a more favorable proposal is received through re-advertisement, the defaulting Proposer shall have no claim against the locality for a refund.

b. 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

c. 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:

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

16. Buy America, Build America Act (BABA)

Attention is called to the requirements to provide and install equipment and materials that comply with the requirements of the Buy America, Build America Act (BABA). This generally requires that all permanently installed equipment and materials are manufactured in the United States in compliance with Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. This includes iron and steel products, manufactured products, and construction materials.

17. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

18. Certification Regarding Lobbying

Contractors who apply or submit a proposal 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.

Appendix to the Instructions to Proposers Kings Creek Park Restroom RFP Rating Sheet

Name of Proposing Firm Delivery Method Evaluator's Name

Experience -- Rate the respondent for experience in the following areas:

Factor Max.Pts. Score

1. Has worked on federally funded projects 2

2. Extent of experience in public park restroom project design-build contracts

3. Extent of experience constructing in a floodplain 3 _______ Subtotal, Experience 10

Work Performance Factor Max.Pts. Score

1. Past projects completed on schedule 5

2. Manages projects within budgetary constraints 5

3. Work product consistently high quality with few errors 5

Subtotal, Performance 15 Capacity to Perform

Factor Max.Pts. Score

Adequacy of Staffing and Resources 5 Subtotal, Capacity to Perform 5

Timeline Factors Max.Pts. Score

A = Shortest Timeline: Days _______________ B = Proposer’s timeline: Days_______________ A ÷ B x 10 equals respondent’s score 10

Proposed Cost Factors Max.Pts. Score

A = Lowest Cost $_______________ B = Respondent’s Cost $_______________ A ÷ B x 60 equals respondent’s score 60

TOTAL SCORE

Factor Max.Pts. Score Experience 10 Work Performance 15 Capacity to Perform 5 Timeline 10 Proposed Cost 60

PROPOSED CONTRACTS BREAKDOWN

Type of Contracts No. of Contracts Approx. Total Dollar Amount

Estimated No. to local Business

Estimated $ Amount Local Business

CONTRACTOR CERTIFICATIONS

U.S. Department of the Interior - National Park Service Texas Parks and Wildlife Department - Local Park Grant Program (Federal LWCF Assistance)

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. A written Section 3 plan (Local Opportunity Plan) was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $100,000).

� 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

CHILD SUPPORT OBLIGATION CERTIFICATION

Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application.

Signature

Printed Name

Title

Date

Certification of No Energy Company Boycott

In accordance with Chapter 2274, Texas Government Code, a Texas governmental entity may not enter into an agreement with a company for the provision of goods or services unless the agreement contains a written verification from the company that it:

(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement. Chapter 2274 does not apply to (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees;

(3) an agreement that has a value of less than One Hundred Thousand Dollars ($100,000) or (4) an agreement entered into or in connection with or relating to the issuance, sale, or delivery of notes under Subchapter H, Chapter 404, or the administration of matters related to the notes, including the investment of note proceeds, is exempt as is determined by the Texas Comptroller. Unless the company is not subject to Chapter 2274 for the reasons stated herein, the signatory executing this agreement on behalf of __________________________________ verifies by their signature on this Agreement that the company does not boycott energy companies and will not boycott energy companies during the term of this Agreement.

Signature

Printed Name

Title

Certification of Non-Discrimination Against Firearm Entity or Firearm Trade Association

In accordance with Chapter 2274, Texas Government Code, a Texas governmental entity may not enter into an agreement with a company for the provision of goods or services unless the agreement contains a written verification from the company that it:

(1) does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association during the term of this Agreement. Chapter 2274 does not apply to (1) a company that has fewer than ten (10) full-time employees;

or (2) an agreement that has a value of less than One Hundred Thousand Dollars ($100,000). Unless the company is not subject to Chapter 2274 for the reasons stated herein, the signatory executing this agreement on behalf of __________________________________________ verifies by their signature on this Agreement that the company does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association;

and will not discriminate against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association during the term of this Agreement.

Signature

Printed Name

Title

SB 252

CHAPTER 2252 CERTIFICATION

I, ______________________________________________, the undersigned representative of ________________________________________________(Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the Contracting Entity.

Name of Company Representative (Print)

Signature of Company Representative

House Bill 89 Verification Form Prohibition on Contracts with Companies Boycotting Israel

The 85th Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract

Pursuant to Section 2270.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes;

and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

I, (authorized official) _________________________ , do hereby verify the truthfulness of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below:

1) does not boycott Israel currently; and

2) will not boycott Israel during the term of the contract; and

3) is not currently listed on the State of Texas Comptroller’s Companies that Boycott Israel

List located at https://comptroller.texas.gov/purchasing/publications/divestment.php

Company Name

Signature of Authorized Official

Title of Authorized Official Date https://comptroller.texas.gov/purchasing/publications/divestment.php

Certification Regarding Lobbying

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

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

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 respondent may submit any additional information it desires.

Date: ________________________________

Respondent (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 respondent 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 respondent has initiated within the last five (5) years and brief explanation of claim and outcome.

List on a sheet attached hereto five (5) professional references that you have performed a similar contract with. List individual’s name, phone number, email, employer’s name, and a brief description of the project including a description, amount, and end date. This may include the same projects/contacts and listed above.

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.

PROPOSAL FORM

Kings Creek Park Restroom

City of Terrell – TPWD Local Parks Grant #48-01273

Proposer should attach any relevant information you think will assist the City in evaluating your proposal

Project Description:

The City will award a vendor whose final deliverable will be to install a fully-functioning restroom in Kings Creek Park, Terrell, Texas. The restroom will be a single structure that has a CMU façade and metal roof. The facility will have two (2) private, unisex, ADA-compatible restrooms and a centrally-located sub utility chase. Each private restroom will include these finishings:

• Water-conscious sink fixtures

• LED lighting

• Paper towel holder

• Soap dispenser

• Waste receptacle

• Baby changing station The restroom will include high and low drinking fountains (with bottle filler on at least one) located outside the private restrooms.

The facility shall operate on self-contained solar power, to be installed by the awarded vendor.

The structure design shall include adequate roof ventilation, flood ventilation, and exterior lighting.

The awarded vendor will be responsible to prepare all necessary engineered drawings for this project.

The awarded vendor will be responsible for installing all foundation and sub grade preparations necessary to install the proposed restroom unit.

The awarded vendor will be responsible to make all necessary utility hook ups to stub outs that will be available on site (utility stub outs will be provided by other contractor prior to the restroom installation and will not be the responsibility of the City of Terrell).

SCHEDULE 1 – Design and Install a prefabricated restroom Item No.

Units Description Total Amount

1 LS Planning, design, and permitting (including SWPPP and TDLR) of one (1) pre-fabricated or modular public restroom in Kings Creek Park. Plan Drawings, as necessary, must be stamped by a PE licensed to work in Texas.

2 LS Installation of one (1) prefabricated or modular public restroom that meets design requirements and is approved by the City of Terrell. All necessary mobilization, bonding, insurance, and testing requirements are subsidiary to this item.

3 LS Complete all subgrade preparations and install necessary foundation for restroom, per approved plans.

4 LS Complete restroom utility hook ups to utility stub outs provided on site by other contractor.

TOTAL

TOTAL PROPOSED COST (in words):_____________________________________________

To be considered complete and responsive, proposers must input the number of calendar days that each phase of the project will take.

Proposed number of CALENDAR DAYS to complete design, plan approval, and pre-construction permitting:____________________________________________________

Proposed number of CALENDAR DAYS to complete the installation of the prefabricated restroom (beginning after plan approval and pre-construction permitting):__________________

TOTAL number of CALENDAR DAYS to complete the full Schedule 1 scope:______________

SCHEDULE 2 – Design and Construct a site-built restroom Item No.

Units Description Total Amount

1 LS Planning, design, and permitting (including SWPPP and TDLR) of one (1) site-built public restroom in Kings Creek Park. Plan Drawings, as necessary, must be stamped by a PE licensed to work in Texas.

2 LS Construction of one (1) site-built public restroom that meets design requirements and is approved by the City of Terrell. All necessary mobilization, bonding, insurance, and testing requirements are subsidiary to this item.

3 LS Complete all subgrade preparations and install necessary foundation for restroom, per approved plans.

4 LS Complete restroom utility hook ups to utility stub outs provided on site by other contractor.

TOTAL

TOTAL PROPOSED COST (in words):_____________________________________________

To be considered complete and responsive, proposers must input the number of calendar days that each phase of the project will take.

Proposed number of CALENDAR DAYS to complete design, plan approval, and pre-construction permitting:____________________________________________________

Proposed number of CALENDAR DAYS to complete the construction of the site-built restroom (beginning after plan approval and pre-construction permitting):__________________________

TOTAL number of CALENDAR DAYS to complete the full Schedule 2 scope:______________

The undersigned proposer understands and agrees that all work and deliverables not provided for in the above proposal items but called for in the Contract Documents is subsidiary to these proposal items and that the cost of this subsidiary work has been included in the above prices.

The undersigned proposer affirms that the work will be performed in compliance with all applicable rules and regulations, including BABA; that the proposer nor any subs are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs; and that the proposer does not discriminate in employment based upon race, color, religion, sex, sexual identity, gender identity, or national origin. By signing this document, I acknowledge I have reviewed the materials needed per this request, I have reached out to the City for more information, have visited the project site, and have full and complete understanding of the project scope.

Addenda Received: Proposer: ___________________________________ (Company) _______________ By: ___________________________________ (Company Officer Name and Title) Phone: ___________________________________

Email: ___________________________________

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that:

(Name of Contractor or Company)

(Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) hereinafter called Surety, are held and firmly bound unto

(Name of Recipient)

(Recipient's Address) hereinafter called OWNER, in the penal sum of $

Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of:

(Project Name)

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ______________ counter-parts, each on of (Number) which shall be deemed an original, this the day of .

ATTEST:

(Principal)

By (s) (Principal Secretary)

(SEAL)

(Witness as to Principal) (Address)

ATTEST:

(Surety)

By (Witness as to Surety (Attorney in Fact)

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that:

(Name of Contractor or Company) a hereinafter called Principal, and

(Name of Surety Company) hereinafter called Surety, are held and firmly bound unto

(Name of Grant Recipient)

(Grant Recipient's Address) hereinafter called OWNER, in the penal sum of $

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of:

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of .

(Principal)

By (s) (Principal Secretary)

(SEAL)

(Witness as to Principal) (Address)

(Surety)

By (Witness as to Surety) (Attorney in Fact)

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If PRINCIPAL/CONTRACTOR is Partnership, all partners should execute BOND.

SAMPLE CONTRACT

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 Terrell hereinafter called the “City/County.”

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

ARTICLE 1. Statement of Work. The Contractor shall perform all design and 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 design and installation of a public restroom in Kings Creek Park related to the City/County’s Local Parks Grant project, all in strict accordance with the contract documents including all addenda thereto, numbered __________________, dated ___________ and _________, all as prepared by the City of Terrell acting and in these contract documents preparation, referred to as the “Engineer”.

ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in Section 7 hereof, the sum of ___________________ Dollars

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 Proposals h. Design Standards

d. Instructions to Proposers i. Drawings, as applicable

e. Signed Copy of Proposal j. [Add any applicable docs]

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 (Note 3) original copies on the day and year first above written. (Note 3)

(The Contractor)

By______________________ Title___________________________

(City/County)

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)

GENERAL CONDITIONS - PART I

FOR CONSTRUCTION

1. Contract and Contract Documents

(a) The project to be constructed pursuant to this contract will be financed with assistance from the United Sates Department of the Interior and the Texas Parks and Wildlife Department (LOCAL PARKS 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 (Name of

City/County), hereinafter called the “City/County” 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 (City of Terrell Engineering Department) , Engineer in charge, serving the City/County with architectural or engineering services, his successor, or any other person or persons, employed by the City/County 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 Proposals, Instructions to Proposers, Signed Copy of Proposal, 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/County except for cause.

(c) The Contractor shall be as fully responsible to the City/County 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/County.

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/County 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/County. Such payments shall not constitute a waiver of the right of the City/County 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/County in all details.

(b) Final Payment

1) After final inspection and the acceptance by the City/County 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/County 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/County 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/County under Liquidated Damages shall be deducted from the final payment due the contractor.

(c) Payments Subject to Submission of Certificates

Each payment to the…