9171.323 - General Cargo Dock - CD - 081226.pdf

Bid Documents

General Cargo Public Dock Rehabilitation Project

CALHOUN PORT AUTHORITY BOARD MEMBERS

Jasper “Jay” Cuellar Chairman - District 2 Justin Weaver Secretary - District 3 Russell Cain Commissioner - District 1 Mark Daigle Commissioner - District 4 Roger Martinez, Jr. Commissioner - District 5 Dan Krueger Commissioner - District 6 Amy Blanchett Commissioner - At Large

EXECUTIVE STAFF

Charles R. Hausmann, CPA - Port Director Forrest E. Hawes - Deputy Port Director

Anne Marie Odefey - Port General Counsel

August 2026

Prepared By: G&W Engineers, Inc. (Port Lavaca, Texas)

Table of Contents

Request for Bid Proposals

Bid Package Checklist

Instructions to Prospective Bidders

Bid Proposal

Bidder’s Statement of Qualifications

Document No. 00415 - Corporate Resolution

Notice (forms):

Agreement Between Owner and Contractor

Performance Bond

Payment Bond

Reference Section 01025 - Application for Payment Requirements

Reference Section 01700 - Contract Closeout Requirements

General Provisions

General Conditions

General Requirements

01025 - Application for Payment Requirements

● Contractor’s Conditional Waiver and Release on Partial Payment

● Subcontractor’s Conditional Waiver and Release on Partial Payment

01040 Project Coordination

01200 Project Meetings

01340 Shop Drawings, Project Data and Samples

01410 Inspections, Testing and Guarantee

01700 Contract Closeout Requirements

● Contractor’s Conditional Waiver and Release on Final Payment

● Subcontractor’s Conditional Waiver and Release on Final Payment

● Contractor’s Guarantee

Scope of Work

Construction Drawings - Construction Drawings uploaded to Civcastusa.Com as a separate document due to page size. Please download from website as separate attachment.

REQUEST FOR BID PROPOSALS

Request for Bid Proposals

Sealed Bids for the General Cargo Public Dock Rehabilitation Project addressed to the CALHOUN PORT AUTHORITY (herein called Owner or CPA) shall be received at 2525 FM 1593 South, Point Comfort, Texas 77978, until 9:00 A.M., WEDNESDAY, October 14, 2026. All Proposals shall then be opened and read aloud immediately thereafter. Proposals received after the specified date and time shall be returned to the bidder unopened.

Said Sealed Proposals shall be submitted on blank forms provided, shall be sealed in separate envelopes per Instructions to Bidders, and shall be clearly marked “GENERAL CARGO PUBLIC DOCK REHABILITATION PROJECT – BID OPENING: 9:00 A.M., WEDNESDAY, October 14, 2026.” Proposals shall be for the furnishing of all labor, materials not provided by Owner, equipment, and superintendence, and for performing the specified Work.

Proposal Documents may be examined at the Owner’s Office located at 2525 FM 1593 South, Point Comfort, Texas 77978, Monday through Friday between the hours of 8:30 a.m. and 4:00 p.m. and obtained from www.CivcastUSA.com. There is no charge to view or download the documents. Addendums and other announcements will be distributed via Civcast to all plan holders. Bidders shall submit any questions or requests for clarification regarding the plans in writing via Civcast. The cut-off for questions shall be 2:00 P.M. on Monday, September 28, 2026.

A Pre-Bid Conference will be held on WEDNESDAY, SEPTEMBER 23, 2026 (10:00 AM) at the Port Administrative Offices located at 2525 FM 1593 South, Point Comfort, Texas 77978. The Port contact phone number is 361-987-2508 and the Engineer of Record, Scott P. Mason, P.E. of G&W Engineers, Inc.

can be contacted at 361-552-4509 or smason@gwengineers.com.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the Calhoun Port may be submitted in lieu of the Bid Bond.

Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids.

The Owner reserves the right to reject any and all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating prices in any Bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the Bid. Bids may be held by CPA for a period not to exceed sixty

(60) days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award. The Award shall be made to the responsible Bidder submitting the lowest, qualified, acceptable Bid who, in the opinion of the Owner, offers the Bid in the best interests of the Owner.

The Calhoun Port Authority is an equal opportunity employer without regard to race, color, sex, age, religion, national origin, handicap, or limited English proficiency.

Calhoun Port Authority Calhoun County, Texas http://www.civcastusa.com/

BID PACKAGE CHECKLIST

Checklist 1 of 1 General Cargo Public Dock Rehabilitation Project

Bid Package Checklist

The following checklist is provided to assist you in submitting a proper and complete bid.

General:

Are the envelopes containing the bid properly identified on the outside as a “SEALED BID”, with Project Name, Date, and Time of the Bid Opening clearly marked?

Bid Proposal:

Submitted in duplicate on the prescribed form?

Properly signed?

Acknowledged all addenda on page 2?

Are the list of subcontractors and major suppliers included?

Are all figures legible?

Is the total bid price correct?

Has the person signing the bid proposal initialed all erasures or corrections?

Bidder’s Statement of Qualifications:

Have all questions been answered?

Requested attachments included?

Properly signed and notarized?

Bid Bond (or Certified Check):

Proper amount (5% of the greatest amount of bid)?

Signed by both the Bidder and the Surety?

Exclusions / Exceptions:

NOTE: Exclusions/Exceptions to the Bid Documents may be grounds for a declaring a bid as Non-Responsive.

INSTRUCTIONS

TO PROSPECTIVE BIDDERS

Instructions to Bidders – 1 of 6 General Cargo Public Dock Rehabilitation Project August 2026

Instructions to Prospective Bidders

1. LOCATION OF PROJECT

The project is located at Calhoun Port Authority (Owner), Point Comfort, Lavaca Bay, Calhoun County, Texas.

2. GENERAL DESCRIPTION OF PROJECT

The work to be accomplished under the provisions of these Contract Documents consists of furnishing all machinery, equipment, labor, and supervision for removal and replacement of dock protection, fendering materials, structural repairs and steel protective coating repairs.

3. PREPARATION OF BIDS

Bids shall be submitted, in duplicate, upon the prescribed forms. Bids shall be prepared in compliance with the requirements of the Notice to Bidders, these instructions, and the instructions printed on the prescribed forms. All blank places on the Proposal Form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amount shall govern. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for, or which does not contain prices set opposite to each of the several items in the Proposal Form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the Notice to Bidders. The bidder shall sign his Proposal on the blank space provided, therefore. If a partnership or corporation makes the bid, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, it must be acknowledged by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the Project, addressed to the Owner as prescribed in the Notice to Bidders, and accompanied by the prescribed Bid Security.

4. QUALIFICATION OF BIDDERS

To demonstrate qualifications to perform the Work, Bidder must submit, as part of the Bid Package, a signed Statement of Qualification on the form provided herein or similar. The Owner reserves the right to request a Financial Statement of any Bidder being actively considered for award of this contract.

The Owner may review the veracity of information on the Bidder’s Statement of Qualification form including, but not limited to disqualification from bidding; claims asserted; default, termination, abandonment, or other failure to complete; surety performance; license suspension/termination; party to litigation or other dispute resolution; declaration of bankruptcy; conviction of felony (collectively, “Background Matters”). Information provided by the proposer or discovered by the Owner regarding Background Matters may be taken into consideration and may result in rejection of the proposal for non-responsibility and the withholding of an award under this solicitation.

The Owner reserves to right to reject the Response of any Respondent(s) it considers to be not “responsible” to perform the project. In determining whether a Respondent qualifies as “responsible” (i.e., eligible for award), a number of factors, including but not limited to the following, may be considered.

Instructions to Bidders – 2 of 6

A responsible Respondent must:

1. have the ability to comply with the required delivery or performance schedule, taking into consideration other business commitments;

2. have a satisfactory record of performance and integrity;

3. have a satisfactory safety and environmental record;

4. have satisfactory references;

5. have the necessary facilities, equipment, material, personnel, organization, experience, authorizations, technical skills, and financial resources to fulfill the terms of the contract for the project;

5. BIDS, BID EVALUATION AND AWARD OF CONTRACT

Bidders must submit their offers in two separate, sealed envelopes, each plainly marked: GENERAL CARGO PUBLIC DOCK REHABILITATION PROJECT. The outside of the envelopes shall be addressed to CALHOUN PORT AUTHORITY, 2525 FM 1593 South, Point Comfort, Texas 77978.

The envelopes must also bear on the outside the name of the bidder, the bidder’s legal address and any applicable licensing number.

Evaluation of Responses and Award of Contract

All Rights Reserved: The Owner reserves the right to accept or reject any or all Responses and waive formalities to best serve the interests of the Owner. Moreover, in case of ambiguity or lack of clearness in any Response, the Owner reserves the right to consider the most advantageous construction of, or to reject, the Response. By way of example only:

• Responses not conforming exactly to the Bid / Proposal Documents may be rejected.

• Responses not incorporating the Owner forms required by the Bid / Proposal Documents may be rejected.

• Responses which, in the opinion of Owner, contain extreme variations (with respect to the overall price or the price of individual item / items) from the engineer’s or designer’s estimate or from other Responses received, may be rejected.

• If more than one Response from an individual, firm, partnership, corporation, or joint venture, or combination thereof under the same or different names is submitted, all such Responses may be rejected.

• The Owner may cancel the entire Request for Competitive Sealed Bids / Proposals

• The Owner may issue a subsequent Request for Competitive Sealed Bids / Proposals

• The Owner may remedy technical errors in the Request for Competitive Sealed Bids /

Proposals or the Request for Competitive Sealed Bids / Proposals process

• The Owner may waive formalities and irregularities

a. Errors in Response Price: Errors in extensions of unit prices and addition errors are subject to correction by the Owner. In the case of a mathematical error in the extension of the unit price, the unit price shall govern, and the total extended price and total proposed price shall be recalculated.

b. Fatal Errors: Proposals may be immediately rejected that contain errors that are deemed uncorrectable. The following are deemed uncorrectable errors (fatal errors):

• Late proposals

• No bond or proposal security (if applicable)

• No dollar amount specified

Instructions to Bidders – 3 of 6

c. Evaluation of Competitive Sealed Proposal Response: This project will be evaluated using a competitive bidding process pursuant to Chapter 60, Subchapter N, Competitive Bidding Requirements, of the Texas Water Code. Award of the project will be based on BASE BID price associated with the General Cargo Public Dock Rehabilitation Project only. The alternate additions will be evaluated separately for possible inclusion in this project’s scope of work.

Each Respondent's proposal shall remain valid for the time period specified in the Request for Bid Proposals unless an extension of time is mutually agreed by the Owner and the Respondent before the end of that time period.

Unless it elects to reject all proposals, the Owner will award the contract after a thorough analysis of proposals submitted based on the published selection criteria. Within the time period specified in the Request for Bid Proposal, the Owner will evaluate proposals as necessary to determine and select the lowest responsible bidder.

If the Owner is unable to negotiate a proposed contract with the selected Respondent that is satisfactory to the Owner in its discretion, the Owner shall formally, and in writing, end negotiations with that Respondent. The Owner may then designate the next lowest responsible bidder. If a proposed contract is again not negotiated, such process shall continue in the order, or until all proposals are rejected.

Responses rejected due to non-responsiveness and responses from entities considered not “responsible” will not be considered.

d. Requirements for Contract: If selected, the Respondent is required to execute the Contract and supporting documents, including all required insurance certificates and Owner insurance forms, and return them to the Owner within fifteen (15) calendar days after receipt of the Contract. If the Respondent fails to meet the fifteen (15) day requirement, the Owner may rescind the award. Unless a Contract falls within the delegation limits discussed below, a Contract is not binding until it is approved by the Port Commission voting in public session, executed by both the Owner and the Respondent, and the availability of funds required by the Contract is certified by the appropriate financial officer of the Owner.

e. Notice of Delegation and Delegation Limits: The Port Commission has authorized the executive director of the Owner, or an authorized representative of the executive director, to make routine purchases or contracts in an amount not to exceed $50,000 without obtaining award or approval from the Port Commission.

6. SUBCONTRACTORS

A list of subcontractors and major suppliers providing more than 20% of the Bid must be submitted as part of the Bid.

7. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

BIDDERS DESIRING FURTHER INFORMATION, OR FURTHER INTERPRETATION OF THE

DRAWINGS AND SPECIFICATIONS, MUST MAKE REQUEST FOR SUCH INFORMATION IN

WRITING ON CIVCASTUSA.COM UNDER THE QUESTION SECTION. CUT OFF FOR QUESTIONS

IS SEPTEMBER 28,2026.

Answers to all requests will be posted in writing to all bidders on CivcastUsa, in addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Drawings or other Contract Documents, or should a bidder be in doubt as to their meaning, the bidder should at once notify the Owner or Engineer in order that an addendum may be written and posted.

Instructions to Bidders – 4 of 6

8. DELIVERY OF PROPOSALS

It is the responsibility of the submitting bidder to ensure that their sealed bid is received in a timely manner to the proper place. The fact that a proposal was dispatched will not be considered. CPA does not accept faxed or emailed bids. CPA accepts no financial responsibility for any cost incurred by any bidder in the course of responding to the bid. Bids received after the date and time the bids are due will not be accepted and will be returned unopened, regardless of whether or not the delay was outside of the control of the submitting bidder.

9. ACCEPTANCE OF PROPOSALS

The Owner reserves the right to reject any or all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure or irregular may be rejected; any proposal having erasures or corrections in the price sheet may be rejected; any proposal which omits a bid on any one or more items on a price sheet may be rejected; any proposal in which the unit prices are omitted or are obviously unbalanced may be rejected; any proposal accompanied by an insufficient or irregular certified check or bid bond may be rejected. A bidder may withdraw his proposal before the expiration of the time during which a proposal may be submitted without prejudice to himself by submitting a written request for its withdrawal to the Owner’s office.

10. AWARD OF CONTRACT

Unless it elects to reject all bids, the Owner will award the Contract within Sixty (60) Calendar Days after receipt of proposals. Such award will be notice in writing signed by a duly authorized representative of the Owner and shall bind the successful bidder to execution of the Contract, which shall become effective and binding upon the parties only with its execution by the Owner.

The Contract will be awarded to the lowest responsible bidder.

11. TIME FOR EXECUTING CONTRACT & DAMAGE FOR FAILURE TO EXECUTE

Any bidder whose proposal shall be accepted will be required to appear at the Owner's office in person, or, if a firm or corporation, a duly authorized representative shall so appear, and to execute the Contract within Fifteen (15) Calendar Days after Notice of Award of the Contract to him. Failure or neglect to do so shall constitute a breach of agreement affected by the acceptance of the proposal. The damages to the Owner for such a breach will include loss from interference with its construction program, and other items whose accurate amount will be difficult or impossible to compute. The amount of the certified check or bid bond accompanying the proposal of such bidder shall be retained by the Owner as liquidated damages for such breach. In the event the bidder whose proposal was accepted fails or refuses to execute the Contract, the Owner may, at its option, determine that the bidder has abandoned the Contract, and thereupon his proposal and acceptance thereof shall be null and void, and the Owner is entitled to damages in the amount of the check or bid bond submitted with the proposal.

Instructions to Bidders – 5 of 6

12. CERTIFIED CHECK OR BID BOND

All proposals shall be accompanied by a certified or cashier's check or bid bond payable to the order of the Calhoun Port Authority and enclosed in the same envelope with the proposal. The amount of the check or bid bond will be five percent (5%) of the greatest possible amount bid. All such certified checks or bid bonds will be returned to the respective bidders within Ten (10) Calendar Days after proposals are opened, except those which the Owner elects to hold until the successful bidder has executed the Contract.

13. CONDITIONS OF WORK

It is the responsibility of each bidder to inform himself fully of (1) the conditions relating to construction and labor under which the work will be performed, (2) to have inspected the site and (3) to have read and to be thoroughly familiar with the Scope of Work, Drawings, and other Contract Documents. Failure to do so will not relieve a successful bidder of his obligation to furnish all equipment and labor necessary to carry out the provisions of the Contract Documents, and to complete the contemplated work for the considerations set forth in his bid. Any information shown in the Specifications or on the Drawings is to be considered approximate and does not relieve the bidder of the responsibility for its verification.

All work within the regulated area will be accomplished within a Maritime Transportation Securities Act (MTSA) - regulated facility in accordance with 33CFR, Chapter I, Subchapter H, Part 105. All workers working on will be required to hold valid Transportation Worker Identification Credentials (TWIC) or be escorted at a maximum ratio of 5:1.

14. APPLICABLE CODES AND REGULATIONS

It shall be the responsibility of each bidder to comply with any and all applicable local, state, and federal ordinances, laws, codes, and regulations. Any violation, omission, or question of compliance shall be brought to the attention of the Owner, and correction will be made by addenda to the Bid Documents.

After Award of Contract, the Contractor will be responsible for full compliance, and shall bear the cost of any additional work not shown on the Scope of Work or Specifications that may be required by authorities having jurisdiction.

15. FUNDS

The Owner has available sufficient funds to pay the Contractor in cash in accordance with the provisions of the Contract.

16. TIME FOR BEGINNING AND COMPLETING THE WORK

The Contractor shall commence the work no later than 30 calendar days after the date of the written Notice to Proceed and shall work diligently to complete the work within 90 days.

17. PERFORMANCE AND PAYMENT BONDS

The Successful Bidder will be required to furnish a Performance Bond and Payment Bond, both in the full amount of the Contract sum issued by a surety company duly authorized to conduct business in the State of Texas according to the latest list of companies holding certificates of authority from the State Board of Insurance. The proper form of bonds is included herein.

Instructions to Bidders – 6 of 6

18. LIMITED SALES, EXCISE AND USE TAX

The Contractor's attention is directed to Paragraph No. 3 of Ruling No. 9, Repairmen and Contractors (as Amended) issued by the Comptroller of Public Accounts. Reference: Article 20.01 (T), Limited Sales, Excise and Use Tax.

The Owner requires that no state sales tax be paid on any materials incorporated into the completed work on this project. All bidders and their respective subcontractors must comply with Paragraph No. 3 of Ruling No. 9, by obtaining the necessary permit or permits from the State Comptroller allowing the purchase of materials for incorporation into this project without having to pay the Limited Sales, Excise and Use Tax at the time of the purchase. The Owner will furnish such Contractor with an Exemption Certificate for the materials incorporated in the project.

End of Instructions to Bidders

BID PROPOSAL

Bid Proposal – 1 of 3

Bid Proposal

The bidder shall fill in all blanks with the required information and acknowledge receipt of all addenda in the indicated place.

TO: Jasper “Jay” Cuellar, Chairman

Calhoun Port Authority 2525 FM 1593 South P.O. Box 397 Point Comfort, Texas 77978

The undersigned, as Bidder, declares that the only person or parties interested in this Proposal, as principals, are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that I/We have examined the Notice to Bidders, Instructions to Bidders, Agreement between Owner and Contractor, Addenda (if any), the Specifications, and the Drawings; that I/We have examined all of the conditions pertaining to the proposed Work, and hereby offer to and will furnish all necessary materials, supplies, equipment, appliances, tools , labor, supervision, insurance, and other accessories and services required by said documents for the following work:

“GENERAL CARGO PUBLIC DOCK REHABILITATION PROJECT”

I/We, the undersigned, propose to complete the Work as described in the Contract Documents and Specifications, for the prices listed herein which bear our signature for identification.

I/We, the undersigned, agree to enter into the Agreement between Owner and Contractor with the Calhoun Port Authority of Calhoun County, Texas for furnishing all required supplies/services for the prices listed herein which bear our signature for identification.

The Work described in this Project will be commenced at a date no later than 30 calendar days after the date of the written Notice to Proceed, and will be pursued with all reasonable diligence (excepting acts of God, civil disturbance, or other situations agreed to by the Owner as being beyond the responsibility of the Contractor) and to be deemed by the Owner as Substantially Complete within, 90 calendar days of the date of the written Notice to or as directed and ordered by the Owner.

I/We agree that time is of the essence and that for each day of delay beyond the number of days specified for Substantial Completion of the Work, after due allowances for extensions of time as may be provided, the Owner may withhold permanently from the Contractor’s total compensation the sum of $500.00 per calendar day as stipulated Liquidated Damages.

The Calhoun Port Authority is exempt from the payment of Texas State sales tax. The undersigned agrees that the prices proposed do not include such Texas State sales tax.

I/We shall comply with all applicable local, State, and Federal laws, codes, ordinances, and regulations.

I/We will obtain all necessary operating permits and licenses, except those permits as may already be obtained by the Calhoun Port Authority if enumerated herein.

The total amount of this Proposal includes all costs, insurance, commissions, overhead, permits, licenses, and payments required and necessary to complete the Work as specified.

Bid Proposal – 2 of 3

I/We acknowledge receipt of the addenda listed below and the total amount of this Proposal has been adjusted accordingly.

ADDENDA RECEIVED DATE

1.

2.

3. _

Enclosed herewith is a Cashier’s Check, Certified Check, or Bidder’s Bond in the sum of $ , which represents five percent (5%) of the greatest total amount of this Proposal.

I/We propose to utilize the following subcontractors to augment our forces for this Project:

If I/We are notified of the acceptance of this proposal, I/We will furnish Performance and Payment Bonds in accordance with approved forms, to be paid by me/us for the proper completion of the Work as specified and, in the time, allotted, the said bonds to be issued for one hundred percent (100%) of the amount of the total contract sum. Said bonds shall conform to the laws of the State of Texas.

It is agreed that, in the event the undersigned fails to enter into a Contract and furnish such bonds within the time and the manner required, the Bidder will pay to the Calhoun Port Authority of Calhoun County, Texas as liquidated damages for failure to enter into formal written Contract, and to perform the Work as proposed and accepted, an amount equal to five percent (5%) of the Proposal made by the Undersigned and duly accepted by the Calhoun Port Authority.

It is further agreed that if the Bidder’s Bond or Certified or Cashier’s Check deposited for Bid Security is in an amount greater than five percent (5%) of such Proposal made and accepted, that such fact shall not operate to prevent the Calhoun Port Authority from appropriating and holding from the proceeds of such Bond or Certified Cashier’s Check, the same certain determinable amount as liquidated damages, refunding the rest.

I/We agree that a period of 60 calendar days from the date of the opening of Proposals is a reasonable time for inspection, analysis, and consideration of this Proposal by the Calhoun Port Authority, and this Proposal cannot, and will not, be withdrawn by me/us prior to 60 calendar days after the opening of Proposals, and that the Calhoun Port Authority may accept this Proposal at any time prior to 60 calendar days after the opening of Proposals.

I/We agree and understand that the Calhoun Port Authority reserves the right to accept or reject any or all Proposals, as stated in the Instructions to Bidders.

In submitting this Proposal, I/We do so with the understanding that all Contract Documents, Drawings, Specifications, and Addenda are completely understood, and that there is no doubt as to the intent and the scope of the Work to be accomplished.

Bid Proposal – 3 of 3

I/We propose to perform all the Work in accordance with the requirements of the Contract Documents and Specifications for the following Lump Sum Price, including a twelve (12) month warranty period for all work and materials from the date of final acceptance of the work, for a Lump Sum price.

BID PROPOSAL

CALHOUN PORT AUTHORITY

GENERAL CARGO PUBLIC DOCK REHABILITATIONT PROJECT

POINT COMFORT, TEXAS

Provide all labor, supervision, insurance, equipment and materials including those furnished by Owner and Contractor required to complete the General Cargo Public Dock Rehabilitation Project for a Lum Sum price of:

___________________________________________________________ Dollars and ________________________________________________________ Cents.

(amount written in words) Labor: $________________

Equipment: $________________

Materials: $________________

Total Lump Sum: $________________

Signed:

(Company Name)

By: _ (Signature) (Company Address)

(Company Phone Number)

(Printed/Typed Name)

(Email)

Date: (Seal if bidder is a corporation)

BIDDER’S STATEMENT OF

QUALIFICATIONS

Bidder’s Statement of Qualifications – 1 of 3

BIDDER'S STATEMENT OF 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:

Name of Owner(s):

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?

�� 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.)

Bidder’s Statement of Qualifications – 2 of 3

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?

�� 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?

�� 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.

Bidder’s Statement of Qualifications – 3 of 3

The Calhoun Port Authority reserves the right to request a Certified Statement of Financial Condition, including Contractor’s latest regular dated financial statement or balance sheet which must contain current assets including cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, materials, prepaid expenses, net fixed assets, and other assets, and current liabilities including accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes, other liabilities and capital (capital stock, authorized and outstanding shares per values and earned surplus). Date of statement must be within 12 months of current date.

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 by Calhoun County 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.

DOCUMENT NO. 00415

CORPORATE RESOLUTION

Doc. 00415 - Contractor’s Corporate Resolution 1 of 1

August 2026

DOCUMENT NO. 00415

CONTRACTOR'S CORPORATE RESOLUTION

I hereby certify that it was RESOLVED by a quorum of the directors of

(Name of Corporation) meeting on the day of , 20 , that , , be, (Title) and hereby is, authorized to execute all documents necessary for the transaction of business in the

State of Texas on behalf of the said , and

(Name of Corporation)

That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name this day of

_______________, 20 .

Secretary

If you are not a corporation, please check the box and sign below

Company Name:_________________________________________

Signed By: _____________________________________________

Print Name/Title: ________________________________________

NOTICE

Notice – 1 of 1

[Type here] [Type here] [Type here]

Notice

The following documents are provided to familiarize the Bidder with the terms the Bidder will need to comply with should he/she be awarded the contract and are NOT to be included in the Bid Submittal Package:

• Agreement Between Owner and Contractor

• Performance Bond

• Payment Bond

• Reference Section 01025 – Application for Payment Requirements

► Contractor’s Partial Affidavit and Waiver of Liens

► Subcontractor’s Partial Affidavit and Waiver of Liens

• Reference Section 01700 – Contract Closeout Requirements

► Contractor’s Final Affidavit and Waiver of Liens

► Subcontractor’s Final Affidavit and Waiver of Liens

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AGREEMENT

Agreement Between Owner and Contractor - 1 of 4

Agreement Between Owner and Contractor

THE STATE OF TEXAS §

COUNTY OF CALHOUN §

THIS AGREEMENT is dated as of the day of , in the year 2026, by and between the CALHOUN PORT AUTHORITY OF CALHOUN COUNTY, TEXAS (hereinafter called OWNER), and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1 - WORK:

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

“GENERAL CARGO PUBLIC DOCK REHABILITATION PROJECT”

Article 2 - ENGINEER:

The Project has been designed by G&W Engineers, Inc. and who is to act as OWNER'S Representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3 - CONTRACT TIME:

The CONTRACTOR shall commence the work within 30 calendar days of the date of the “Notice to Proceed” and shall be pursued with all reasonable diligence (excepting acts of God, civil disturbances, or other situations agreed to by the OWNER as being beyond the responsibility of the CONTRACTOR) and be deemed by the OWNER as Substantially Complete within 90 Calendar Days of the date of the written Notice to Proceed or as directed and ordered by the

OWNER.

Article 4 - CONTRACT PRICE:

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the attached Bid Proposal and Contract Documents in current funds as follows:

(Words)

(Figures)

Agreement Between Owner and Contractor - 2 of 4

Article 5 - PAYMENT PROCEDURES:

CONTRACTOR shall submit Applications for Payment to the ENGINEER in accordance with Article 14 of the General Conditions. Retainage in the amount of 10% of all Work Completed and Stored Materials will be withheld until Final Payment.

Article 6 - INTEREST:

Except for Retainage, all moneys not paid when due as provided in Article 14 of the General Conditions, assuming prompt submittals by the CONTRACTOR, shall bear interest at the place of the Project for passbook savings.

Article 7 - CONTRACTOR'S REPRESENTATIVES:

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

7.2 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

Article 8 - CONTRACT DOCUMENTS:

The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following:

8.1 Request for Bid Proposals

8.2 Instructions to Bidders

8.3 Bid Proposal

8.4 Bidder’s Statement of Qualifications

8.5 Agreement Between Owner and Contractor

8.6 Performance and Payment Bonds

8.7 Certificate(s) of Insurance

8.8 General Conditions of the Construction Contract

8.9 General Requirements

Agreement Between Owner and Contractor - 3 of 4

8.10 Drawings

Sheet No. Date Sheet Title G1.1 08/05/26 Site Plan S1.1 08/05/26 Enlarged Dock Plan S1.2 08/05/26 East Dolphin Repair Plan & Elevation S1.3 08/05/26 Middle Fender Repair Plan & Elevation S1.4 08/05/26 Round Pile Repair Plan & Elevation S1.5 08/05/26 West Wall Repair Elevation and Section

8.11 Addenda

8.12 Notice of Award

8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraph 3.4 of the General Conditions.

There are no Contract Documents other than those listed above in Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.4 of the General Conditions.

Article 9 - MISCELLANEOUS

9.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.

Two (2) counterpart each has been delivered to OWNER and one has been delivered to the CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR.

The Effective Date of this Agreement will be , 2026.

OWNER: CALHOUN PORT AUTHORITY OF CALHOUN COUNTY, TEXAS

By:

Jasper “Jay” Cueller, Chairman

Attest:

Justin Weaver, Secretary

Address for giving notices:

2525 FM 1593 South P. O. Box 397 Point Comfort, Texas 77978

CONTRACTOR:

By:

Attest (CORPORATE SEAL)

Address for giving notices:

License No.

Agent for service of process:

(If CONTRACTOR is a corporation, attach evidence of Authority to sign.)

PERFORMANCE BOND

Performance Bond – 1 of 2

Performance Bond

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Date:

Amount:

Description (Name and Location):

BOND

Date (Not earlier than Contract Date):

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

Performance Bond – 2 of 2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference.

2. If the COTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety's obligation under this Bold shall arise after:

3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR, and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract but sucI1 an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and

3.2. The O\YNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3. The OWNER has agreed to pay the Balance of the Contract Price to:

3.3.1. The Surety in accordance with the terms of the Contract;

3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1. Arrange for the CONTRACI'OR, with consent of the OWNER, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances;

4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefore to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefore.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written nonce from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1. 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACI'OR under the Contract and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. tl1e the ~ or this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract. surety is obligated without duplication for:

6.1. The responsibilities of the CONTRACTOR for correction of defective work and completion of the Contract;

6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR’s Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delay performance or non-performance of the CONTRACTOR.

7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract and the Balance of the of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or t0 related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first.

If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed any provision in Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement hall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.1 Balance of tile Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract.

12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

PAYMENT BOND

Payment Bond – 1 of 2

Payment Bond

Any…