EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

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BID PROPOSAL, CONTRACT DOCUMENTS, AND TECHNICAL SPECIFICATIONS

FOR

CITY OF PORT NECHES

JEFFERSON COUNTY, TEXAS

PORT NECHES BOAT LAUNCH REHABILITATION PROJECT

CITY COUNCIL MEMBERS

ROBERT ARNOLD MAYOR

HEATHER BURTON COUNCIL MEMBER

ADAM ANDERS COUNCIL MEMBER

JIM WALLACE COUNCIL MEMBER

PAUL LEMOINE COUNCIL MEMBER

TERRY SCHWERTNER COUNCIL MEMBER

ANDRÉ WIMER CITY MANAGER

CLINT FORE PUBLIC WORKS DIRECTOR

PREPARED BY:

Christopher Guy, PE

Anchor QEA, Inc.

September 2026

9/4/2026

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CONTENTS

INVITATION TO BIDDERS

INSTRUCTIONS TO BIDDERS

STATEMENT OF BIDDER QUALIFICATIONS

SCOPE OF WORK AND NOTES

BID FORM

BONDING COMPANY INFORMATION FORM

BID BOND

NON-COLLUSION AFFIDAVIT

AGREEMENT (CONTRACT)

PERFORMANCE AND PAYMENT BOND

CERTIFICATE OF INSURANCE

CONDITIONS OF THE AGREEMENT:

TABLE OF CONTENTS OF GENERAL CONDITIONS

INDEX TO GENERAL CONDITIONS

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS OF AGREEMENT

CURRENT WAGE RATES

CERTIFICATE OF COMPLETION

GOVERNING TECHNICAL CONSTRUCTION SPECIFICATIONS

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INVITATION TO BIDDERS

Sealed proposals addressed to the City of Port Neches, Jefferson County, 1005 Merriman, Port Neches, Texas 77651; will be received at the City of Port Neches, City Hall; for furnishing all necessary materials, equipment, superintendence, and labor for the construction of the

Bids will be received until 2:00 pm local time on October 6, 2026, at the City Secretary's Office, at which time and place all bids will be publicly opened and read aloud. Any bids received after closing time will be returned unopened.

The right is reserved by the City of Port Neches, as its interest may require, to accept or reject any or all bids, and to waive any informality in the bids received.

There will be a MANDATORY pre-bid conference with the Engineer, Owner, and

Prospective Bidders at 10:00 am local time on September 15, 2026, at the City of Port Neches, City

Hall Council Chambers, 1005 Merriman, Port Neches, Texas 77651.

The Contract Documents, including the Plans and Specifications, are available electronically through CIVCAST at www.civcastusa.com. Prospective bidders must register with CIVCAST to access the documents and receive notices of addenda and other bidding information. Registration and document access are available at no charge.

Bid Security, only in the form of: 1) a certified or cashier's check drawn on a Texas bank and made payable to the City of Port Neches; or 2) a bond executed by a surety company authorized to do business in Texas, in the amount of not less than five (5%) percent of the total bid, must accompany each bid at the time it is submitted. Bids must be submitted on the form shown in the Contract Documents. A Contractor Qualification Statement must also accompany each bid.

Bids may be held by the City of Port Neches for a period not to exceed 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.

Upon award, the successful bidder will be required to furnish payment and performance bonds.

THE CITY OF PORT NECHES

Ms. Holly Alexander, City Secretary

First Publication – Saturday, September 5, 2026 Second Publication – Saturday, September 12, 2026

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1 – Defined Terms ................................................................................................................................. v

Article 2 – Copies of Bidding Documents ........................................................................................................ v

Article 3 – Qualifications of Bidders ................................................................................................................ v

Article 4 – Examination of Bidding Documents, Other Related Data, and Site ............................................. v

Article 5 – Pre-Bid Conference ...................................................................................................................... viii

Article 6 – Site and Other Areas .................................................................................................................... viii

Article 7 – Interpretations and Addenda ........................................................................................................ viii

Article 8 – Bid Security .................................................................................................................................. viii

Article 9 – Contract Times ............................................................................................................................... ix

Article 10 – Liquidated Damages .................................................................................................................... ix

Article 11 – Substitute and “Or-Equal” Items ................................................................................................. ix

Article 12 – Subcontractors, Suppliers and Others ......................................................................................... ix

Article 13 – Preparation of Bid ......................................................................................................................... x

Article 14 – Basis of Bid; Comparison of Bids ............................................................................................... xi

Article 15 – Submittal of Bid ........................................................................................................................... xi

Article 16 – Modification and Withdrawal of Bid ......................................................................................... xii

Article 17 – Opening of Bids .......................................................................................................................... xii

Article 18 – Bids to Remain Subject to Acceptance ...................................................................................... xii

Article 19 – Evaluation of Bids and Award of Contract ................................................................................ xii

Article 20 – Contract Security and Insurance ................................................................................................ xiii

Article 21 – Signing of Agreement ................................................................................................................ xiii

Article 22 – Sales and Use Taxes ................................................................................................................... xiii

Article 23 – Retainage .................................................................................................................................... xiii

Article 24 – Equal Opportunity In Employment ........................................................................................... xiii

Article 25 – Bonding Company ..................................................................................................................... xiii

Article 26 – Texas Ethic Commission ........................................................................................................... xiv

EJCDC C-410 Suggested Bid Form for Construction Contracts

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ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

B. Bidder - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

C. Owner – the City of Port Neches, Texas.

D. Successful Bidder - the lowest, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office. The deposit is non-refundable.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as called for in the Statement of Bidder Qualifications. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.1 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

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1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.01B.

4.2 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.3 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.03B.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.5 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.6 A.Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents.

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On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

4.6 B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.7 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the

Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. note this project is funded through the Texas Commission on Environmental Quality (TCEQ)

Gulf Coast Ecosystem Restoration Program and the Contractor agrees to the terms associated with the grant;

E. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data";

F. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;

the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

G. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

H. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are

Page viii acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.1 A mandatory prebid conference will be held at 10:00 a.m. local time on September 15th, 2026, at Port Neches City Hall, Council Chambers. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference.

Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Failure to attend the pre-bid conference by a bidder will render that bidder’s bid nonresponsive.

ARTICLE 6– SITE AND OTHER AREAS

6.1 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7– INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8– BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and

5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of

Page ix seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9– CONTRACT TIMES

9.01 The number of days within which, or the dates by which the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10– LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11– SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12– SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

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Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.6 A Bid by an individual shall show the Bidder’s name and official address.

13.7 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid

Form. The official address of the joint venture shall be shown.

13.8 All names shall be printed in ink below the signatures.

13.9 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

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ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

14.04 Completion Time Comparisons

A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for

Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Each Bidder shall submit one original and one complete copy of its Bid, together with a USB flash drive containing an electronic copy of the complete Bid in PDF. The electronic copy shall include all forms, certifications, acknowledgments, and other documents included in the hard-copy Bid and will be retained by the Owner for administrative and public-information purposes. In the event of a discrepancy, the original hard-copy Bid shall govern.

15.02 With each copy of the Bidding Documents, a Bidder is furnished one bound copy of the Bid Form, and the Bid Bond Form. An unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

A. Required Bid security in the form of Bid Bond or Cashier’s Check in the amount of 5% of the total bid amount;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. [If applicable] Contractor’s License No.: ____________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with Supporting Data

15.03 Bids shall be submitted in duplicate no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid

Page xii security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to:

Ms. Holly Alexander, City Secretary City of Port Neches 1005 Merriman Street Port Neches, Texas 77651

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

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19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the lowest responsive and responsible Bidder.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by six

(6) unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 The OWNER qualifies as an exempt agency, and is not subject to State, County, or City sales taxes only to the extent allowable by law. CONTRACTOR is advised to contact the State Comptroller's Office or other knowledgeable source in order to apprise himself of the possible impact of the current law. Only equipment and materials incorporated into the permanent project are tax exempt.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s retainage are set forth in the Agreement.

ARTICLE 24 – EQUAL OPPORTUNITY IN EMPLOYMENT

24.01 All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60.

ARTICLE 25 – BONDING COMPANY

25.01 The bidder shall submit with his bid the name, address, and telephone number of a person, firm, or corporation who has agreed to execute the required payment and performance bonds in the event

Page xiv that this contract is awarded to the bidder. A form is included in these contract documents for that purpose.

25.02 Such surety company shall be authorized to operate in Texas, shall have all necessary authorization and resources required to issue payment and performance bonds required for the amount of the contract, and shall have a rating of at least A from Best's Key Rating Guide.

ARTICLE 26 – TEXAS ETHIC COMMISSION

26.01 By January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

26.02 The governmental entity of state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

26.03 The following link has tutorials and frequently asked questions that will guide you through the process: https://www.ehtics.state.tx.us/whatsnew/elf_info_form1295.htm

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STATEMENT OF BIDDERS 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 he desires.

Name of Bidder:____________________________________ Date Organized:________________ Address:__________________________________________ Date Incorporated:______________ Number of years in contracting business under present name _____________________________

CONTRACTS ON HAND:

Contract Amount $ Completion Date

Type of work performed by your company:____________________________________________ Number of years experience in this type of construction:_________________________________ Have you ever failed to complete any work awarded to you?______________________________ Have you ever defaulted on a contract?_____________

List at least five (5) projects of a similar nature completed by your firm in the past five (5) years (attach additional pages if necessary):

Contract Amount $ Mo/Yr Completed

Major equipment available for this contract:____________________________________________

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

Credit available: $_____________ Bank reference:______________________________________

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the _______________________________________________ in verification of the recitals comprising this Statement of Bidder’s Qualifications.

Executed this _____ day of ___________________, 20___.

By:(signature) _________________________________________ Title:_____________________

(Print name)_______________________________________

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SCOPE OF WORK

City of Port Neches, Texas

1.0 SCOPE OF WORK

It is the intent of the Contract Documents to provide the requirements and specification for the construction associated with the City of Port Neches, Texas – PORT NECHES BOAT LAUNCH

REHABILITATION PROJECT.

The project generally consists of rehabilitating the Port Neches Boat Launch area including approximately 275 linear feet of adjacent shoreline, including two existing boat ramps and up to approximately 2.5 acres of asphalt pavement.

The work includes, but is not limited to:

• Mobilization, demobilization, temporary facilities, construction access, traffic control, and site safety measures.

• Demolition and removal of existing bulkhead, pavement, concrete, boat-ramp components, utilities, and other improvements necessary to complete the work.

• Construction of a new steel sheet-pile bulkhead system, including sheet piles, structural framing, anchorage, drainage features, backfill, and appurtenances.

• Rehabilitation or reconstruction of two concrete boat ramps, including subgrade preparation, base materials, reinforced concrete paving, transitions, and associated improvements.

• Civil site work, including excavation, grading, fill placement, drainage improvements, utility adjustments, erosion and sediment controls, and site restoration.

• Construction of concrete pavement, sidewalks, curbs, accessible routes, and miscellaneous concrete improvements.

• Rehabilitation of up to 2.5 acres of asphalt pavement, including milling or removal, subgrade and base repairs, asphalt paving, pavement markings, and tie-ins to existing pavement.

• Miscellaneous improvements such as railings, signs, bollards, striping, wheel stops, site furnishings, and other appurtenances shown in the Contract Documents.

• Environmental controls, construction surveying, testing, quality control, record documentation, cleanup, and restoration of areas disturbed by construction.

The Contractor is responsible for filling out a General Pollution Prevention Plan for Roadway Maintenance Projects required by The City Port Neches before beginning construction. The Project Engineer will assist with this process. The form is located in the back of these contract documents.

Summary of Work

A. Base Bid Items

1. Mobilization & Demobilization

Mobilization and demobilization of all equipment, manpower, insurance, and all other items

Page xvii necessary to complete the work outlined in the Contract Documents and Project Drawings. As part of the mobilization effort, the CONTRACTOR shall be responsible for preparing and submitting preconstruction submittals including:

• Detailed project bar chart schedule to include tasks or milestones for pre-job submittals, all other components of work, and demobilization.

• Construction project SWPPP

• Shop drawings and/or technical submittals as required by the project specification for, sheet pile and tie back system materials, concrete mix designs, etc.

The CONTRACTOR shall submit the preconstruction submittals for review, prior to procurement and installation.

This pay item shall include all work incidental to the work and not explicitly covered in another scope of work item including the SWPPP, site security, fencing, barriers, etc.

2. Temporary Erosion, Sedimentation, and Environmental Controls

The CONTRACTOR shall be responsible for installing, maintaining, and removing erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants as indicated on the Project Drawings and as delineated in the Technical Specifications. The control measures include construction exits, construction perimeter fence, and temporary sediment control fence. Work must be performed in a manner to prevent degradation of receiving waters, facilitate project construction, and comply with applicable federal, state and local regulations.

Direct attention to ordinances and regulations of local municipal and county governments and the TCEQ (Texas Commission on Environmental Quality), which may be applicable on this project.

Procure all the necessary city and/or county permits and licenses.

The Contractor shall designate a clean out area for concrete trucks. No other area will be allowed without approval of the OWNER.

3. Demolition

The CONTRACTOR shall be responsible for providing all equipment, manpower and materials for the removal of all concrete or debris along the path of the new bulkhead, demolition of the existing structures, boat ramp, bulkhead, retaining walls, sidewalks, pavements, etc. as shown on Contract Drawings and Technical Specifications as needed for installation of new sheet pile bulkhead, boat ramp and other project components.

All debris from demolition must be removed from the site and disposed of in accordance with all local, state and federal laws.

4. Riprap

The CONTRACTOR shall furnish and install rock riprap at the locations and within the limits indicated on the Project Drawings and specified in the Technical Specifications. The work

Page xviii includes preparing and grading the receiving surface; furnishing and installing geotextile filter fabric; placing bedding stone where required; and placing and arranging riprap to the specified lines, grades, elevations, and thicknesses.

Riprap shall be sound, durable, uncontaminated, and of the specified gradation. Stone shall be placed in a manner that produces a well-keyed, stable mass with minimal voids and prevents damage to the geotextile, bulkhead, drainage features, and adjacent improvements. Materials and installation shall comply with the Project Drawings, Technical Specifications, and other Contract Documents.

5. Salvage Concrete Barriers

The CONTRACTOR shall salvage and reinstall existing low-profile concrete traffic barriers at the locations indicated on the Project Drawings or directed by the OWNER. The work includes carefully removing the concrete barriers and existing anchors; cleaning, handling, storing, and protecting the salvaged wheel stops; transporting them within the Project site; and reinstalling them with new anchors after completion of the pavement work. Barriers damaged by the CONTRACTOR shall be replaced at no additional cost to the OWNER with new units matching the existing wheel stops. Reinstalled concrete barriers shall be properly aligned, securely anchored, and accepted by the OWNER.

6. Steel Sheet Pile Anchored Wall

The CONTRACTOR shall furnish, fabricate, coat, and install the new steel sheet-pile bulkhead at the locations, lines, grades, and elevations indicated on the Project Drawings and specified in the Technical Specifications. The bulkhead system includes steel sheet piling, wale beams, tie rods, anchor piles, drainage penetrations, connection assemblies, and miscellaneous hardware.

The work includes surveying and layout; verifying dimensions and field conditions; providing temporary templates, guides, bracing, and supports required for installation; driving, aligning, and cutting sheet piling; furnishing and installing beams, bolts, anchors, brackets, and other hardware; completing all required welding and weld inspection and testing; forming penetrations; and preparing, applying, protecting, and repairing coatings.

The CONTRACTOR shall separately furnish and install the fender system, including fenders, support components, anchors, bolts, brackets, and miscellaneous attachment hardware, in accordance with the Contract Documents and manufacturer’s written instructions.

The CONTRACTOR shall separately furnish and install the timber rub rails, including cutting, drilling, fitting, and securely attaching the timbers to the supporting bulkhead components with the required bolts, anchors, washers, spacers, brackets, and miscellaneous hardware.

The CONTRACTOR shall separately furnish and install the JET Filter weep-hole assemblies at the locations indicated on the Project Drawings. The work includes forming or cutting the required penetrations and furnishing and installing the filter assemblies, fittings, fasteners, seals, and other required components in accordance with the manufacturer’s written instructions.

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The CONTRACTOR shall separately furnish and place stone backfill and geotextile filter fabric behind the bulkhead within the limits indicated on the Project Drawings. The work includes preparing the receiving surface; placing, joining, and securing the filter fabric; protecting the fabric from damage; and placing the stone in a manner that prevents damage to the bulkhead, coatings, tie rods, drainage components, and filter fabric.

All materials and installation shall comply with the Project Drawings, Technical Specifications, manufacturer requirements, and other Contract Documents.

7. Excavation

The CONTRACTOR shall perform excavation only to the extent required to construct the boat ramp pavement, anchor wall installation, subsurface drainage and complete the pavement reconstruction and rehabilitation indicated on the Project Drawings and specified in the Technical Specifications. The work includes surveying and layout; excavation to the required lines, grades, and depths; handling and lawful disposal of unsuitable or excess material; dewatering, where required; preparation of exposed surfaces; and protection of adjacent improvements and utilities.

Excavation beyond the limits necessary to complete the work shall not be performed without prior authorization from the OWNER.

8. Subsurface Drainage

The CONTRACTOR shall remove and replace the drainage improvements at the locations, lines, grades, and limits indicated on the Project Drawings and specified in the Technical Specifications. The work includes surveying and layout; excavation and dewatering; furnishing and installing drainage pipe, fittings, connections, structures, bedding, and other required materials; connection to the existing drainage system; and backfilling and compaction.The CONTRACTOR shall maintain drainage during construction and protect existing facilities designated to remain. The completed system shall be inspected and tested as required by the Contract Documents.

9. Embankment

The CONTRACTOR shall be responsible for procuring all materials and installing backfill material. All work to be in accordance with the Project Drawings and as delineated in the Technical Specifications. This item includes installation of backfill material in lifts, compaction, testing, etc. as described in the Technical Specifications, and in the Project Drawings and Contract Documents.

10. Flexible Base

The CONTRACTOR shall construct the flexible base course at the locations, lines, grades, depths, and limits indicated on the Project Drawings and specified in the Technical Specifications. The work includes furnishing, hauling, placing, spreading, moisture conditioning, shaping, and compacting the flexible base material. Materials shall be uncontaminated, uniform in quality, and compliant with the Contract Documents.

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11. Lime Treatment

The CONTRACTOR shall construct the lime-treated subgrade at the locations, lines, grades, depths, and limits indicated on the Project Drawings and specified in the Technical Specifications. The work includes furnishing lime, water, and other required materials; preparing and pulverizing the existing subgrade; applying and uniformly mixing the lime; moisture conditioning; curing; shaping; and compacting the treated subgrade. Materials shall be uncontaminated, uniform in quality, and compliant with the Contract Documents.

12. Cement Treatment

The CONTRACTOR…