BID PACKAGE_38.pdf

PROJECT MANUAL

FOR

3RD AVENUE LIFT STATION PROJECT

BID NUMBER P27-001

CHARLOTTE M. MOSES, MAYOR RONALD BURTON, CPM

THOMAS KINLAW, III CITY MANAGER

MAYOR PRO TEM

CHRISTE WHITLEY NED, TRMC

COUNCIL MEMBERS: CITY SECRETARY

TAYLOR L. GETWOOD

CAL J. JONES ROXANN PAIS COTRONEO

WARREN PENA CITY ATTORNEY

KAALA JACOBS

DONALD FRANK, SR.

OCTOBER 13, 2026

INVITATION TO BID

DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central

Standard Time, Wednesday, October 28, 2026. (The clock located in the City Secretary’s office will be the official time.) All bids received will be read aloud at 3:15 p.m. on

Wednesday, October 28, 2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.

MARK ENVELOPE: P27-001

DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:

CITY OF PORT ARTHUR CITY OF PORT ARTHUR

CITY SECRETARY or CITY SECRETARY

P.O. BOX 1089 444 4TH STREET, 4th Floor

PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640

POINTS OF CONTACT:

Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:

City of Port Arthur, TX

Clifton Williams, Purchasing Manager

P.O. Box 1089

Port Arthur, TX 77641 clifton.williams@portarthurtx.gov

Purchasing Division/Finance Department | Purchasing Manager, Clifton Williams

P.O. Box 1089|444 4th Street| Port Arthur, Texas 77641| 409.983.8160 |Fax 409.983.8291 mailto:clifton.williams@portarthurtx.gov

The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.

Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor’s name and address in the upper left-hand corner of the envelope.

ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY’S OFFICE BEFORE

OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed

ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted.

Clifton Williams

Purchasing Manager

INVITATION TO BID

(To be Completed ONLY IF YOU DO NOT BID.)

FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY

RESULT IN REMOVAL FROM THE VENDOR’S LIST. However, if you are removed you will be reinstated upon request.

In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated.

NO BID is submitted: ____ this time only ____ not this commodity/service only

Yes No

Does your company provide this product or services?

Were the specifications clear?

Were the specifications too restrictive?

Does the City pay its bills on time?

Do you desire to remain on the bid list for this product or service?

Does your present work load permit additional work?

Comments/Other Suggestions:

Company Name:

Person Completing Form: Telephone:

Mailing Address: Email:

City, State, Zip Code: Date:

NON-MANDATORY

PRE-BID CONFERENCE

A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for 3rd Avenue Lift Station Project is scheduled for October 20, 2026 at 10:00 A.M., the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, TX 77640.

The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract

Documents.

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

For Construction of

3RD AVENUE LIFT STATION PROJECT

To Serve

The CITY OF PORT ARTHUR

PORT ARTHUR, TEXAS

(Non-Federally Funded Project)

TABLE OF CONTENTS

A. CONSTRUCTION CONTRACT

AGREEMENT

B. ADVERTISEMENT FOR BIDS

C. INFORMATION TO BIDDERS

D. BID

E. BID BOND

F. GENERAL CONDITIONS

G. TECHNICAL SPECIFICATIONS

H. PAYMENT BOND

I. PERFORMANCE BOND

J. NOTICE OF AWARD

K. NOTICE TO PROCEED

L. INSURANCE

M. NON-COLLUSION AFFIDAVIT

N. AFFIDAVIT

O. CONFLICT OF INTEREST

P. SB 252 CHAPTER 2252 CERTIFICATION

Q. HOUSE BILL 89 VERIFICATION

R. SOIL REPORT

SECTION A

CONSTRUCTION CONTRACT AGREEMENT

A-1

CONSTRUCTION

CONTRACT AGREEMENT

THIS AGREEMENT, made this day of ______ A.D. 2026, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called “OWNER” or “CITY” and_____________________________.

herein acting by and through_________________________________, hereinafter called

“CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows:

1. The CONTRACTOR will commence and complete the 3RD AVENUE LIFT STATION

PROJECT

2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein.

3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents.

4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $________________, or as shown in the Bid Schedule.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) Construction Contract Agreement

(B) Advertisement for BIDS

(C) Information to BIDDERS

(D) Bid

(E) Bid Bond

(F) General Conditions

(G) Technical Specifications

(H) Payment Bond

(I) Performance Bond

(J) Notice of Award

(K) Notice to Proceed

(L) Insurance

(M) Non-Collusion Affidavit

(N) Affidavit

(O) Conflict of Interest

(P) SB 252 Chapter 2252 Certification

(Q) House Bill 89 Verification

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

A-2

IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written.

OWNER:

City of Port Arthur

BY: __________________________

CONTRACTOR NAME:_______________________

______________________________________ TITLE:________________________

BY: ___________________________________

NAME: ________________________________

ADDRESS: _____________________________

[CORPORATE SEAL]

ATTEST: ________________________________

NAME: __________________________________

SECTION B

ADVERTISEMENT FOR BIDS

CITY OF PORT ARTHUR, TEXAS

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, October 28, 2026 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, October 28, 2026 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as:

Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened.

Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City’s website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com.

NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR 10:00 A.M. ON TUESDAY,

OCTOBER 20, 2026 AT CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, PORT

ARTHUR, TEXAS.

Per Chapter 2 Article VI Sec. 2-262(C) of the City’s Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City.

Clifton Williams Purchasing Manager

FIRST PUBLICATION: October 10, 2026

SECOND PUBLICATION: October 17, 2026 http://www.publicpurchase.com/

SECTION C

INFORMATION TO BIDDERS

INFORMATION TO BIDDERS

NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.

All bids meeting the intent of this request for bid will be considered for award. BIDDERS

TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,

SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.

ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.

BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.

The City reserves the right to:

1. Reject any and all bids and to make no award if it deems such action to be in its best interest.

2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the

City.

3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City.

TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent.

Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed.

CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

176 of the Texas Local Government Code and you are representing that you in compliance with them.

Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney.

ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur.

MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:

1. Be able to comply with the required or proposed delivery schedule.

2. Have a satisfactory record of performance.

3. Have a satisfactory record of integrity and ethics.

4. Be otherwise qualified and eligible to receive an award.

5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required.

6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City.

7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same.

ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder’s failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor’s responsibility to check for any addendum(s) that might have been issued before bid closing date and time.

PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.

PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices.

INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.:

Accounts Payable, P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov.

PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City’s standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice.

SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax.

VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.

COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein.

INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance.

DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB.

QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount.

SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640

INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party.

CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications.

The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail.

While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved.

In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder.

Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.

TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.

RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests.

CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City.

SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement.

INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits

1. Standard Worker's Compensation Insurance:

2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured):

a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and,

b. Property Damage $100,000 per occurrence regardless of contract amount; and,

c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000.

3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's).

a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage.

b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.

Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.

None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.

NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and

CONTRACTOR.

CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.

INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:

Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from.

Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage.

DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract.

MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one

(1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.

ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973).

DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim.

MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim.

SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated.

BID SECURITY AND LIQUIDATED DAMAGES:

Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur (CITY), or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids;

that if a bid is accepted, the bidder will enter into a formal Contract with the CITY, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the CITY for the difference between the amount specified in the bid in the amount for which the CITY may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified.

The Bidder to whom the award is made shall execute and return the formal Contract with the CITY and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the CITY, within said period, of reasons which the sole discretion of the CITY, justify an extension. If said Contract, bonds and insurance Documents are not received by the CITY within said period or if work has not been commenced within the time specified, the CITY may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation.

The CITY, within ten (10) days of receipt of acceptable Performance and Payment bonds, insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should the CITY not execute the Contract within such period, the Bidder may, by written Notice to CITY, withdraw his signed Agreement.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project is extremely important to the CITY. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" issued by the CITY and to fully complete the project within 90 calendar days.

Failure of the CONTRACTOR to complete the Work within the time allowed will result in damages being sustained by the CITY. It is agreed and understood that it would be impractical and extremely difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is not intended by the parties to be a penalty. As such, liquidated damages of $500.00 per day will be imposed for each calendar day the service delivery date is exceeded.

By submittal of Bid on the project, and by execution of the Contract by the CONTRACTOR awarded the project shall constitute an agreement by the CITY and CONTRACTOR that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney.

SECTION D

BID

D1

BID

TO: CITY OF PORT ARTHUR

444 4TH STREET

P.O. BOX 1089

PORT ARTHUR, TEXAS 77640

Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of , doing business as * , and acting by and through to the City of Port Arthur, Texas (hereinafter called "OWNER").

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of IMPROVEMENTS TO 3rd AVENUE Lift Station in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT by _____________ and for final completion of the PROJECT by_____________ as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $315.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions.

Enclosed is bid security as required.

BIDDER acknowledges receipt of the following ADDENDUM:

*Insert "a corporation," "a partnership," or "an individual" as applicable.

BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum:

BASE BID ITEMS

Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount

D2

1 1 LS

Mobilization

Lump Sum

2 1 LS

Excavation & Trench Safety Plan

Lump Sum $ $

1 LS

Erosion & Sedimentation Control

Lump Sum $ $

4 118 SY

6” Thick Reinforced Concrete Driveway

Replacement as Required

Per Square Yard

5 1720 SY

Seeding for Erosion Control, Complete in place.

Per Square Yard

6 1 EA

Sanitary Sewer Manhole Complete in place (17’ +/- depth)

Per Each

7 70 LF

18” DR 11 HDPE Sanitary Sewer Complete including connection to manhole and lift station wet well complete in Place.

Per Linear Foot

No. Qty. Unit Unit Price Written in Words Price Amount

D3

8 200 LF

12” Ductile Iron Force Main Complete in Place, including backfill and Compaction, complete in place.

Per Linear Foot

9 1 LS

1” HDPE Water Service Complete in Place including tap, meter with meter box, freeze proof hose bib and 1” RPZ with heated aluminum enclosure

Lump Sum

10 1 LS

Mobilization and 2 weeks of dewatering by well point for wet well construction

Lump Sum

11 10 Week

Week of dewatering after initial two weeks by well point for wet well construction

Per Week $ $

12 1 LS

Lift Station Wet Well by Caisson Construction Method Complete in Place

Lump Sum

13 1 LS

100 mil DFT Raven 405 Coating of lift station walls and ceiling by Certified Applicator Complete in Place

Lump Sum

No. Qty. Unit Unit Price Written in Words Price Amount

D4

14 150 SF

1 1/4” Aluminum Grating for Valve Vault

Per Square Foot

15 50 LF

8” Ductile Iron Piping complete in place

Per Linear Foot

16 4 EA

8” Eccentric Plug Valves Complete in Place

Per Each

17 2 EA

8” Swing Arm Check Valves Complete in Place

Per Each

18 1 EA

Combination Air/Vacuum Release Valve Complete in Place

Per Each

19 1 EA

Bypass Pumping Assembly Complete in Place

Per Each $ $

20 3 EA

8” Dismantling Joints Complete in Place

Per Each

No. Qty. Unit Unit Price Written in Words Price Amount

D5

21 1 Ton

Ductile Iron Fittings Complete in Place

Per Ton

22 300 SF

Painting of All Piping Complete in Place

Per Square Foot

23 1 LS

1.5 Ton Cantilever Arm Monorail Crane

Complete in Place with Electric Hoist and Trolley

Lump Sum

24 1 LS

Electrical and Controls for Lift Station Complete in Place Including Area Lighting, Conduit Both Above Grade and Below Ground, electrical Enclosures, Enclosure Supports, Slab, and Covers, Complete in Place

Lump Sum

25 1 LS

Emergency Electrical Diesel Generator With 24 Hour Fuel Tank and Automatic Transfer Switch complete in Place Including Containment Slab, and Elevated Walkways on Each Side (80KW/100KVA, 0.8PF 480/277V, 3PH, 4W GEN-1)

Lump Sum

26 250 TONS

Asphalt Street Repair TXDOT Type-D, 2” Thick (min.), Includes Removal of Existing Asphalt, Complete in Place

Per Ton

No. Qty. Unit Unit Price Written in Words Price Amount

D6

27 1 LS

Demolition of Existing 3rd Ave. Lift Station Including Restoration of the Site Complete in Place

Lump Sum

28 1 LS

Traffic Control Plan, Furnish and Install Temporary Traffic Control Measures.

Lump Sum

29 230 LF

8’ Wooden Fence W/Single Strand Barbed Wire Topper, Including Double Swing Gate, 14’ Opening.

Per Linear Foot

30 1 LS

Electrical Service Rack Slab

Lump Sum

31 1 EA

Allowance for use as Recommended by the Engineer and Approved by the Director of Water Utilities @ Fifty Thousand Dollars total. $50,000.00 $50,000.00

TOTAL AMOUNT BASE BID $_________________________

ADD ALTERNATE BID #1 ITEMS

No. Qty. Unit Unit Price Written in Words Price Amount

D7

1A 1 LS

Vapex Odor Control System Complete in Place

Lump Sum

TOTAL AMOUNT ADD ALTERNATE #1 BID $_________________________

D8

Section D

__________________________________________and__________ /100 Dollars (Total Base Contract Price-Written)

Total number of Calendar days to complete Base Bid Work: _548__

__________________________________________and__________ /100 Dollars (Total Add Alternate #1 Contract Price-Written)

Total number of Additional Calendar days to complete Add Alternate #1: _45__

__________________________________________and__________ /100 Dollars (Total Base Contract Price Plus Add Alternate #1-Written)

Total number of Calendar days to complete Base Bid Work and Add Alternate #1:

_593_

QUANTITIES OF WORK:

The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price.

Bid Submitted by: ______________________________, Contractor

Represented by: _______________________________

______________________________, Title

Bid Prepared by: _______________________________, Estimator

_______________________________, Estimator

SECTION E

BID BOND

E-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, _________________ as Principal, and

__________________________________________________________ as Surety, are hereby held and firmly bound unto _______________________________________as

OWNER in the penal sum of

____________________________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _______________ day of __________________________, 20______. The

Condition of the above obligation is such that whereas the Principal has submitted to

___________________________________________________________ a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a

Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated.

E-2

The Surety, for value received, hereby stipulates and agrees that the obligations of said

Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above.

(L.S.) PRINCIPAL

SURETY

BY:

IMPORTANT - Surety companies executing BONDS must appear on the Treasury

Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

SECTION F

GENERAL CONDITIONS

F-1

GENERAL CONDITIONS

1. CONTRACT AND CONTRACT DOCUMENTS

The Plans, Specifications and Addenda, enumerated in the Agreement and

Paragraph 1 of the Supplemental General Conditions, shall form part of this

Contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The Table of Contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, or cast light on the interpretation of the provisions to which they refer.

2. DEFINITIONS

The following terms, as used in this Contract, are respectively defined as follows:

a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR.

b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR.

c. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor.

d. "OWNER": Refers to the CITY OF PORT ARTHUR.

e. "CITY": Refers to the CITY OF PORT ARTHUR.

f. "ENGINEER": CITY OF PORT ARTHUR

3. TERMINATION OF CONTRACT FOR CAUSE

If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF

PORT ARTHUR, shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT

ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the for damages sustained by the CITY OF PORT ARTHUR by virtue

F-2 of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined.

4. PERSONNEL

a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of, or have any contractual relationship with, the CITY OF PORT ARTHUR.

b. All of the work required hereunder will be performed by the CONTRACTOR, or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.

c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract.

5. REPORTS AND INFORMATION

The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

6. RECORDS AND AUDITS

The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares.

These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative and will be retained for three (3) years after the expiration of this Contract, unless permission to destroy them is granted by the CITY OF PORT ARTHUR.

7. FINDINGS CONFIDENTIAL

All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential, and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR.

F-3

8. COPYRIGHT

No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR.

9. COMPLIANCE WITH LAWS

The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the Federal, State and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities.

10. INTEREST OF MEMBERS OF CITY

No member of the governing body of the CITY OF PORT ARTHUR, and no other Officer, Employee or Agent of the CITY OF PORT ARTHUR, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance.

11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS

No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance.

12. INTEREST OF CONTRACTOR AND EMPLOYEES

The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed.

13. INCORPORATION OF PROVISIONS REQUIRED BY LAW

Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party.

14. CERTIFICATES AND PERMITS

F-4

Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR, CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation.