BND Cargo Dock 3 Phase I _ III - Demolition and Construction Bid Document.pdf

BROWNSVILLE NAVIGATION DISTRICT

CONTRACT DOCUMENTS

AND

SPECIFICATIONS FOR

BND CARGO DOCK NO. 3 - PHASE I & III:

DEMOLITION AND CONSTRUCTION

JUNE 3, 2025

CARGO DOCK 16

Table of Contents

BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION AND CONSTRUCTION

TOC - 1 of 2 PORT OF BROWNSVILLE

SECTION PAGE NO(S).

ADVERTISEMENT FOR BIDS AFB-1

INTENT TO BID STATEMENT ITBS-1

INSTRUCTIONS TO BIDDERS ITB-1 – ITB-9

BIDDING DOCUMENTS

BID FORM BF-1 - BF-6

BID BOND BB-1

STATEMENT OF NON-COLLUSION NC-1

DISCLOSURE OF INTERESTS DI-1 – DI-2

CERTIFICATE & DEFINITIONS C&D-1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

AND OTHER RESPONSIBILITY MATTERS CRD-1

RESPONDENT’S ACKNOLEDGEMENT FORM 1 PAGE

VENDOR FORM PACKET 7 PAGES

GOVERNMENT CODE CHAPTER 2270 AND 2252 DISCLOUSURE STATEMENT 1 PAGE

CONTRACTOR'S PRE-BID DISCLOSURE STATEMENT CPBD-1 – CPBD-3

SUBCONTRACTOR'S PRE-BID DISCLOSURE STATEMENT SPBD-1 – SPBD-3

CONTRACT DOCUMENTS

AGREEMENT AG-1 – AG-5

PERFORMANCE BOND PEB-1 – PEB-3

PAYMENT BOND PYB-1 – PYB-3

CERTIFICATES OF INSURANCE CI-1

GENERAL CONDITIONS GC-1 – GC-44

SUPPLEMENTARY GENERAL CONDITIONS SGC-1 – SGC-14

DRAWINGS SHEETS 1 THRU 57

DEMOLITION ...................................................................................................... 14 SHEETS CONSTRUCTION ................................................................................................ 57 SHEETS

TECHNICAL SPECIFICATIONS

DEMOLITION ........................................................................................................ 65 PAGES CONSTRUCTION ................................................................................................ 195 PAGES

NOTICE OF AWARD & ACCEPTANCE OF NOTICE NOA - 1

BND CARGO DOCK NO. 3 - PHASE I & III:

DEMOLITION AND CONSTRUCTION TABLE OF CONTENTS

TOC - 2 of 2 PORT OF BROWNSVILLE

NOTICE TO PROCEED & ACCEPTANCE OF NOTICE NTP – 1

AFFIDAVIT OF ALL BILLS PAID ABP-1 – ABP-2

TXDOT SMALL BUSINESS ENTERPRISE PAGE 1

Advertisement for Bids

Notice to Bidders

Notice is hereby given that bids will be received by the Brownsville Navigation District (“BND”) of Cameron County, Texas for the “BND CARGO DOCK NO. 3 - PHASE I & III:

DEMOLITION AND CONSTRUCTION” project at the Port of Brownsville, Cameron County, Texas.

Bids must be delivered in a sealed envelope labeled with the project name to BND at 1000 Foust Road, Brownsville, Texas 78521 no later than 4:00 P.M. on Tuesday, June 3, 2025, addressed to Mr. Zeus Yañez, BND Finance Director. Bids will be calculated on a Unit Price basis and must comply with the requirements set out in the Bid Document, which may be obtained from Mr.

Manuel Martinez, Assistant Director of Engineering Services at mmartinez@portofbrownsville.com, at (956) 831-4592, or at www.portofbrownsville.com. Bid security in the amount of 5% of the highest bid amount is required as specified in the Bid Document. A Mandatory Pre-Bid Virtual Conference will be held at 2:00 P.M. on Thursday, May 15, 2025. The link will be made available to interested bidders who submit the Intent to Bid Form, which could be retrieved from the Port of Brownsville website.

The BND Board of Commissioners HEREBY RESERVES THE RIGHT to reject any and all bids, and to select the bid deemed most advantageous to the BND.

4/23/2025, 4/30/2025 mailto:mmartinez@portofbrownsville.com http://www.portofbrownsville.com/

Intent to Bid Statement

ITBS - 1 of 1 PORT OF BROWNSVILLE

June 3, 2025

1. CONTRACTOR’S INFORMATION:

Contractor:

Address: Main Phone:

City: State: Zip:

2. CONTRACTOR’S INTENT TO BID STATEMENT:

We, the above-named contractor, hereby declare our Intent to Bid on the “BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION AND CONSTRUCTION” project at the Port of Brownsville.

We acknowledge and understand that a Mandatory Pre-Bid Virtual Meeting will be held at the BND Administration Building, 1000 Foust Road, Brownsville, TX and will attend virtually or in person. We assume responsibility to secure the link for said Virtual Meeting.

We hereby request to be included in the bidder’s list and to be notified of the issuance of any Addenda for this project. We also acknowledge and understand that our company information on this form will be made available to the public.

3. CONTRACTOR’S OFFICER:

Name: Work Phone:

Title: Cel Phone:

Signature: Date:

Main eMail Address:

Secondary eMail Address:

Instructions to Bidders

ITB - 1 of 9 PORT OF BROWNSVILLE

1. RECEIPT AND OPENING OF BIDS:

The Brownsville Navigation District, Texas, (hereinafter called OWNER), invites bids on the form attached hereto, all blanks of which must be appropriately filled in, in ink.

The OWNER may consider informal and non-responsive, any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

No BIDDER may withdraw a bid within at least ninety (90) days after the actual date of the opening thereof.

2. INSPECTION OF SITE:

Each BIDDER shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and shall fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The BIDDER should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor, by the execution of the Contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument, or to visit the site and acquaint himself with the conditions there existing and the OWNER will be justified in rejecting any claim for extra time, or compensation, or both, based on facts regarding which Contractor should have been on notice as a result thereof.

3. PREPARATION OF BID AND USE BID FORMS:

These contract documents include a complete set of bidding documents. The BIDDER shall copy all documents listed in the table of contents under the heading BIDDING DOCUMENTS and shall submit his bid on these forms. A bid shall be comprised of the BIDDING DOCUMENTS completed by the BIDDER plus supplemental information required by the specifications and documents or deemed necessary by the BIDDER to fully describe his offering.

If any of the information submitted as part of the bid is considered to be proprietary by the BIDDER, he shall identify such in his bid.

a) Preparation. Each bid shall be carefully prepared using the proposal and proposal data forms included as a part of the bidding documents. Entries on the proposal and proposal data forms shall be typed, using dark black ribbon, or legibly written in black ink. All prices shall be stated in words and figures except where the forms provide for figures only. In case of discrepancy, the amount shown in words will govern.

The BIDDER shall acknowledge, in the space provided in the proposal form, receipt of each addendum issued for the specifications and documents during the bidding period.

DEMOLITION AND CONSTRUCTION INSTRUCTIONS TO BIDDERS

ITB - 2 of 9 PORT OF BROWNSVILLE

The BIDDER shall assemble all drawings, catalog data, and other supplementary information necessary to thoroughly describe materials and equipment covered by the proposal, and shall attach such supplemental information to the copies of the specifications and documents submitted.

b) Signatures. Each BIDDER shall sign the proposal with his usual signature and shall give his full business address. The BIDDER's name stated on the proposal shall be the exact legal name of the firm. The names of all persons signing should also be typed or printed below the signature.

Proposals by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. A complete list of the partners shall be included with the proposal.

Proposals by a corporation shall be signed in the official corporate name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation.

A proposal by a person who affixes his signature the word "president," "secretary,"

"agent," or other designation, without disclosing his principal, will be rejected. Satis-factory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. Bidding corporations shall designate the state in which they are incorporated and the address of their principal office.

c) Submittal. The original proposal (and its accompanying copy) shall be transmitted to arrive at the designated address not later than the date and time stipulated in the Legal Notice and Invitation to Bid.

Submit the original proposal and one signed copy of the proposal to:

Chairman, Board of Commissioners Brownsville Navigation District, Texas c/o Manuel Martinez, 1000 Foust Road Brownsville, Texas 78521

Each bid must be submitted in a sealed envelope bearing on the outside the name of the BIDDER, his address, and the name of the project for which the bid is submitted.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

4. METHOD OF BIDDING: UNIT PRICE.

Prices shall be firm, not subject to qualification, condition or adjustment. Prices shall be in United States dollars. Prices shall be lump sum except where unit prices are requested by the bid forms.

If unit price items are required by the proposal, the unit prices for each of the several items in the proposal of each BIDDER shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents

ITB - 3 of 9 PORT OF BROWNSVILLE the total bid. Any bid not conforming to the requirement may be rejected as informal and non-responsive. The special attention of all BIDDERS is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work pursuant to public competitive bidding statutes (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five (25%) percent. A proposed decrease only that exceeds twenty-five (25%) percent of the original contract price must be agreed to in advance by the Contractor.

5. MANDATORY PRE-BID CONFERENCE:

A Mandatory Pre-Bid meeting between the OWNER, prospective bidders, suppliers, etc., will be held to answer any questions concerning the work. No addenda will be issued at this meeting.

Subsequent thereto, if necessary to clear up any written questions, a written addendum will be issued by the OWNER to all pre-bid conference attendees. The pre-bid meeting will be held at the place, time and date indicated in the Invitation to Bid, unless re-scheduled by Addendum.

Interested parties are invited to attend.

6. DISCLOSURE BY BIDDER:

Each BIDDER shall submit with the bid documents, on the form furnished for that purpose, his Pre-Bid Disclosure Statement showing his experience record in performing the type of work embraced in the contract, his organization and equipment available for the work contemplated, and, when specifically requested by the OWNER, a detailed financial statement. The OWNER shall have the right to take such steps as it deems necessary to determine the ability and res-ponsibility of the BIDDER to perform his obligations under the Contract and the BIDDER shall be responsive in furnishing the OWNER all such information and data for this purpose as it may request. OWNER reserves the right to reject any bid where an investigation of the available evidence or information does not satisfy the OWNER that the BIDDER is responsible to carry out properly the terms of the Contract. This shall also apply to any proposed subcontractor(s).

7. SUBCONTRACTS:

The BIDDER is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the OWNER, and that a Pre-Bid Disclosure Statement for each proposed subcontractor must also be submitted with the bid documents.

8. BID SECURITY:

Each bid must be accompanied by certified or cashier's check, or a bid bond prepared on the form of the bid bond attached hereto, duly executed by the BIDDER as principal and having as surety therein a surety company approved by the OWNER, authorized to do business in the State of Texas in the amount of not less than five (5%) percent of the bid. Such checks, or bid bonds will be returned to all except the three lowest BIDDERS within fifteen (15) days after the opening of bids, and the remaining checks, or bid bonds will be returned promptly after the OWNER and the accepted BIDDER have executed the contract or if no award has been made, within thirty (30)

ITB - 4 of 9 PORT OF BROWNSVILLE days after the date of the opening of bids. The bid security will be returned upon demand of the BIDDER at any time thereafter, so long as he has not been notified of the acceptance of his bid.

9. ADDENDA AND INTERPRETATIONS:

No oral interpretations by OWNER and its representatives shall be binding upon OWNER as to the meaning of the plans, specifications, contract documents, or other pre-bid documents.

Every request for such interpretation should be made in writing, addressed to the Engineering Services Department of the Brownsville Navigation District, and must be received at least ten (10) days prior to the date fixed for the opening of bids in order to be considered. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be on file at the Department mentioned above no later than five (5) days prior to the date fixed for opening of bids, and will be mailed by certified mail with return receipt requested to all prospective BIDDERS (at the respective addresses furnished for such purposes), not later than three (3) days prior to said date. It will be the BIDDER's responsibility to inquire as to any addenda issued and failure of any BIDDER to receive any such addenda or interpretation shall not relieve such BIDDER from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

10. TELEGRAPHIC MODIFICATION:

Any BIDDER may modify his bid by telegraphic and/or telefax communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic or telefax communication is received by the OWNER prior to the closing time, and provided further, the OWNER is satisfied that a written confirmation of the telegraphic or telefax modification over the signature of the BIDDER was also mailed prior to the closing time. The telegraphic or telefax communication should not reveal the total bid price, but should provide the addition or subtraction, or other modification, so that the final prices or terms will not be known by the OWNER until the original sealed bid is opened.

Revised bids submitted before the opening of bids, whether forwarded by mail, telegram, or telefax if representing an increase in excess of two percent (2%) of the original bid, must have the bid security adjusted accordingly; otherwise the bid will not be considered responsive.

If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic or telefax modification.

11. TIME FOR RECEIVING BIDS:

Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the OWNER that the non-arrival on time was due solely to delay in the mails for which the BIDDER was not responsible, such bid will be received and considered.

ITB - 5 of 9 PORT OF BROWNSVILLE

BIDDERS are cautioned that, while telegraphic or telefax modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpre-tation, shall make the bid so modified or amended, subject to rejection for non-responsiveness.

12. OPENING OF BIDS:

At the time and place fixed for the opening of bids, the OWNER will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities therein. BIDDERS and other persons properly interested may be present, in person or by representative.

13. WITHDRAWAL OF BIDS:

Bids may be withdrawn on written, telegraphic, or telefax request dispatched by the BIDDER in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the BIDDER is placed in the mail and postmarked prior to the time set for bid opening. The bid security of any BIDDER withdrawing his bid in accordance with the foregoing conditions will be returned promptly.

14. AWARD OF CONTRACT: REJECTION OF BIDS:

The contract will be awarded to the responsive and responsible BIDDER submitting the lowest bid complying with the conditions of the Legal Notice and Invitation for Bids. The BIDDER to whom the award is made will be notified at the earliest possible date. The OWNER, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in its interest.

The OWNER reserves the right to consider as not responsible any BIDDER who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

15. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND:

Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful BIDDER shall execute and deliver to the OWNER an agreement in the form included in the contract documents in such number of copies as the OWNER may require.

Having satisfied all conditions of award as set forth elsewhere in these documents, the successful BIDDER shall, within the period specified in the preceding paragraph, furnish a Performance Bond and Payment Bond, each in a penal sum not less than the full amount of the contract as awarded, as security for the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. These bonds shall be signed by a guaranty or surety company legally

ITB - 6 of 9 PORT OF BROWNSVILLE authorized to do business in the State of Texas.

The failure of the successful BIDDER to execute such agreement and to supply the required bonds and insurance certificates within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the OWNER may grant in writing, based upon reasons determined sufficient by the OWNER, shall constitute a default, and the OWNER may either award the contract to the next lowest responsive and responsible BIDDER or readvertise for bids, and may charge against the defaulting BIDDER the difference between the amount of the defaulted bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by readvertising, the defaulting BIDDER shall have no claim against the OWNER for a refund.

16. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:

The successful BIDDER, upon his failure or refusal to execute and deliver the contract, bonds and insurance certificates required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the OWNER, as liquidated damages (and not as a penalty) for such failure or refusal, the security deposited with his bid.

17. TIME OF COMPLETION AND LIQUIDATED DAMAGES:

BIDDER must agree to commence work on or before a date to be specified in a written "Notice to Proceed" issued by the OWNER and to fully complete the project within the contract time, as provided in Article 3 of the Agreement.

BIDDER must agree also to pay as mutually agreed to liquidated damages, and not as a penalty, the sum of one thousand ($1,000.00) per day for each consecutive calendar day thereafter, as provided in said Article 3.

18. NOTICE OF SPECIAL CONDITIONS:

Attention is particularly called to those parts of the contract documents and specifications which deal with the following:

A. Inspection and testing of materials.

B. Insurance requirements.

C. Wage and Hour Provisions.

D. State Sales and Use Tax Exemption Provisions

19. LAWS AND REGULATIONS:

The BIDDER's attention is directed to the fact that all applicable federal, state and local laws, statutes, ordinances, codes and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

ITB - 7 of 9 PORT OF BROWNSVILLE

20. EQUAL EMPLOYMENT OPPORTUNITY:

Attention of BIDDERS is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, handicap, or national origin.

21. SUBMITTAL OF TRENCH SAFETY DESIGN:

If project includes open trench excavation deeper than 5 feet, contractor shall submit a trench safety system to Engineer for review and approval prior to beginning of construction.

22. INFORMATION TO BE SUBMITTED WITH PROPOSAL:

Each BIDDER shall submit with his proposal pertinent information concerning proposed equipment and materials and proposed construction organization.

a) Equipment and Materials. In addition to the information submitted on the proposal and proposal data forms, each BIDDER shall submit all specifications, preliminary drawings, and similar descriptive information necessary to describe completely the equipment and materials he proposes to furnish, if applicable.

The proposal shall be based on new equipment and materials which comply with specifications and documents in every respect, unless the BIDDER takes specific exception as provided herein before. If alternate or "equal" equipment and materials are indicated in the proposal, it shall be understood that the OWNER will have the option of selecting any one of the alternates so indicated and such selection shall not be a cause for extra compensation or extension of time.

b) Contractor's Field Organization. Each BIDDER shall submit with his proposal an organization chart showing the names of field management, supervisory, and technical personnel, and the details of the management, supervisory, and technical organization which he proposes to use for this project. The successful BIDDER's organizational concept will be subject to the review and acceptance of the OWNER. The experience record of the Contractor's field superintendent shall be submitted with the proposal.

23. PREFERENCE LAW:

Contractor selection will take into consideration any Preference Laws of the Statutes of Texas.

24. SUBSURFACE CONDITIONS:

Each BIDDER shall be responsible for determining prior to bidding, the types of subsurface materials which will be found. If test borings have been made on the site, the locations and logs of the test borings are included in the plans.

It is to be expressly understood and acknowledged by the BIDDER, that any information on subsurface materials made available by OWNER for BIDDER'S convenience shall not be a part

ITB - 8 of 9 PORT OF BROWNSVILLE of the contract documents and there is no expressed or implied guarantee of the data given, nor of the interpretation thereof.

All excavation for this project will be unclassified and the BIDDER shall be responsible for investigating and satisfying himself of subsurface conditions (including the presence or likelihood of encountering rock or rock-like materials and debris) prior to submitting his bid, which shall include any and all costs BIDDER associates with avoiding, managing or removing said subsurface conditions without claim for extra compensation against OWNER.

25. DISPOSAL OF EXCESS MATERIALS:

After backfilling and compacting any temporary trenches backfill or removing temporary earthen material, there may be in some instances an excess of soil material over that required to bring the backfill up to the original grade. In such cases where there is an excess of material, BIDDER shall load and haul it away from the job site and dispose of it in a legal manner so as not to trespass, adversely impact any protected wetlands, adversely impact the 100 year flood plain, adversely impact any endangered species, or otherwise create drainage diversions or impoundments. No extra remuneration for this work will be allowed.

26. EROSION AND SEDIMENT CONTROL MEASURES:

The BIDDER is expected to conduct his work in such a manner as to minimize any soil erosion or sediment runoff from the construction site. Earth cuts and fills shall have smooth, flat side slopes, as generally indicated on the PLANS, to preclude erosion of the soil. Such operations should be timed consistent with the actual need for doing the work and only to leave raw, unprotected surfaces for a minimum of time.

Existing lawns are to remain intact as far as practical. Such areas as are disturbed shall be duly restored by the BIDDER to as good or better than original condition using the same type of grass, shrubs, or cover as the original. The BIDDER shall be responsible for correcting any erosion that occurs at his sole cost without claim for extra compensation.

As construction progresses, and in accordance with current federal legislation regulating storm water runoff and management from construction sites greater than five acres in size, if applicable, (See: Section 405 of the Water Quality Act of 1987, Section 402(P) as amended), and at locations where erosion with sediment runoff occurs or is likely to occur, the BIDDER shall construct temporary ditches, retainage levees, drains, inlets, or other works to correct the condition. Upon completion of the work, such facilities shall be removed.

During construction, the BIDDER shall take the necessary precautions to see that erosion is controlled and sediment runoff is prevented so as to protect the quality of any neighboring water bodies.

27. SAFETY PROVISIONS:

BIDDER shall provide barricades, flares, warning signs, and/or flagmen so as to eliminate danger and inconvenience to the public, railroad and job site personnel. In addition to any other

ITB - 9 of 9 PORT OF BROWNSVILLE requirements of the Contract Documents, the BIDDER shall be responsible for familiarity and compliance with all Federal (OSHA), State, Railroad and local safety rules, laws and requirements with particular attention to be given to excavation and trench safety requirements.

28. PROTECTION OF PROPERTY AND EXISTING UTILITIES:

Within developed areas, all public and private property along and adjacent to the BIDDER'S operations, including lawns, yards, shrubs, drainage gradients and trees, shall be adequately protected, and when damages occur, they shall be repaired, replaced, or renewed or otherwise put in a condition equal to or better than that which existed before the BIDDER caused the damage or removal.

An attempt has been made to show all known existing utilities on the PLANS, but the possibility remains strong that some underground utilities may exist that have not been shown. The BIDDER, through mandatory contact with local utility owners, shall keep himself informed and take such precautions as necessary to avoid damage.

29. WAGES AND HOURS:

The most recent wage rate determination from the U.S. Department of Labor for Cameron County as locally adopted by the BND is a part of these specifications and controls minimum wage, hour and any fringe benefits.

A copy of the wage rate schedule must be posted at the job site in both English and Spanish and kept posted in a conspicuous place on the site of the project at all times during construction. The BIDDER shall familiarize himself with the included General Conditions Section entitled “Wage and Labor Standard Provisions - 100% Locally Funded Construction.” Copies of the wage rate schedule are included herein, but the responsibility for posting and keeping posted rests upon the

BIDDER.

30. GUARANTEE:

The BIDDER shall guarantee the work for a period of one (1) year after date of acceptance in writing by the OWNER. During this period, the BIDDER shall make any repairs and/or replace-ments of defective materials and corrections due to poor workmanship, all as may be required for full compliance with the Specifications. This guarantee shall apply to all matters reported by the OWNER in writing within said one (1) year period and this guarantee shall be included in the coverage period set forth in the Performance Bond.

31. SECURITY GRANT CONTRACT PROVISIONS:

The successful BIDDER shall comply with the Security Grant Contract Provisions as outlined in the next section of these contract documents. In the event these Provisions differ from any other similar requirement in these documents, these provisions shall govern. The successful BIDDER shall, upon request by the OWNER or the OWNER’s representative, provide proof of compliance with each such provision, as applicable and as required.

Bid Form

BF - 1 of 6 PORT OF BROWNSVILLE

Place: Board of Commissioners - Brownsville Navigation District 1000 Foust Road Brownsville, Texas 78521

Due Date: Before 4:00 P.M., Tuesday, June 3, 2025.

Proposal of hereinafter called BIDDER, a corporation organized and existing under the laws of the State of , or a partnership or an individual doing business as .

To: The Brownsville Navigation District, Texas, hereinafter called OWNER.

Gentlemen:

The BIDDER, in compliance with your invitation for bids for the “BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION AND CONSTRUCTION” project, having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the contract documents, within the time set forth herein, and at the attached unit prices. These price(s) are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

These price(s) are firm and shall not be subject to adjustment provided this Proposal is accepted within ninety (90) days after the time set for receipt of proposals.

BIDDER hereby agrees to commence work under this contract on or before a date to be specified in a written “Notice to Proceed” to be issued by the OWNER and to fully complete the project within (425) four hundred and twenty five calendar days, as defined in the specifications.

BIDDER further agrees to pay as liquidated damages, the sum of one thousand ($1,00.00) dollars for each consecutive calendar day thereafter as hereinafter provided in Article 3 of the Agreement.

BIDDER agrees to perform all work for which he contracts as described in the specifica-tions and as shown on the plans, for the attached unit prices:

SUBCONTRACTORS. BIDDER proposes that he will perform the majority of the work at the project site with his own forces and that specific portions of the work not performed by the BIDDER will be subcontracted and performed by the following subcontractors.

Subcontracted Work Name of Subcontractor

DEMOLITION AND CONSTRUCTION BID FORM

BF - 2 of 6 PORT OF BROWNSVILLE

BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION AND

CONSTRUCTION

BIDDER Agrees to perform all the work described in the Contract Documents for the following Unit Prices (which include any and all applicable taxes and fees):

Tuesday June 3, 2025.

ITEM D E S C R I P T I O N EST QTY UNIT

COST AMOUNT

MOBILIZATION AND DEMOBILIZATION

1 MOBILIZATION 1 LS

2 DEMOBILIZATION 1 LS

SUBTOTAL MOBILIZATION AND DEMOBILIZATION (ITEMS 1 AND 2):

CARGO DOCK 3 PHASE I: DEMOLITION

3 MOBILIZATION AND DEMOBILIZATION 1 LS

4 PILE SUPPORTED DOCK DEMO (EXCLUDING PILE

REMOVAL) 1 LS

5 PILE SUPPORTED DOCK DEMO (REINF. CONC.

PILINGS FULL EXTRACTION) 178 EA

6 PILE SUPPORTED DOCK DEMO (REINF. CONC.

PILINGS CUT AND REMOVAL) 423 EA

7 REMOVE DIVE REPORT SUBMERGED ITEMS AND

DEMOLITION DEBRIS AT MUDLINE 1 LS

8 RAILROAD TRESTLE DEMOLITION (EXCLUDING PILE

REMOVAL) 1 LS

9 RAILROAD TRESTLE (REINFORCED CONCRETE

PILINGS FULL EXTRACTION) 4 EA

10 RAILROAD TRESTLE (REINFORCED CONCRETE

PILINGS CUT AND REMOVAL) 92 EA

11 LANDSIDE PLATFORM DECK/PAVING AREA

DEMOLITION 1 LS

12 SHORELINE RIP RAP AND SHORELINE DEBRIS

REMOVAL 1 LS

13 LANDSIDE TIMBER AND MISCELLANEOUS ITEMS

REMOVAL 1 LS

14 TRANSPORT CONC. TO STORAGE FOR FURTHER

CUTTING (ASSUME 3 MILES EA WAY) 1 LS

15 TRENCH EXCAVATION SAFETY PROTECTION 1 LS

16 RESHAPE SLOPE AT TRESTLE FOOTING AREA 1 LS

17 HYDROMLCH SEEDING 1 LS

18 REMOVAL & DISPOSAL OF UTILITY POLE –

ABANDONED (ALLOWANCE) 1 LS

BF - 3 of 6 PORT OF BROWNSVILLE

ITEM D E S C R I P T I O N EST QTY UNIT

COST AMOUNT

19 VIBRATION MONITORING ALLOWANCE 1 LS

20 PRE-DEMOLITION MARINE SURVEYS 1 LS

21 POST DEMOLITION MARINE SURVEY 1 LS

22 POST DEMOLITION DIVE SURVEY 1 LS

23 POST DEMOLITION / CLOSE OUT TOPOGRAPHIC

SURVEY 1 LS

SUBTOTAL BASE BID (ITEMS 3 TO 23):

ADDITIVE BID ITEMS

24 STANDBY TIME (ASSOCIATED WITH MARINE SIDE

WORKS) - ALLOWANCE 1 HR

25 STANDBY TIME (ASSOCIATED WITH LAND SIDE

WORKS) - ALLOWANCE 1 HR

SUBTOTAL FOR ADDITIVE ITEMS (ITEMS 24 AND 25):

ALTERNATE BID ITEMS

26 CUT CONCRETE DOWN TO 36” (SEE NOTE C2 ON

SHEET 02) 1 LF

SUBTOTAL FOR ALTERNATIVE ITEM (ITEM 26):

CARGO DOCK 3 PHASE III: CONSTRUCTION

27 RECEIPT FROM PORT, INSPECTION, AND

TRANSPORTATION OF PILES TO PROJECT SITE 1 LS

28 VIBRATION MONITORING PROGRAM 1 LS

29 SOIL EXCAVATION AND OFF-SITE DISPOSAL 20,100 CY

30 BACKFILL WITH SPECIFIED FILL MATERIAL 10,400 CY

31 INSTALL WATERSIDE PLATFORM PILES (INCLUDES

SHEAR RINGS) 207 EA

32 PDA TESTING OF WATERSIDE PLATFORM TEST

PILES 22 EA

33 FURNISH AND INSTALL PILE WRAPS FOR

WATERSIDE PLATFORM PILES 207 EA

34 FURNISH AND INSTALL PRECAST PILE CAPS 23 EA

35 FURNISH AND INSTALL PRECAST PRESTRESSED

DECK PANELS 550 EA

35A

FURNISH AND INSTALL CAST-IN-PLACE CONCRETE

FOR WATERSIDE PLATFORM (PILE PLUGS, CAP

CLOSURE, TOPPING SLAB, BULL RAIL)

4,000 CY

36 FURNISH AND INSTALL BULL RAIL EDGE ARMORING 1 LS

37 FURNISH AND INSTALL EXPANSION JOINT 1 LS

38 FURNISH AND INSTALL FENDER SYSTEMS 23 EA

BF - 4 of 6 PORT OF BROWNSVILLE

ITEM D E S C R I P T I O N EST QTY UNIT

COST AMOUNT

39 FURNISH AND INSTALL WATERSIDE PLATFORM

MOORING BOLLARDS 9 EA

40 INSTALL LANDSIDE PLATFORM PILES (INCLUDES

SHEAR RINGS) 276 EA

41 PDA TESTING OF LANDSIDE PLATFORM TEST PILES 13 EA

42 FURNISH AND INSTALL PILE WRAPS FOR LANDSIDE

PLATFORMS PILES 276 EA

43 FURNISH AND INSTALL CAST-IN-PLACE CONCRETE

FOR LANDSIDE PLATFORM/SLAB 3,400 CY

44 INSTALL MOORING STRUCTURE (MS1 & MS2) PILES

(INCLUDES SHEAR RINGS) 12 EA

45 PDA TESTING OF MS1 & MS2 TEST PILES 2 EA

46 FURNISH AND INSTALL CAST-IN-PLACE CONCRETE

PILE CAP/SLAB FOR MS1 & MS2 240 CY

47 FURNISH AND INSTALL MOORING BOLLARDS FOR

MS1 & MS2 2 EA

48 18” DIAMETER REINFORCED CONCRETE PIPE (Class

III) 160 LF

49 24” DIAMETER REINFORCED CONCRETE PIPE (Class

III) 83 LF

50 30” DIAMETER REINFORCED CONCRETE PIPE (Class

III) 234 LF

51 PROPOSED TRENCH DRAIN 570 LF

52 TRENSCH SAFETY (STORM WATER INLETS

AND MANHOLES) 3 EA

53 TRENCH SAFETY (STORM WATER LINE) 477 LF

54 PROPOSED 3’ X 3’ GRATE INLET 1 EA

55 PROPOSED 10’ X 6’ JUNCTION BOX

W/MANHOLE 1 EA

56 6” CONCRETE CURB 155 LF

57 PROPOSED S.E.T. (18”) 1 EA

58 IN SM RD SN SUP & AM TY 10BWG (1)Sa(P) 3 EA

59 REMOVAL OF EXISTING 18” STORM DRAINPIPE 487 LF

60 REMOVAL OF EXISTING INLET 3 EA

61 TYPE D HOT-MIX ASPHALTIC CONCRETE

PAVEMENT (5”) (INCL TACK COAT) 3154 SY

62 TYPE B HOT-MIX ASPHALTIC CONCRETE

PAVEMENT (5”) 3154 SY

63 PRIME COAT (MC-30)(0.15 Gal/SY) 475 GAL 64 LIMESTONE BASE (18”)(Ty A)(Gr1-2) 3375 SY

65 TENSAR TX5 GEOGRID OR APPROVED EQUAL 3354 SY

BF - 5 of 6 PORT OF BROWNSVILLE

ITEM D E S C R I P T I O N EST QTY UNIT

COST AMOUNT

66 8” COMPACTED SUBGRADE 3385 SY

67 10” CONTINUOUSLY REINFORCED CONCRETE

PAVEMENT 210 SY

68 EDGE BACKFILL AND COMPACTION 186 SY

SUBTOTAL FOR CARGO DOCK 3 PHASE III: CONSTRUCTION (ITEMS 27 TO 68):

Note: All work must comply all applicable specifications on the Demolition and Construction Technical Specification Documents provided by the Port of Brownsville.

Compliance with AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) Specifications is required for all work performed to complete this project.

BF - 6 of 6 PORT OF BROWNSVILLE

BIDDER Acknowledges receipt of the following addenda:

In case of discrepancy, the unit price amount shall govern.

The above included prices shall include all labor, materials, excavation, bailing, shoring, removal, backfill, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding.

BIDDER agrees that this Bid shall be good and may not be withdrawn for a period of ninety

(90) days after the scheduled closing time for receiving bids.

The undersigned hereby declares that only the persons or firms interested in the proposal as principal or principals are named herein, and that no other persons or firms than are herein mentioned have any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any other person, company, or parties likewise submitting a Bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud.

Upon receipt of written notice of the acceptance of this Bid, BIDDER will execute the formal contract attached within ten (10) days and deliver the Performance and Payment Bonds and Insurance Certificates as required under the GENERAL CONDITIONS. The Bid security attached in the sum of __________________________________________________________ ($ ____________________ ) is to become the property of the OWNER in the event the contract, bonds, and insurance certificates are not executed or delivered within the time above set forth, as mutually agreed to liquidated damages and not as a penalty for the delay and additional ad-ministrative expense to the OWNER caused thereby; otherwise the Bid security will be returned upon the signing of the contract and delivering the approved bonds and insurance certificates.

Respectfully submitted, By:

Seal affixed here if BID is by a Corporation

Title

Address

Attest:

Bid Bond

BB - 1 of 1 PORT OF BROWNSVILLE

STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF CAMERON §

THAT WE, the undersigned, ___________________________________________ as Principal, and ______________________________________ as Surety, are hereby held and firmly bound unto the BROWNSVILLE NAVIGATION DISTRICT, TEXAS, 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 the OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for construction of the project known as:

“BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION & CONSTRUCTION”

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 Agreement attached hereto (properly completed in accordance with said BID) and shall furnish payment and performance bonds for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall furnish insurance certificates, 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 penalty amount of this obligation as herein stated.

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 an extension of the time with 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 assigned by their proper officers, the day and year first set forth above.

Signed this ________________ day of ___________________________, 20____.

Principal

Surety

By: ________________________________

Statement of Non-Collusion

SNC - 1 of 1 PORT OF BROWNSVILLE

The undersigned hereby certifies that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this BID in collusion with any other Bidder, and that the contents of this BID as to prices, terms or conditions of said BID have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this BID.

Company:

Address:

Phone:

Fax:

Bidder:

Bidder:

(Signature)

Title:

(Print Name)

Signature of Company Officer Authorizing this Bid:

(Print Title)

Company Officer:

Officer’s Title:

(Print Name)

(Print Title)

Note: This form must be filled out and submitted with the sealed bid.

Disclosure of Interests

DI - 1 of 2 PORT OF BROWNSVILLE

The Brownsville Navigation District requires all persons or firms seeking to do business with the District to provide the following information. Every question must be answered. If a question is not applicable, answer with “N/A”. Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the-counter markets may file a current Securities and Exchange Commission Form 10-K with the District in lieu of answering the questions below.

See Definitions.

Firm Name: ________________________________________________________________

Address: ________________________________________________________________

City: ________________________________ State: _____ Zip: ________________

Firm is: Corporation Partnership Sole Owner Association Other ______________________

DISCLOSURE QUESTIONS

If additional space is necessary, please use the reverse side or attach separate sheet (s).

1. State the name of each “employee” of the Brownsville Navigation District having any “ownership interests” constituting 10% or more of the voting stock or shares of the business entity or ownership of $2,500 or more of the fair market value for the business entity or employed by the above “firm”.

Name Title Department

2. State the name of each “official” of the Brownsville Navigation District having any “ownership interests” constituting 10% or more of the ownership in the above named “firm”, or employed by the above named “firm”.

Name Title Department

DEMOLITION AND CONSTRUCTION DISCLOSURE OF INTERESTS

DI - 2 of 2 PORT OF BROWNSVILLE

3. State the names of each “Board Member” of the Brownsville Navigation District having any “ownership interests” constituting 10% or more of the ownership in the above named “firm”, or employed by the above named “firm”.

Name Title Department

Name and Title of Authorized Representative (Typed)

Signature of Authorized Representative Date

Note: This form must be filled out and submitted with the sealed bid.

Certificate and Definitions

C&D - 1 of 1 PORT OF BROWNSVILLE

CERTIFICATE

I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Brownsville Navigation District as changes occur.

Certifying Name: __________________________________________________________

Title: __________________________________________________________

Signature: __________________________________________________________

Date: __________________________________________________________

DEFINITIONS

The following definitions of terms should be used in answering the questions set forth below:

A. “Board Member” – An elected member of any board, commission, or committee appointed by the Brownsville Navigation District of Brownsville, Texas.

B. “Employee” – Any person employed by the Brownsville Navigation District either on a full time or part-time basis, but not as an independent contractor.

C. “Firm” – Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.

D. “Official” – The Chairman, members of the Brownsville Navigation District, General Manager, CEO, Deputy Port Director, Department and Division Heads.

E. “Ownership Interest” – Legal or equitable interest, whether actually or constructive held, in a firm, including when such interest is held through the agent, trust, estate or holding entity. “Consecutively held” refers to holding or control established through voting trusts, proxies, or special terms of venture of partnership agreements.

Please Complete and Submit to:

Chairman of the Board Brownsville Navigation District c/o Manuel Martinez Director of Engineering Services

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

BND CARGO DOCK NO. 3 - PHASE I & III: DEMOLITION AND CONSTRUCTION

CRD - 1 of 1 PORT OF BROWNSVILLE

CERTIFICATE

Name of Entity:

The prospective participant certifies to the best of their knowledge and belief that they and their principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

b) Have not within a three year period preceding this bid been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

d) Have not within a three year period preceding this application/bid had one or more public transactions (Federal, State, Local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this bid or termination of the award. In addition, under 18 USC Section 1001, a false statement may result in a fine up to a $10,000.00 or imprisonment for up to five (5) years, or both.

Name and Title of Authorized Representative (Typed)

Signature of Authorized Representative Date

I am unable to certify to the above statements. My explanation is attached.

Please Complete and Submit to:

Chairman of the Board Brownsville Navigation District c/o Manuel Martinez.

Director of Engineering Services

Bidder’s Acknowledgment Form

Having carefully examined the information, notices and specifications and conditions contained in this package, the undersigned Bidder's agent or representative hereby proposes and agrees to comply with these Specifications at the prices quoted. The Bidder affirms that, to the best of their knowledge, the bid has been arrived at independently and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other Bidders in the award of this bid.

Addendums received:

Vendor:

Address:

City, State, Zip Code:

Signature of Bidder:

Title with Company:

RFB - Version 1. Revision date 11/21/2019 10 http://www.ethics.state.tx.us/forms/CIQ.pdf

BROWNSVILLE NAVIGATION DISTRICT ADMINISTRATION

"LOCAL GOVERNMENT OFFICERS"

Board of Navigation and Canal Commissioners

Esteban Guerra Chairman

Elected May 2022 Term Expires May

Sergio Tito Lopez Vice Chairman

Elected May 2024 Term Expires May

John Reed Secretary

Elected May 2024 Term Expires May

John Wood Commissioner

Elected May 2022 Term Expires May

Ernesto Gutierrez Commissioner

Elected May 2024 Term Expires May

Administration William…