Contract Documents.pdf

BID PROPOSAL, CONTRACT DOCUMENTS, AND SPECIFICATIONS

FOR

Port Arthur Economic Development Corporation

PORT ARTHUR, TEXAS

PORT ARTHUR EDC BUSINESS PARK

DETENTION PONDS REHABILIATION

PROJECT

Soutex No. 25-0435 June 2026

Prepared by:

SOUTEX SURVEYORS & ENGINEERS

3737 DOCTORS DRIVE, PORT ARTHUR, TEXAS 77642

TBPE FIRM No. 5755 TBPLS FIRM NO. 10123800

409-983-2004

CONTENTS

INVITATION TO BIDDERS

INSTRUCTIONS TO BIDDERS

STATEMENT OF BIDDER QUALIFICATIONS

SCOPE OF WORK AND NOTES

BID FORM

BONDING COMPANY INFORMATION FORM

BID BOND

NON-COLLUSION AFFIDAVIT

AGREEMENT (CONTRACT)

PERFORMANCE AND PAYMENT BOND

CERTIFICATE OF INSURANCE

CONDITIONS OF THE AGREEMENT:

TABLE OF CONTENTS OF GENERAL CONDITIONS

INDEX TO GENERAL CONDITIONS

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS OF AGREEMENT

CURRENT WAGE RATES

GOVERNING TECHNICAL CONSTRUCTION SPECIFICATIONS

INVITATION TO BIDDERS

Sealed proposals addressed to the Port Arthur EDC, 501 Proctor St., Ste. 100, Port Arthur, TX 77640; for furnishing all necessary materials, equipment, superintendence, and labor for the construction of the:

Port Arthur EDC Business Park Detention Ponds Rehabilitation Project

Bids will be received until 2:00 PM July 8th, 2026, at the Port Arthur EDC Office, at which time and place all bids will be publicly opened and read aloud. Any bids received after closing time will be returned unopened.

The right is reserved by the Port Arthur EDC, as it’s interest may require, to accept or reject any or all bids, and to waive any informality in the bids received.

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

Prospective Bidders at 10:00 AM June 30th, 2026 at the Port Arthur EDC, 501 Proctor St., Ste. 100, Port Arthur, TX 77640

Bidding Documents are on file at www.civcastusa.com There is no cost to view the plans, and printing can be done through the website. Complete sets of Bidding Documents shall be used in preparing Bids; neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any purpose.

Hard copies of the Bidding Documents are on file and may be examined at the office of Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, Texas 77642. Copies may be secured from Soutex Surveyors & Engineers for a non-refundable payment of $75.00.

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

Bids may be held by the Port Arthur EDC for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

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

PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION

First Publication – June 18th , 2026

Second Publication – June 25th, 2026

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 5 – Bidder’s Representations

Article 6 – Pre-Bid Conference

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers, and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Bonds and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Retainage ..…………………………………………………………………………………………………………………………. 9

Article 24 – Equal Opportunity In Employment ……………………………………………………………………………………… 9

Article 25 – Bonding Company ………………………………………………………………………………………………………………. 9

Article 26 – Texas Ethic Commission ……………………………………………………………………………………………………… 9

ARTICLE 1 – DEFINED TERMS

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

A. Issuing Office – The office from which the Bidding Documents are to be issued.

SOUTEX SURVEYORS & ENGINEERS

3737 DOCTORS DRIVE

PORT ARTHUR, TEXAS 77642

409-983-2004

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. Bidders will be issued one (1) set of plans and will be emailed or provided an on-line file storage link to a pdf set of plans.

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

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

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

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

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

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

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

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

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

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

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

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work, If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

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

The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

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

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

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

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

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

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

14.02 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the EDC Secretary.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

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

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid for the combination of base bid segments awarded. The Owner’s preference is to award all segments. If award of all segments is not made it will be due to fiscal constraints. The bid segments are presented in the order of the Owner’s preference for construction. The Owner will award as many of the bid segments as possible.

19.03 Evaluation of Bids

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

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

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

ARTICLE 24 – EQUAL OPPORTUNITY IN EMPLOYMENT

24.01 All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, or national origin.

ARTICLE 25 – BONDING COMPANY

25.01 The bidder shall submit with his bid the name, address, and telephone number of a person, firm, or corporation who has agreed to execute the required payment and performance bonds in the event that this contract is awarded to the bidder. A form is included in these contract documents for that purpose.

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

ARTICLE 26 – TEXAS ETHIC COMMISSION

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

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

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

QUALIFICATION STATEMENT

Submitted to: ______________________________________________________(Corporation)

By: ________________________________________________ (Co-partnership)(An Individual)

Principal Office: __________________________________________________ The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers.

1. How many years has your organization been in business as a general contractor under your present business name? __________________

2. How many years' experience in this type of construction work has your organization had.

(a) As a general contractor? ____________

(b) As a sub-contractor? ______________

3. What projects has your organization completed? (attach separate sheets if necessary)

Contract Amount

Class of Work

Date Completed

Name and Address of Owner

4. Have you ever failed to complete any work awarded to you? If so, where and why?

QS- 1 of 4

5. In what manner have you inspected this proposed work?

6. Explain your plan or layout for performing the proposed work.

7. The work, if awarded to you, will have the personal supervision of whom?

(a) For administrative management

(b) For construction superintendence

8. What portions of the work do you intend to sub-let? State names and addresses of sub-contractors, and general portion to be performed by each in this project.

QS- 2 of 4

9. What equipment do you own that is available for the proposed work?

Description,Description,Description,Description, PresentPresentPresentPresent Quan.Quan.Quan.Quan. ItemItemItemItem Size, CapacitySize, CapacitySize, CapacitySize, Capacity ConditionConditionConditionCondition LocationLocationLocationLocation

10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal?

11. List the construction projects your organization has under way at this date.

Contract Amount

Class of Work

Percent Complete

Name and Address of Owner or Contracting Officer

12. Contractor shall provide a separate list of any lawsuits filed against their company or against an owner or supplier setting forth the style of case, court, county, claims of plaintiff and the resolution for all instances occurring within the past seven (7) years.

QS- 3 of 4

Dated at ______________________________________________________ this ____ day of

__________________________ , 20____ .

BIDDER:_____________________________

BY:_____________________________

ADDRESS:_____________________________

PHONE:_____________________________

Attest:

Secretary of Corporation

Bidder's Signature

(Seal) If Bidder is a Corporation

QS- 4 of 4

FINANCIAL STATEMENT

The Bidder shall include in their bid package a current financial statement as required by Instructions to

Bidders. The statement shall be enclosed in a separate sealed envelope within the bid package labeled with name of bidder and project title. The envelope will be opened and the statement examined only if bidder is actively considered for award. Otherwise, upon request the envelope will be returned unopened after contract award.

The attachment statement will remain confidential and will not be included in contract documents.

SCOPE OF WORK

Port Arthur Economic Development Corporation Port Arthur, Texas

Port Arthur EDC Business Park Detention Ponds Rehabilitation Project

1.0 SCOPE OF WORK

It is the intent of the Contract Documents to provide the requirements and specification for the construction associated with the Port Arthur EDC Business Park Detention Ponds Rehabilitation Project

Summary of Work

Mobilization 5%

The project scope for the Bids includes but is not limited to:

Remove all fencing around ponds and dispose Clear all vegetation (including roots) from ponds and dispose Clear all vegetation (including roots) from ditches and dispose Grade sides slopes of pond and seed Re-grade ditches and seed Install new fencing and gates Install concrete rip-rap Final site cleanup

2.0 BID ITEM NOTES

Contractor’s bid shall include all labor, material and equipment and overhead costs to perform work described in the plans and specifications. Any other work necessary for the intended work as described in the plans and specifications not specifically detailed in the unit price description or in the plans and specifications shall be made subsidiary to the bid items provided. Port Arthur EDC shall award a contract for any or all bid schedules in order to achieve the maximum benefit to the Port Arthur EDC within the allowable budget.

Mobilization – Contractor shall perform mobilization per technical specifications.

3.0 GENERAL NOTES

3.1 General Construction Notes

1. The contractor shall furnish all onsite general construction surveying, layout, and any other surveying requirements necessary for the construction of the project.

2. Existing monuments or property corners shall not be disturbed. The Contractor will replace and accurately relocate all reference points and construction stakes lost, destroyed, or moved solely at his expense.

3. Unless otherwise shown on the plans or otherwise directed, commence work after sunrise and ensure construction equipment is off the road by sunset.

4. All authorized waste material shall become the property of the contractor and shall be disposed of at a place off the right-of-way and approved by the engineer.

5. Contractor’s bid shall include all labor, material and equipment and overhead costs to perform work described in the Contract Documents and specifications. Any other work necessary for the intended work as described in the Contract Documents and specification not specifically detailed in this unit price description shall be made subsidiary to the bid items provided.

6. The Contractor shall maintain adequate drainage throughout the limits of the Project during all construction phases. At the conclusion of the project the project limits shall be inspected. All materials which are in ditches or other drainage structures resulting from the project work shall be removed by the contractor at no additional cost to the Owner.

7. The Contractor shall allow utility and/or pipeline companies to enter this project to perform inspections and to accomplish such work as required for placement or protection of their services and as may be deemed necessary by the Engineer.

8. Ingress and egress adjacent to the project and to adjacent properties shall be maintained by the Contractor at all times pursuant to the approved Traffic Control Plan. The Contractor will be responsible for keeping mud and debris off of existing public streets adjacent to the site.

9. The Contractor will be responsible for notifying utility companies of construction and confirming the location of utility and/or pipeline which may exist or interfere with construction of this project.

It shall be his responsibility to notify the utility and/or pipeline companies involved in case of conflict or damage and he shall be responsible for damage that occurs due to this negligence.

10. Contractor shall keep one complete set of plans and specifications in good condition on the job site at all times.

11. Assume ownership of debris and dispose of at an approved location. Do not dispose of debris on private property unless approved in writing by the Engineer.

12. Upon completion of all project improvements and inspections, and the Port Arthur EDC acceptance of these improvements, the Contractor shall be required to furnish an Affidavit of Warranty to the Port Arthur EDC for a one (1) year period on all work.

13. Measurement and Payment - All quantities presented in the Bid Form are in-place quantities. All quantities presented for payment shall be in-place, measured quantities in the units provided in the Bid Form. Measurement for Payment shall be based on the limits of construction provided for in the plans. Work performed outside those described limits will not be considered for payment unless authorized by the Engineer.

14. Any permits or fees required by the City or any other entity shall be paid for by the Contractor.

15. All areas disturbed by construction activity shall be restored to an equal or better condition at the expense of the contractor.

16. All culverts shall be protected from damage during construction operations. Culverts damaged as a result of contractor’s negligence shall be replaced at contractor’s expense.

17. Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work site. When used during periods of darkness, such barricades, warning signs and hazard markings shall be suitably illuminated. All traffic control devices and their placement shall be in accordance with the latest Texas Manual on Uniform Traffic Control Devices. This work will not be paid for directly, but shall be considered subsidiary to the various unit bid prices.

18. The Lump Sum bid for the item “Mobilization” involves moving equipment on site, payment and performance bonds, insurance and other incidental items associated with the project. This item is not to exceed 5% of Base Bid.

19. All concrete to have a light broom finish.

20. Contractor shall be responsible for removal of any fence, trees, hedge, or any other landscaping within the right-of-way/City Property, easement, alleyway necessary for construction, even if not indicated in the construction plans is considered a subsidiary of the bid.

4.0 UTILITY COORDINATION

Utility locations shown on the plans are for informational purposes only and are not exact. The Engineer and the Owner assume no responsibility for variation in location and grades. Contractor shall verify location and elevation of existing facility prior to construction of proposed facilities. Discrepancies between the two shall be immediately reported to the Owner or Engineer.

Contractor will be responsible for contacting all utility companies with existing facilities in the areas of construction 48 hours prior to construction in areas of possible underground utilities which may or not be shown on drawing. Contractor is responsible for making the Texas One Call and following all requirements set forth through that agency. (See contact list in plans)

The Contractor shall be responsible for locating and protecting all utility lines during construction. The Contractor shall be responsible for any damage to existing utilities and shall promptly repair same, or make arrangements for such repair with the Owner of the utility involved.

In all cases the Contractor shall inform and coordinate work with the Owners of the various utilities sufficiently in advance of the contractor’s operation to enable such utility Owners, in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work, to reroute, provide temporary detours, or to make other adjustments to utilities in order that the contractor may proceed with his work with a minimum amount of delay and expense.

The contractor shall cooperate with all utility owners concerned in effecting any utility adjustments necessary and shall not hold the Owner or Engineer liable for any expenses due to delay or additional work because of conflicts. The Contractor shall allow utility and/or pipeline companies to enter this project to accomplish such work as required for placement or protection of their services and as may be deemed necessary by the Engineer.

Except where shown on the plans and otherwise specified, all utility adjustments shall be the responsibility of the Owners of the utilities and, if in the opinion of the Engineer adjustment is required, the Contractor will be responsible for notifying the respective owner.

5.0 WORK SCHEDULING

Contractor shall provide a written schedule describing the sequencing and routes of work including dump trucks, concrete trucks or other heavy equipment.

Contractor shall notify Owner no later than 48 hours prior to the commencement of work.

Work shall be performed between the hours of 7:00 am and 7:00 pm Monday through Friday unless otherwise approved by the Port Arthur EDC.

Contractor shall schedule work in a manner that will cause minimum interference with traffic and to the general public.

6.0 SUBMITTALS

1. Bar type schedule showing estimated work times and written description of the general sequencing of project work including hauling and concrete delivery routes. Submit for review along with signed contracts;

2. Including but not limited to, pipes, fittings, valves, fire hydrants, Concrete mix designs to be utilized on project; and base materials, rebar,

3. Record Drawings shall be submitted prior to the approval of final payment.

END OF SECTION

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

. Page i

BID FORM

PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION

BUISNESS PARK DETENTION PONDS REHABILITATION PROJECT

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid ................................................................................................................................ 3-7

Article 6 – Time of Completion

Article 7 – Attachments to this Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

PORT ARTHUR EDC

501 Proctor St., Ste. 100 Port Arthur, Texas 77640

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with…