SPECIFICATIONS AND CONTRACT

DOCUMENTS

PLEASURE ISLAND PARKING LOT

PAVEMENT IMPROVEMENT PROJECT

P27-002

CITY OF PORT ARTHUR

JEFFERSON COUNTY, TEXAS

October 2026

Prepared by:

T.B.P.E FIRM No. F-01160 T.X.L.S FIRM No. 100186

501 Procter Street, Suite 323 Port Arthur, TX 77640

(409) 832-7238

CHARLOTTE M. MOSES, MAYOR RONALD BURTON, CPM

THOMAS KINLAW, III CITY MANAGER

MAYOR PRO TEM

CHRISTE WHITLEY NED, TRMC

COUNCIL MEMBERS: CITY SECRETARY

TAYLOR L. GETWOOD

CAL J. JONES ROXANN PAIS COTRONEO

WARREN PENA CITY ATTORNEY

KAALA JACOBS

DONALD FRANK, SR.

OCTOBER 19, 2026

INVITATION TO BID

PLEASURE ISLAND PARKING LOT PAVEMENT IMPROVEMENT PROJECT

DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 28, 2026. (The clock located in the City Secretary’s office will be the official time.) All bids received will be read aloud at 3:15 p.m.

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

MARK ENVELOPE: P27-002

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

CITY OF PORT ARTHUR CITY OF PORT ARTHUR

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

PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640

POINTS OF CONTACT:

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

City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov

Purchasing Division/Finance Department | Purchasing Manager, Clifton Williams P.O. Box 1089|444 4th Street| Port Arthur, Texas 77641| 409.983.8160 |Fax 409.983.8291 mailto:clifton.williams@portarthurtx.gov

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

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

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

OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted.

Clifton Williams Purchasing Manager

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CONSTRUCTION CONTRACT

AGREEMENT

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

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

1. The CONTRACTOR will commence and complete the PLEASURE ISLAND PARKING LOT

PAVEMENT IMPROVEMENT PROJECT

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

3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 90 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents.

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

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

(A) Construction Contract Agreement

(B) Advertisement for BIDS

(C) Information to BIDDERS

(D) BID

(E) BID BOND

(F) General Conditions

(G) Labor Classification and Minimum Wage Scale

(H) Supplemental General Conditions

(I) Payment Bond

(J) Performance Bond

(K) Roadway Repair Bond

(L) Maintenance Bond

(M) Notice of Award

(N) Notice to Proceed

(O) Insurance

(P) Specifications

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Addenda:

No. , dated , 20 .

No. , dated , 20 .

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the

General Conditions such amounts as required by the Contract Documents.

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

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

OWNER:

City of Port Arthur

BY:

CONTRACTOR: NAME:

TITLE:

BY:

NAME:

ADDRESS:

[CORPORATE SEAL]

ATTEST:

NAME:

CITY OF PORT ARTHUR, TEXAS

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the

City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, October 28, 2026 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on

Wednesday, October 28, 2026 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as:

BOATRAMP RECONSTRUCTION AT PLEASURE ISLAND

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

Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the

City’s website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com.

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

OCTOBER 22, 2026 AT CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, PORT

ARTHUR, TEXAS.

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

Clifton Williams

Purchasing Manager

FIRST PUBLICATION: October 10, 2026

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

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INFORMATION TO BIDDERS

The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS.

1. BID PROCEDURE

Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein.

In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers.

If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders.

Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals.

2. BID SECURITY AND LIQUIDATED DAMAGES

Bids shall be accompanied by a bid guarantee of not less than five percent (5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified.

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

The OWNER, within fifteen (15) calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement.

3. BONDS

If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney.

4. NOTICE TO PROCEED

Notice to Proceed shall be issued within fifteen (15) calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen

(15) calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party.

5. INSURANCE

All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance).

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1. Standard Worker’s Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, (City of Port Arthur and Contractor and all persons providing services shall comply with the worker’s compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference).

2. Commercial General Liability occurrence type insurance. No.

“XCU” RESTRICTIONS SHALL BE APPLICABLE.

Products/completed operations coverage must be included, and City of Port Arthur and Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured).

a. Bodily Injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or,

b. Bodily Injury $1,000,000 single limit per occurrence of $1,000,000 each person/$1,000,000 per occurrence for contracts in excess of $100,000;

and,

c. Property Damage $100,000 per occurrence regardless of Contract amount; and,

d. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or,

e. Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000.

3. Comprehensive Automobile Liability (Including owned, non-owned and hired vehicles coverage).

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

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

4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location;

5. All-Risk Builder's Risk of the non-reporting type

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(not required for paving projects, water and sewer line projects or projects involving lump sum payments).

CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract.

The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER.

6. JOB EXAMINATION

Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for

C-5 any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications.

7. SALES TAX

This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code.

The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the Pleasure Island Commission and be exempt from sales tax.

Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract.

CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure.

The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project.

The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur.

The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR.

Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and

C-6 are not to be included in the statement as "Non-Consumable Materials and Equipment".

8. FINANCIAL STATEMENT AND EXPERIENCE RECORD

The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR.

9. INTERPRETATION OF PLANS AND SPECIFICATIONS

Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the

OWNER.

10. AWARD OF CONTRACT

Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require.

A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it.

11. TIME OF COMPLETION

Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and Pleasure Island Commission holidays.

12. SUBSTITUTIONS

Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids.

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13. LAWS

All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

14. EQUAL OPPORTUNITY

Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions.

15. MATERIAL SUPPLIERS AND SUBCONTRACTORS

Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER.

16. RETAINAGE

Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT.

17. UNIT PRICES

If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied.

18. PRE-BID CONFERENCE

Prospective bidders shall be required to attend the Pre-Bid Conference outlined in page C-9 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder.

A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: Thursday, October 22, 2026 at, 10:00 a.m., at City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, TX 77640.

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

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BID

TO: CITY OF PORT ARTHUR

444 4TH STREET

P.O. BOX 1089

PORT ARTHUR, TEXAS 77640

Proposal of (hereinafter called

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

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of PLEASURE ISLAND PARKING LOT PAVEMENT

IMPROVEMENT PROJECT in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into

Contract for same within the time specified in Contract Documents.

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

BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT by _____________ and for final completion of the PROJECT by_____________ as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $420.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and

Federal, State and City holidays as provided in Section 51 of the General Conditions.

Enclosed is bid security as required.

BIDDER acknowledges receipt of the following ADDENDUM:

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

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

BID SCHEDULE

NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project.

BASE BID ITEMS

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

D2

01 1 L.S. Mobilization/demobilization, complete in place per lump sum

02 1 L.S. Demolition of existing parking lot and site features as indicated on the demolition plan, complete in place

03 184 S.Y 8” reinforced concrete pavement, per square yard

04 101 S.Y 4” reinforced concrete sidewalk pavement, complete in place

05 2 E.A. Covered picnic areas including structure and concrete slab on 18” compacted select fill, complete in place per each

06 4 E.A. Galvanized steel picnic tables, D3

7 1 E.A. Porta potty enclosure including structure and concrete slab on 18” compacted select fill, complete in per Each

08 6195 S.Y. 2” HMAC Parking Pavement, 9 6425 S.Y. Lime stabilized subgrade 1’ beyond all new pavement, complete in place

10 6425 S.Y. 8” cement stabilized sub base (5% DC) (existing salvaged base/asphalt material) for new asphalt pavement base compacted to 95% STD proctor, complete in place

11 60 C.Y. 18” thick by 4’ wide stone riprap, per cubic yard

12 70 L.F. 24” HP storm sewer backfilled with cement stabilized sand, complete in per liner foot

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13 350 L.F. Dig and grade drainage swale, per linear foot

14 53 Ea. Concrete wheel stops, complete in

15 1 L.S. Electrical conduits as shown on electrical sheets, complete in place

16 1 L.S Parking lot & ADA striping including ADA signage, complete in place

17 0.5 Ac. Hydromulch Seeding of all disturbed areas, incl. fertilizer & watering, per Acre

18 2 Ea. Precast Safety End Treatment SET.

Complete in place

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19 1 L.S. Barricades, Signs & Traffic Control, 20 1 L.S. Temp Erosion Control, complete in

* 2014 Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges

TOTAL AMOUNT BID $_________________________

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Section D

__________________________________________and__________ /100 Dollars

(Total Base Contract Price-Written)

Total number of Calendar days to complete: 90

QUANTITIES OF WORK:

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

Price.

Bid Submitted by: ______________________________, Contractor

Represented by: _______________________________

______________________________, Title

Bid Prepared by: _______________________________, Estimator

_______________________________, Estimator

F-1

NUMERICAL INDEX

TO

GENERAL CONDITIONS

1. Contract and Contract Documents

2. Definitions

3. Termination of Contract for Cause

4. Personnel

5. Reports and Information

6. Records and Audits

7. Findings Confidential

8. Copyright

9. Compliance with Laws

10. Interest of Members of City of Port Arthur

11. Interest of Other Local Public Officials

12. Interest of Contractor and Employees

13. Certificates and Permits

14. Guarantee of Work

15. Additional Instruction and Detail Drawings

16. Shop or Setting Drawings

17. Materials, Services and Facilities

18. CONTRACTOR'S Title to Materials

19. Inspection and Testing of Materials

20. "Or Equal" Clause

21. Patents

22. Surveys

23. CONTRACTOR'S Obligations

24. Insurance

25. Certification of Compliance with Air and Water Acts

F-2

26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention

27. Suspension of Work

28. National Historic Preservation Act of 1966

29. Required Provisions Deemed Inserted

30. Safety and Health Regulations for Construction

31. Use and Occupancy Prior to Acceptance by Owner

32. Use of Premises and Removal of Debris

33. Quantities of Estimate

34. Lands and Rights-of-Way

35. Conflicting Conditions in Contract Documents

36. Notice and Service Thereof

37. Separate Contract

38. Subcontracting

39. Architect/Engineer's Authority

40. Meaning of Intent

41. Contract Security

42. Additional or Substitute Bond

43. Assignments

44. Mutual Responsibility of CONTRACTOR'S

45. Acceptance of Final Payment Constitutes Release

46. Payments by Contractor

47. Construction Schedule and Periodic Estimates

48. Payments to Contractor

49. Correction of Work

50. Subsurface Conditions Found Different

51. Claims for Extra Cost

52. Changes in Work

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53. Extras

54. Time for Completion and Liquidated Damages

55. Weather Conditions

56. Protection of Work and Property--Emergency

57. Inspection

58. Superintendent by Contractor

59. Federal Labor Standards Provisions

60. Underpayments of Wages or Salaries

61. Anticipated Costs of Fringe Benefits

62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat.

357-360; Title 40 U.S.C., Sections 327-332

63. Employment of Apprentices/Trainees

64. Employment of Certain Persons Prohibited

65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision

66. Fringe Benefits Not Expressed as Hourly Wage Rates

67. Posting Wage Determination Decisions and Authorized Wage Deductions

68. Complaints, Proceedings or Testimony by Employees

69. Claims and Disputes Pertaining to Wage Rates

70. Questions Concerning Certain Federal Statutes and Regulations

71. Payrolls and Basic Payroll Records of Contractor and Subcontractors

72. Specific Coverage of Certain Types of Work by Employees

73. Ineligible Subcontractors

74. Provisions to be Included in Certain Subcontracts

75. Breach of Foregoing Federal Labor Standards Provisions

76. Employment Practices

77. Contract Termination; Debarment

78. Kickbacks from Public Works Employees

79. Labor-Title 29 CFR Part 3

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80. Weekly Statement with Respect to Payment of Wages

81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll

Records

82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor

83. Payroll Deductions Permissible with the Approval of the Secretary of Labor

84. Applications for the Approval of the Secretary of Labor

85. Section 3.8 Action by the Secretary of Labor upon Applications

86. Prohibited Payroll Deductions

87. Methods of Payment of Wages

88. Regulations Part of Contract

89. Equal Opportunity Provisions (E.O. 11246)

90. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities

91. Civil Rights Act of 1964

92. Section 109 of the Housing and Community Development Act of 1974

93. Indemnification

94. Delays

95. Maintenance of Work

96. Antitrust

97. Labor, Materials, and Equipment

98. Federal Labor Standards Provisions

99. Delay, Disruption and/or Other Claims

100. Differing Site Conditions

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GENERAL CONDITIONS

1. CONTRACT AND CONTRACT DOCUMENTS

The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

2. DEFINITIONS

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

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

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

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

d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas.

e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas.

f. "ENGINEER": City Engineer, City of Port Arthur, Texas

3. TERMINATION OF CONTRACT FOR CAUSE

If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR - PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined.

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4. PERSONNEL

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

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

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

5. REPORTS AND INFORMATION

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

6. RECORDS AND AUDITS

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

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

7. FINDINGS CONFIDENTIAL

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

8. COPYRIGHT

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

9. COMPLIANCE WITH LAWS

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

10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR

No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, F-7 employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance.

11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS

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

12. INTEREST OF CONTRACTOR AND EMPLOYEES

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

13. CERTIFICATES AND PERMITS

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

CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him.

14. GUARANTEE OF WORK

a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship.

The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness.

b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract.

c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner.

15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

The CONTRACTOR will be furnished additional instructions and detail drawings as necessary

F-8 to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work.

16. SHOP OR SETTING DRAWINGS

The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings.

17. MATERIALS, SERVICES AND FACILITIES

a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time.

b. Any work necessary to be performed after regular working hours, on Sundays or Legal

Holidays, shall be performed without additional expense to the OWNER.

18. CONTRACTOR'S TITLE TO MATERIALS

No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

19. INSPECTION AND TESTING OF MATERIALS

All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR’S expense.

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If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR’S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER’S expense.

The CONTRACTOR’S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures.

If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where…