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PR 20758: NASHVILLE AVE. IMPROVEMENTS FROM 7TH STREET (REV. DR. RANSOM HOWARD STREET) TO PROCTER STREET
• Cin•of - 441 ol rthu � www.Po rtArth u rTx.gov INTEROFFICE MEMORANDUM Date: April 3, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Alberto Elefano, P.E., City Engineer/Interim Public Works Director RE: P.R. 20758 —Nashville Ave. Improvements from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street Introduction: Award of Nashville Avenue Improvements from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street to the lowest and most responsible bidder Gulf Coast a CRH Company. Background: This project is for the reconstruction of Nashville Avenue from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street. Three (3) Bids were received and opened on February 13, 2019 with Gulf Coast a CRH Company of Beaumont, Texas submitting the lowest responsible bid of$913,289.50. Budget Impact: Funds are available in Capital Improvement Account: 307-1601-591.86-00 for the contract price of$913,289.50. Recommendation: Approval of P.R. No. 20758 authorizing the City Manager to execute a contract with Gulf Coast a CRH Company of Beaumont, Texas for the Nashville Avenue Improvements from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street with a projected budgetary impact of $913,289.50. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur, l'exas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. 20758 04/3/19 ace RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GULF COAST A CRH COMPANY OF BEAUMONT, TEXAS FOR NASHVILLE AVENUE IMPROVEMENTS FROM 7TH STREET (REV. DR. RANSOM HOWARD STREET) TO PROCTER STREET WITH A PROJECTED BUDGETARY IMPACT OF $913,289.50. FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENT STREETS ACCOUNT NUMBER 307-1601- 591.86-00. WHEREAS, the contract was advertised on January 24, 2019 and January 29, 2019 in the Port Arthur News; and WHEREAS, three (3) bids were received and opened on February 13, 2019 with Gulf Coast a CRH Company of Beaumont, Texas being the lowest most responsible bid in the amount of $913,289.50 with a contract term of 180 days attached as Exhibit 'A" and have been evaluated by the Public Works staff; now, therefore; and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby awards the bid for Nashville Avenue Improvements from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street to Gulf Coast a CRH Company of Beaumont, Texas in the amount of $913,289.50; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, a contract between the City of Port Arthur and Gulf Coast a CRH Company of Beaumont, Texas with a projected budgetary impact of P.R. 20758 Page 2 $913,289.50 for the Nashville Avenue Improvements from 7th Street (Rev. Dr. Ransom Howard Street) to Procter Street; in substantially the same form attached hereto as Exhibit "B"; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2019 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Derrick Freeman Attest: City Secretary Sherri Bellard APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Harvey Robinson City Attorney Interim City Manager P.R. 20758 Page 3 se eAP ROVED AS FOR AVAILABILITY OF F DS: • Rebecca Underhill, CPA Acting Director of Finance ri Alberto Elefano, P.E. Interim Public Works Director �, ‘,I 446/44,4_ Clifto t Williams, CPPB Purchasing Manager Exhibit "A" *: . ACTION CIVIL ENGINEERS, PLLC Acrlkpia .uc Firm Registration No.F-16376 February 14, 2019 City of Port Arthur 444 4th Street Port Arthur,TX 77640 Attention: Mr. Clifton Williams, CPPB, Purchasing Manager RE: Recommendation to Award a Contract "Nashville Avenue from Procter Street to 7th Street(Rev. Dr. Ransom Howard Street)" City of Port Arthur ACE Job No.118-18 Dear Mr. Williams: We have reviewed bids received from three (3) contractor's submitting bids for the project referenced above. Sealed Bids addressed to the "City Secretary of the City of Port Arthur", addressed to the City of Port Arthur City Hall, Office of the City Secretary, 4th Floor, 444 4th Street, Port Arthur, Texas, were received until 3:00 p.m. (CST), WEDNESDAY, February 13, 2019. Bids were then read aloud at 3:15 p.m., on Wednesday, February 13, 2019 in the fifth floor city Council chambers at City Hall, 444 4th Street, Port Arthur,TX 77640. The low bid from Gulf Coast a CRH Company, 12907 US Highway 90, Beaumont,Texas 77713,409-866- 1444 in the amount of Nine Hundred Thirteen Thousand, Two Hundred Eighty Nine Dollars and Fifty Cents, ($913,289.50), with One Hundred Eighty (180) calendar days to complete the project is a reasonable cost and time frame in today's construction market for this type of project. Therefore in conclusion, we recommend award of a contract to Gulf Coast a CRH Company, 12907 US Highway 90, Beaumont, Texas 77713,409-866-1444, for their low and responsive bid in the amount of, ($913,289.50), for the construction of the "Nashville Avenue from Procter Street to 7th Street(Rev. Dr. Ransom Howard Street)". Sincerely, i /JT e ,TE `��, �"- - WVL• IN r•••• » t,• r William V. Larrain, P.E. -51953 ,o.„ 51953 o:' tr Manager � °'1 * '0 Manager Action Civil Engineers PLLC 1,44AINt wlarrainPacecivilengineers.com Attachment: Bid Tabulation 8460 Central Mail Drive Phone 409-983-6263 Suite 1 Fax 409-983-6265 Port Arthur Texas 77642 I 1 £enail:oce()acecivilengineers.com Web site.www.acecivilengineers.com a s s ■ K ■ eei co < 4 cc en - rs O en u - 0 . et le N _ § � % e4 \ \ ) \ % §0. \ _ ) 2 ■ �2 — 62 # ) k - mca: > _ �� . ` s ■ ■ $ K i .. 0' < '0 0' 0 U S.=• f io cao k ) � s ) - - - ° } £9 a a \ / § � = m2m § § § ) ) 0 ) § - # % - a \ \ _ / 4 ■ 2 E 2 I— p- 0 - '1 7 w & 03 � 0M 1- _ - jaN . o 0.0. § § § _ # � � jk � � kk ° � � v \ \ _ -, < I o 0f is" � £7 - � 80. < Q 2 / 2 � - o ,- 13 ■ aI § cc 2 ue J = a $ r i \/B j 0 ` § / » § \ \ — - g g 2 z zz � � 0] < c \ _ �E qua § aCI Kgo ) ) t _ t0 xciz x « z � i - A u & . � � � � � wz � � « _ �« � ) %- < 430 2mgI § 2 -1 ) CDt" \ ° ° \ O --le 01 T.E CL § kk § ca = o < 0 . = ■ C70, ■ _J _ § = kdAa o - C « o » , 2 & . § § 66E E4 = 24c = @ / ; o < Q - « ze � u _ ES § � (ne2 - « E - _- � u © u - zo < § ZE - � j ) t: 2d u § Z \ § _ _ « . � r © � z � � � Zj � � § C7cg � § � bi � �eza2ggk ,) km \ § § � CI § coyzQ § ce6 & ,2A j & 2§ L) g I # § z � ■ > 2 'C > § E > ■ _ « > _ _ E z $ § § z ,{ 22 �■ §i ° ■ tz ° guc2 § c ° Qoc � f , .. £ o isi P41 � 412 `c § § § § 2 eeT ' - ct � E � ] +2c ■ _ ela. ■ « � CCu « uqau « cn � 11 &Jk0. 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DR. RANSOM HOWARD STREET THIS AGREEMENT, made this day of , 2019, 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 Gulf Coast hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 180 days from the start date. 2. The Contractor shall improve Nashville from Proctor Street to Rev. Dr. Ransom Howard Street as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amount of$913,289.50. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 6) Notice to Proceed 7) Bid Bond 8) Performance Bond 9) Payment Bond 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2019 ATTEST GULF COAST BY CITY SECRETARY PRINT NAME: TITLE: ORIGINAL SPECIFICATIONS AND CONTRACT DOCUMENTS PROPOSED PAVING IMPROVEMENTS NASHVILLE AVENUE from PROCTER STREET to 7th STREET (Rev. Dr. Ransom Howard Street) Ciro pJ _'7T1111114#1. ' 4/,/. 1 3 lit % ort rrhur Texas CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS JOB NO. ST1P01 January 24, 2019 4 441;• * . *.,. WILLIAM V.LARRA1N ‘"QM -r aa!1'O e Z di 1 A p e r. OP. '; ' Action Civil Engineers, PLLC s =�+. 8460 Central Mall Drive,Suite J .j�.47"'►'%, Port Arthur Texas 77642 *tiro. Phone: (409)983-6263 .Zid zF' "'A Fax: (409) 983-6265 Email: ace@acecivileneineers.corn Firm Reg.: F-16376 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Paving Improvements to Nashville Avenue will be held on Thursday, January 31, 2019 at 10:00 a.m. at the City Hall 5th Floor Conference Room located at 444 4th Street, Port Arthur, Texas. The purpose of the 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 Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW HI,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. „11,2!-I rihur CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Tess' VAL TREND CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK JANUARY 23,2019 INVITATION TO BID PAVING IMPROVEMENTS ON NASHVILLE AVENUE (PROCTER STREET TO REV. DR. RANSON HOWARD STREET) DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 13, 2019. (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, February 13, 2019 in the City Council Chambers, City Hall, 5`1 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-030 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.williamsa,,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4m Street1 Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 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, CPPB Purchasing Manager INVITATION TO BID PAVING IMPROVEMENTS ON NASHVILLE AVENUE (PROCTER STREET TO REV. DR.RANSON HOWARD STREET) (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City,State,Zip Code: Date: Table of Contents RETURN SECTION TITLE WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL YES E. EXCEPTION/APPROVED EQUAL REQUEST F. BID BOND YES G. CONFLICT OF INTEREST(IF NO CONFLICT WRITE NA ON YES LINE 1 AND SIGN/DATE LINE 7) H. PAYMENT BOND I. INSURANCE J. PERFORMANCE BOND K. ROAD MAINTENANCE BOND L. SPECIFICATIONS M. NON COLLUSION AFFIDAVIT YES N. AFFIDAVIT PAGE YES 0. HOUSE BILL 89 VERIFICATION YES P. SB 252 YES DRAWINGS SECTION A CONTRACT FOR PAVING IMPROVEMENTS ON NASHVILLE AVENUE (PROCTER STREET TO REV. DR. RANSON HOWARD STREET) THIS AGREEMENT, made this day of , 2019, 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 hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be days from the start dat. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts of$ 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Payment Bond 6) Performance Bond 7) Road Maintenance Bond 5) Notice of Award 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 6 copies) each of which shall be deemed an original on the date first written above. Signed on the day of 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of ,2019 ATTEST CONTRACTOR BY CITY SECRETARY PRINT NAME: TITLE: SECTION B 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, February 13, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, February 13, 2019 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: PAVING IMPROVEMENTS ON NASHVILLE AVENUE (PROCTER STREET TO REV. DR. RANSON HOWARD STREET) Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, JANUARY 31. 2019 AT 10:00 A.M. AT CITY HALL 5TH FLOOR CONFERENCE ROOM, 444 4111 STREET, PORT ARTHUR,TEXAS 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 or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to naive informalities. 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. 1 ' JL)L1AI1M Clif o, Williams, CPPB Purchasing Manager FIRST PUBLICATION: January 24, 2019 SECOND PUBLICATION: January 29,2019 SECTION C INFORMATION TO BIDDERS NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration,or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.eth i cs.state.tx.us/fi lin gin fo/confl ict form s.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and . Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts ofj $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance(Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided,minimum limits are$300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages,claim, loss, demand, suit,judgment,cost or expense: Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the work itself) including the loss of use resulting there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1,et seq. (1973). DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated. BID SECURITY AND LIQUIDATED DAMAGES: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur (CITY), or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty(60)days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the CITY, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the CITY for the difference between the amount specified in the bid in the amount for which the CITY may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the CITY and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the CITY, within said period, of reasons which the sole discretion of the CITY,justify an extension. If said Contract, bonds and insurance Documents are not received by the CITY within said period or if work has not been commenced within the time specified, the CITY may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The CITY, within ten (10) days of receipt of acceptable Performance and Payment bonds, insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should the CITY not execute the Contract within such period, the Bidder may, by written Notice to CITY, withdraw his signed Agreement. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project is extremely important to the CITY. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" issued by the CITY and to fully complete the project within 90 calendar days. Failure of the CONTRACTOR to complete the Work within the time allowed will result in damages being sustained by the CITY. It is agreed and understood that it would be impractical and extremely difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is not intended by the parties to be a penalty. As such, liquidated damages of$500.00 per day will be imposed for each calendar day the service delivery date is exceeded. By submittal of Bid on the project, and by execution of the Contract by the CONTRACTOR awarded the project shall constitute an agreement by the CITY and CONTRACTOR that$500.00 per day is the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a . penalty, and may be deducted from payments due the Contractor if such delay occurs. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. 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Box RE O DER 20779 P.O.BOX Scott Blanchard PRINT OR TYPE NAME Beaumont, TX 77713 CITY STATE ZIP Asst. Secretary (4091866-1444 TITLE AREA CODE TELEPHONE NO scott.blanchard@gc-texas.com (409)866-1032 EMAIL FAX NO. SECTION E CITY OF PORT ARHTUR EXCEPTION /APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP SECTION F BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, Gulf Coast a CRH company as Principal, and Libel y Mutual Insurance Company as Surety, are hereby held and firmly bound unto City of Port Arthur, Texas as OWNER in the penal sum of r the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed, this 13th day of February , 20 19 , The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur, Texas a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the City of Port Arthur, Texas, Paving Improvements on Nashville Avenue (Procter Street to Rev. Dr. Ranson Howard Street) NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract,and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as here in stated. The Surety, for value received,hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers,the day and year first set forth above. _ --. ---_-- (L.S.)PRINCIPAL Scott Blanchard Asst. Secretary _Liberty Mutual Insurance Company SURETY BY: ,,m Artie T 'ker Atto -y-In-F: t IMPORTANT-Surety companies executing BONDS must appear on the Treasury Departments most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. SURETY ACKNOWLEDGMENT STATE OF Texas } COUNTY OF Jefferson } SS On this 13th day of February, 2019, before me personally came Artie Tucker to me known, who, being by me duly sworn, did depose and say that he is an Attorney-In- Fact of LIBERTY MUTUAL INSURANCE COMPANY the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-In- Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. PAULA HARRIS 4 "' NotarylDHARRIS#1179575 4 L / ' II My Commission Expires � /I �� [� )} >rc,�' May 9,2021 / Notary Public ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF TEXAS MATERIALS GROUP,INC. The undersigned,being all of the members of the Board of Directors of Texas Materials Group, Inc.,a Delaware corporation(the"Corporation"),do hereby,pursuant to applicable Delaware statute, give this written consent to the taking of the following actions,such actions to have the same force and effect had a meeting been duly called and held: I. ELECTION OF OFFICERS RESOLVED,that effective November 19,2018 all previous elections of officers are terminated, and the following persons be,and hereby are,elected to serve as officers of the Corporation(each individually,an "Officer" and collectively,the "Officers")in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: Mark Snyder President Kristin Davis Secretary/Treasurer Kal A. Kincaid Vice President/Assistant Secretary John Reid Vice President/Assistant Secretary Jake Parson Vice President/Assistant Secretary Nicholas Schack Vice President/Assistant Secretary Mike Brown Vice President/Assistant Secretary Hugh Franklin Vice President—Finance William B. Miller Admin.Vice President/Assistant Secretary Robert Banks Assistant Secretary FURTHER RESOLVED,that the Officers be,and each of them hereby is,authorized to execute and deliver agreements,contracts,documents,certificates,and other instruments,under the seal of the Corporation if required, for the purpose of conducting the Corporation's business, including without limitation,selling products and securing construction work,and to take such other action,as they may deem necessary,advisable, convenient,or appropriate to carry out and fully perform duties incident to the office or offices so appointed,and such other duties as may be prescribed by the Board of Directors from time to time; FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents, tax returns, affidavits,and other instruments as may be necessary from time to time: Jessica Aldrich Assistant Secretary/Assistant Treasurer Chris Michael Assistant Secretary Larry Mathews Assistant Secretary Michael F.Deaton Assistant Secretary Mike Wallace Assistant Secretary Dean W.Buchanan Assistant Secretary Gary P.Hickman Assistant Secretary Michael G. O'Driscoll Assistant Secretary William P. Jones Assistant Secretary David M.Toolan Assistant Secretary David C.Lewis Assistant Secretary David Young Assistant Secretary Rodney McCarn Assistant Secretary Kayleigh Hatchett Assistant Secretary II. APPOINTMENT OF AUTHORIZED EMPLOYEES RESOLVED, that effective November 19, 2018 all previous appointments of authorized employees are terminated, and that the following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation, which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation,selling products and securing construction work: Robert Brown Kaylon Page L.L. Mathews,Jr. Barry Egbert James A.Connor Kirk Morris Dean Donnellan Stephen Koonce Lance Phillips Artie Tucker David Reese Ben Liggett Rebecca Rutledge Scott Blanchard Angela Kvarme TJ Brown Lisa Roberts Robert Alvis FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, appoint other persons to serve as authorized employees, or remove any individuals from this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out and fully perform the duties incident to the office of President; III. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time-to-time be deemed necessary or appropriate: Gulf Coast,a CRH company Texas Bit,a CRH company Texas Concrete,a CRH company Texas Materials,a CRH company FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, authorize the use of additional trade names, and to deem unauthorized any trade name previously authorized, as he may deem necessary, advisable, convenient or appropriate. IV. MISCELLANEOUS RESOLVED,that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted,ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; FURTHER RESOLVED,that each undersigned agrees that electronic signatures,whether digital or encrypted, of the Board of Directors are intended to authenticate this consent and to have the same force and effect as manual signatures. As used in the previous sentence,the term"electronic signatures"means any electronic sound, symbol or process attached to or logically associated with this consent and executed and adopted by a member of the Board of Directors with the intent to sign such consent,including,but not limited to, e-mail electronic signatures executed through Adobe®eSign Services; and FURTHER RESOLVED,that this Consent, following execution by all of the members of the Board of Directors,be filed in appropriate order in the minute book of the Corporation. Signature: ilgY/h1Chg,Gh David M Church(Nov 19.2018) Signature: l ) John J.Keating(Nov 19,20 Email: david.church@na.crh.com Email: john.keating@na.crh.com law Vo4 - Liberty Interchange Corporate Center Plymouth Plymouth Road,Suite 400 e ` Mutual Meeting,PA 19462-1644 Mutual. PH.(610)832-8240 BID BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS,that we Texas Materials Group, Inc., dba Gulf Coast a CRH company as Principal, (the "Principal"),and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts as Surety,(the"Surety"), are held and firmly bound unto City of Port Arthur, Texas as Obligee,(the"Obligee"), in the penal sum of Five Percent of Amount Bid Dollars($5% of Amount Bid), for the payment of which sum well and truly to be made, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Port Arthur, Texas, Paving Improvements on Nashville Avenue (Procter Street to Rev. Dr. Ranson Howard Street) • NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified,within sixty(60)days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum hereof. DATED as of this 13th day of February, 2019. Texas Materials Group, Inc., dba Gulf Coast a CRH company (Sea') Principal WITNES h4 EST;, di 0(Q} By: 'le 0 Name: Scott Blanchard Title: Asst. Secretary LIBERTY MUTUAL INSURANCE COMPANY (Seal) Surety / I By: Ae Tuc -r,Attorney-in-Fact 7 OW This Power of Attorney limits the acts of those named herein,and they have no authority to ` bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company A. 1 Liberty ll, Mutual. The Ohio Casualty Insurance Company Certificate No: 8197956-985881 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jessica Aldrich, David Barlow,Scott Blanchard,Kal A.Kincaid,Angela Kvarme,Larry Mathews,L.L.Mathews,Jr.,Rebecca Rutledge,Nicholas Schack,Artie Tucker all of the city of Beaumont state of Texas each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all bid bonds on behalf of Texas Materials Group,Inc.,dba Gulf Coast , and the execution of such bid bonds,in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of November , 2018 . tNSU Liberty Mutual Insurance Company P, '40 qtr INS& ,, 'Nsuki The Ohio Casualty Insurance Company tiJ copPOR, 4,cin 1" %Poe �Z �0Po°"PO1e+r 4 West American Insurance Company ;1912 0 CEI c, =1919 o " 1991 0 �/��/,/:/v/uJy ,?Co 4:4 a°4cNue b ZO HiistP0 L '( %rod a .�N���f//' i' yr w �v2 * ti* Hyl * t s�'M * h�a By: c David M.Carey,Assistant Secretary z State of PENNSYLVANIA u, t� z County of MONTGOMERY ss asL c o.U au On this 15th day of November , 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—� > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t w y a) =IIN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. E a c-F, t4 5p "Si:. OO O s_ QypNwp' �c. COMMONWEALTH OF PENNSYLVANIA =M Oj O u i y Notartat Seal Q 4 o N OF Teresa Pastella,Notary Public p C C Upper Marion Twp.,Montgomery County By: ��Z�'K.vt-f[/ a3 �t My Commission Expires March 28,2021 eresa Pastella,Notary Public 3 E cb LA RRY ,op. Member,Pennsylvania Association at Notaries O as O W O-O y O o.-Cr)a`) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w O Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: E o � cu- ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o c`1i Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a to make, ani 72 y, President may prescribe,shall appoint such attorneys in-fact,as may be necessary to act in behalf of the Corporationacknowledgesurety o execute,seal, and deliver as m c any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall m v > F.2have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such w ago Zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the M provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c co ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 o Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 2 c shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13th day of February , 2019 . P,,SNSU� P01 INS& d [NU , �O0O�ro rt �'000,4T'Pq ( S \ ��y" s 1912 a : 1919 n 1991 n �,�'T.cHus ada =Od NANO ,tt `,p %,ANt' .da By: - y * ti y, - 1.d •.AA ,N Renee C.Llewellyn,Assistant Secretary SECTION G ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Fo vendor doing business with local governmental entity r-- This clues••nnalre reflects changes made to the law by H.B. 23,Both Lag., Regular Session. OFFICE USE ONLY This questlo •.'re is being filed in accordance with Chapter 176.Local Govemmont Code.by a vendor who Data Received has a business :lationship as defined by Section 176.001(1-e) with a local governmental entity and the vendor meets req omen's under Section 176.006(a). By law this questlonn. :must be flied with the records administrator of the local governmental entity not later than the 7th business d after the dale the vendor becomes aware of facts that require the statement to be filed. See Section 178 0f: a-1),Local Government Code. A vendor commits an offense the vendor knowingly violates Section 178.006. Local Government Code.An offense under this section is a 'sdemeanar. 1 Name of vendor who has a • in ass relationship with local governmental entity. N /A- I I Check this box if you are fil r - update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with I . -ppropriate filing authority not later than the 7th business day after the date on which you became aware that the origin- ly filed questionnaire was incomplete or inaccurate) Name of local government officer about •m the information is being disclosed. N- a of Officer J Describe each employment or other business retail ship with the local government officer,or a family member of the officer,as described by Section 176.003(ax2XA). Also.escribe any family relationship with the local government officer. Complete subparts A and B for each employment or bus -a relationship described, Attach additions!pages to this Form CIO as necessary. A. Is the local government officer or a family member of the .fficer receiving or likely to receive taxable income, other than investment incone.from the vendor? Yes n No 9. Is the vendor receiving or likely to receive taxable Income,other than =stment income,from or at the direction of the local government officer or a family member of the officer AND the able income Is not received from the local governmental entity? nYes n No J Describe each employment or business relationship that the vendor named in Section i maintat •s with a corporation or other business entity with respect to which the local government officer serves as an officer o rector,or holds an ownership interest of one percent or more. riCheck this box if the vendor has given the local government officer or a family member of the officer one or a gifts as described i Section 176.003(a)(2)(B), excluding gips described in Section 176.003(a-1). February 13, 2019 Signature o vendor dole iness with.)the governmental entity Data Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11:30.'2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at httpJr iww.statutes,legis.state.tx us! l Docs/LGJhirnILG.176.htm.For easy reference,below are some of the sections cited on this form. 1 Local Government Code fi 176.001(1-a):'Business relationship"means a connection between Iwo or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that Is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity: • (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to,that agency. Local Government Code$176,003fa)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results In the officer or family member receiving taxable Income,other than investment Income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (il) the local governmental entity is considering entering Into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (1i) the local governmental entity Is considering entering into a contract with the vendor. Local Government Code§176.006(a)end(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176,003(a)(2)(A): (2) has given a local government officer of trat local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176,003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor. (A) begins discussions or negotiations to enter into a contract with the local governmental entity.or (B) submits to the local governmental entity an application,response tea request for proposals or bids. correspondence, or another writing related to a potential contract with the local • governmental entity;or (2) the date the vendor becomes aware: (A) of art employment or other business relationship with a local government officer.or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. SECTION H PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAI v,e _ ,of the City of , County of and State of as Principal,and as Surety,authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur,Port Arthur,Texas,and to all Subcontractors,workmen,laborers,mechanics and furnishers of material,and any other claimant,as their interest may appear,all of whom shall have the right to sue upon their bond,in the penal sum of Dollars (S ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that,whereas, the above bounden Principal as prime contractor has on the day of , 2019, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statures,as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each claimant, then obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such exchange, extension of time, addition or modification. IN WITNESS WHEREOF, the Principal has caused these presents to be executed, and the said surety had caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seals to be hereto affixed at on this the day of , A.D., 2019 CONTRACTOR ATTEST: BY: _.._ TITLE: CONTRACTOR ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. SECTION I A`R L CERTIFICATE OF LIABILITY INSURANCE DATE IM VDolYYyY) fTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER f CONTACT --'-'-` •NAME, i PHONE _._ _._..___.,- _(A!C,No,Ertl FAX(A C, E-MAIL -- " _ADDRESS: INSURERjS)AFFORDING COVERAGE NAIC I -._.-. _..- ... .INSURER A_: INSURED INSURER B: - ,—..... INSURER C: _ INSURER 0: INSURER e: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -....__._..__ _..--.--'— . POLICY EFF i FTl1�T(,`VEXP -T—_ _-..._---._... INSR �AOOl SU8R . GENERAL LIABILITY LTR TYPE OF INSURANCE __fNgs plvo POLICY NUMBER .(MMlDDJYYYY) (MMfODIYYvv) LIMITS 7— IEACH OCCURRENCE S PREMISES _ ,COMMERCIAL GENERAL LIABILITY -DAMAGE r0 RENTED PREMISES IEa ocoorengl ,I _ CLAIMS.MIADE I I OCCUR ; . MED EXP(My onepe]On) S _ — PERSONAL 8 ADV INJURY S — ,GENERAL AGGREGATE S - GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S PCLICY J%CT !LOC I I —.. S AUTOMOBILE LIABILITYI N'IE'OMIT ^(Ea accelenti _._ S ANY AUTO I .BODILY INJURY(Per de:eni S I ALL OWNED SCHEDULE _J AUTOS 0 AUTOS • BODILY INJURY;Per?rodent) S HIRED AUTOS NON-OWNED ! 'TSk r Y DAMAGE- . AUTOS LP r ac4Q�4!L 3 5 �_ _UMBRELLA LIAR ._-- OCCUR I EACI.OCCURRENCE i EXCESS LIAB CLAIMS-MADE AGGREGATE ... 5 OED . RETENTIONS S WORKERS COMPENSATION WC STATU- I 0TH. ANDEMPLOYERS'UABILfTY YIN .TORY(,IMITS__ _ __ ..ER_ _- ANY PROPRIETORPARTPER.£X£GJT VE n E:L EACH ACCIDENT S OFFICEPJM£M8ER EKCLUDED? NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE S .- If yes.Cescnbe under .. .. .—....___. DESCRIPTION OF OPERATIONS tel — E L DISEASE-POLICY LM'T 5 DESCRIPTION OF OPERATIONS,LOCATIONS I VEHICLES(Attach ACORD 101.Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �-1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD SECTION J PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a _ , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety,are held and firmly bound unto (N3r1e of Owner) (Address of Owner) hereinafter called OWNER,in the penal sum of _ Dollars, St ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,successors,and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER,dated the day of 2017,a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period,and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void: otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 516( of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall he determined in accordance therewith. PROVIDED,FURTHER, that the said surety, for value received hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original,this the day of ,20 _ ATTEST: Principal BY (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT. Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. SECTION K ROADWAY REPAIR BOND STATE OF TEXAS COUNTY OF JEFFERSON KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Port Arthur, Texas, a municipal corporation (owner) in the penal sum of$100,000 Dollars for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with City of Port Arthur, dated the day of , for the PROPOSED PAVING IMPROVEMENTS NASHVILLE AVENUE from PROCTER STREET to 7th STREET (Rev. Dr. Ransom Howard Street)., which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the existing public streets, roadways or utilities used by the contractor during the construction period. Herein contracted to do all necessary repairing and/or reconstructing in whole or in part of said streets and roadways that should be occasioned by settlement of foundation, damage to roadway surface, or damage to existing utilities in the roadway right of way. Be it understood that the purpose of this section is to cover all damage to existing streets, roadways and utilities accessed and utilized by said contractor during construction. The said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain and repair said existing public streets, roadways and utilities, then these presents shall be null and void and have no further effect. If default shall be made by the said contractor in the performance of it's contract to so maintain and repair said existing public streets, roadways and utilities, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the K-1 principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 2018. Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Roadway Repair Bond must not be prior to date of contract. K-2 SECTION L House Bill 89 Verification 1, Scott Blanchard (Person name), the undersigned representative (hereafter referred to as "Representative") of Gulf Coast a CRH company (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or In an Israeli-controlled territory, but does not include an action made for ordinary business purposes. /6 36( SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 13th day of February 20 19 1 � - PAULA HARRIS Notary 1D X117975 My Commission Expires 1/// / �,•c May 9,2021 Notary Public SECTION M NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01 , et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Scott Blanchard Title: Asst. Secretary Company: Gulf Coast a CRH company Date: February 13, 2019 SUBSCRIBED and sworn to before me the undersigned authority by _Scott_ the _lath of, FPhriiaryOn behalf of said bidder. � 'Blanchard 2019 //0:41 fiZt4L ea r e --- -- — •r Notary Public in and for the PAULA HARRIS State of Texas Notary lD x1179575 0 T� My Commission Expires 1,,+.•* May 9,2021 t My commission expires: May 9,2021 SECTION N AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Gulf Coast a CRH com•an Februa 13 2019 Firm Na Date 4 Y/1" Asst. Secretary Authorized Signature Title Scott Blanchard (409 866-1444 Name(please print) Telephone scott.blanchard@gc-texas.com Email STATE: _Texas___ COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named_Seritt_131ancharri on this the 13th daY of February 20 19<2U' -' P edi Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL r e PAULA HARRIS ,-4-- Notary ID#1179575 7-/ My Commission Expires 4 47x.., May 9,2021 SECTION 0 TXDOT SPECIFICATIONS LIST The following list of Texas Department of Transportation (TxDOT) standard specifications are hereby incorporated into the technical specifications of this contract by reference to the 2014 version of TxDOT's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. This document may be purchased at any of TxDOT's district offices, or can be downloaded from their website www.dot.state.tx.us/business/specifications.htm. The following specifications are hereby identified, adopted, and made part of the contract documents except as have been modified by any Special Provisions included herein: • Item 104 Removing Concrete • Item 105 Removing Stab Base and Asph Pay(2"-12") • Item 110 Excavation (Roadway) • Item 134 Backfilling Pavement Edges • Item 260 Lime Trt (Exst Matl) (12") • Item 305 SaIv, Haul & Stkpl Rcl Aph Py(2 to 4") • Item 360 Conc Pvmt (Cont Reinf- CRCP) (12") • Item 400 Struct Excav • Item 464 RC Pipe (CL III) • Item 465 Manh,JctBox, Inlet • Item 479 Adjusting Manholes and Inlets, Water Valves • Item 529 Conc Curb • Item 530 Intersections, Driveways and Turnouts • Item 531 Conc Sidewalks, Curb Ramps • Item 666 Refl Pay MRK TY I • Item 7016 Water Main (PVC)(C-900) • Item 7016 Sanitary Sewer(8 In) (PVC) 0-1 SECTION P SB 252 CHAPTER 2252 CERTIFICATION I, Scott Blanchard ,the undersigned and representative of Gulf Coast a CRH company (Company or Business Name) -- — being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not' listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran,Sudan or any Foreign Terrorist Organization,I will immediately notify the City of Port Arthur Purchasing Department. Scott Blanchard _ Name of ompany Representative (Print) ei _YZ' ' Signature of Company Representative February 13, 2019 _ Date