Loading...
HomeMy WebLinkAboutPR 24436: AWARDING CONTRACTS FOR CONCRETE BUILDING MATERIALS City of ort rthu�— INTEROFFICE MEMORANDUM Date: July 16, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Works RE: PR 24436—Awarding Contracts for Concrete Building Materials Introduction: This agenda item seeks the City Council's approval authorizing the City Manager to execute one-year contracts for concrete building materials for the Streets Division. Backjround: The one-year contracts are for purchasing concrete building materials — ready mix gravel that the Public Works Streets Division will use to repair streets, sidewalks, curbs, and other facilities throughout the City. The City requested bids through the Port Arthur News on April 30, 2025 and May 7, 2025. Bids were opened on May 21, 2025, in City Hall. Two bidders, Martin Marietta Materials, Inc. and Modem Concrete & Materials of Beaumont, Texas, submitted bids for the Division's concrete needs. Due to administrative delays, contract award is now being pursued. To ensure compliance with best procurement practices, the City requested and received confirmation from the selected vendor(s)that their original pricing and terms remain valid. Based on this confirmation,the City may proceed with contract execution consistent with Texas Local Government Code Chapter 252. The contracts' terms are for one year. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 The winning bids are as follows: Primary Vendor Secondary Vendor Item Description Unit Price Unit Price Unit Price Unit Price No. Delivered Picked Up at Delivered Picked Up at Plant Plant 1 a 2 sk. Ready-mix $167.00/CY $163.00/CY gravel concrete Martin Martin (Base Bid) Marietta Marietta N/A N/A Materials, Inc. Materials, Inc. lb 5 sk. Ready-mix $195.00/CY $185.00/CY $197.00/CY $193.00/CY gravel concrete Modern Modern Martin Martin (Base Bid) Concrete & Concrete & Marietta Marietta Materials Materials Materials, Materials, Inc. Inc. 1 c 7 sk. Ready-mix $215.00/CY $205.00/CY $217.00/CY $213.00/CY gravel concrete Modern Modern Martin Martin (Base Bid) Concrete & Concrete & Marietta Marietta Materials Materials Materials, Materials, Inc. Inc. 2a '/2 sk. Incremental $5.00/CY $5.00/CY $5.00/CY $5.00/CY increase to base ($220.00/CY) ($210.00/CY) ($222.00/CY) ($218.00/CY) bid Modern Modern Martin Martin Concrete & Concrete& Marietta Marietta Materials Materials Materials, Materials, Inc. Inc. 2b 'h sk. incremental $5.00/CY $5.00/CY $5.00/CY $5.00/CY decrease to base ($210.00/CY) ($200.00/CY) ($212.00/CY) ($208.00/CY) bid Modem Modern Martin Martin Concrete & Concrete & Marietta Marietta Materials Materials Materials, Materials, Inc. Inc. Budget Impact: Funds for the not-to-exceed amount of$500,000.00($150,000.00 for FY25 and$350,000.00 for FY26, subject to FY26 budget approval) are available in the Streets Maintenance Account, 001- 21-053-5316-00-70-000, and the Capital Improvement Fund Streets Program Account, 307-21- 053-5316-00-70-000, various projects. Recommendation: The City Council is recommended to approve PR 24436 authorizing the City Manager to execute a contract with Martin Marietta Materials, Inc. and Modern Concrete & Materials, both of Beaumont, Texas,to purchase concrete building materials—ready mix gravel. P.R.No.24436 07/16/2025 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF TWO ONE-YEAR CONTRACTS WITH MARTIN MARIETTA MATERIALS, INC. AND MODERN CONCRETE & MATERIALS OF BEAUMONT, TEXAS, TO PURCHASE CONCRETE BUILDING MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION WITH A PROJECTED BUDGETARY IMPACT OF $500,000.00. BUDGETED FUNDS ARE AVAILABLE IN THE STREET MAINTENANCE ACCOUNT, 001-21-053-5316-00-70-000 ($200,000.00), AND THE CAPITAL IMPROVEMENT FUND STREETS PROGRAM ACCOUNT,307-21-053-5316- 00-70-000,VARIOUS PROJECTS($300,000.00)($150,000.00 FOR FY25 AND $350,000.00 FOR FY26, PENDING FY26 BUDGET APPROVAL). WHEREAS, the City requires materials to repair and rehabilitate its roadways, sidewalks, and other facilities; and, WHEREAS, the contract to purchase road building materials was advertised in the Port Arthur News on April 30, 2025, and May 7, 2025 (attached as Exhibit A); and, WHEREAS, two (2) vendors, Martin Marietta Materials, Inc. and Modern Concrete & Materials of Beaumont, Texas, submitted bids by the May 21, 2025 bid opening date for the unit prices shown in the bid tabulation(attached as Exhibit B); and, WHEREAS, primary and secondary awards are warranted to ensure the availability of materials;now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute a one-year contract between the City of Port Arthur and Martin Marietta Materials, Inc., of Beaumont, Texas, for the unit prices shown in the contract attached as Exhibit C; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute a one-year contract between the City of Port Arthur and Modern Concrete&Materials of Beaumont, Texas, for the unit prices shown in the individual contract attached as Exhibit D; and, P.R.No.24436 07/16/2025 FCR Page 2 of 3 THAT,the City of Port Arthur can terminate any of these contracts at its convenience with thirty days written notice; and, THAT, funding for these materials for the not-to-exceed amount of $500,000.00 ($150,000.00 for FY25 and $350,000.00 for FY26, subject to FY26 budget approval) is provided in the street maintenance account and capital improvement funds; and, THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED THIS day of July 2025, at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES: Mayor ; Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Sherri Bellard,TRMC City Secretary P.R.No.24436 07/16/2025 FCR Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ronald Bu n, CPM City ager I' 40 j„,/,,, .4,1„,,,c. 41, lozel • . Rob- ' , MEng, MBA, CPM Dire, of Publi , orks APPROVED AS TO AVAILABILITY OF FUNDS:4Lyn a Boswell, IC A-CM, MA Director of Finance Clifton E. it Tams Jr., PPB Purchasing Manager P.R.No. 24436 Exhibit A (Bid Advertisement) CITY OF PORT ARTHUR Request for Bids Concrete Building Materials April 30, 2025 May 7, 2025 PUBLIC NO - CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS tereby given that sealed bids,addressed to the City of Port Arthur,wit be received at the ie City Secretary,City Hall 444 4th Street or P.O. Box 1089,Port Arthur,Texas 77641 no 3:00 p.m..Wednesday,May 21,2025 and all bids received will thereafter be opened and at 3:15 p.m.,on Wednesday,May 21,2025 in the City Council Chambers,5th Floor,City rthur,Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.ASPHALT,OIL&EMULSIONS 3.CONCRETE BUILDING MATERIALS fed after the deadline stated above.regardless of method of delivery.will not be considered ed unopened. the Specifications and other Contract Documents are on We in the Purchasing Office,444 I ,City of Port Arthur,and are open for public inspection without charge.They can also be rorn the Citys website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. I er 2 Article VI Sec.2-262(C)of the City's Code of Ordinance.the City Council shall not )ntract to a company that is in arrears in its obligations to the City. Purchasing Manager PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS i tice;is hereby given that sealed bids,addressed to the>City of Port Arthur,will be received at the )ffice of the City Secretary.City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no ater than 3:00 p.m.,Wednesday,May 21,2025 and all bids received will thereafter be opened and ead aloud at 3:15 p.m.,on Wednesday,May 21,2025 in the City Council Chambers.5th Floor,-City fall.Port Arthur.Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.ASPHALT,OIL&EMULSIONS 3.CONCRETE BUILDING MATERIALS aids received after the deadline stated above regardless of method of delivery,will not be considered ind returned unopened. copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444, 1th Street,City of Port Arthur, and are open for public inspection without charge.They can also be -etrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. 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. Cliftdi Williams,dim Purchasing Manager RECEIVED JUL 08 2015 P.R.No.24436 Exhibit B (Bid Tabulation) V a - - .- U U U V a, co o 0 el T.. i © 0 0 0 0 °, z ° Nit- 4.6 a, I v a. > CO 0 0 0 0 "O ++ o Qi iv ZA z ITS ' N tie al itom a a, a, a, v) cl z ,. p. o - U U U V --, W ~ N 'i: i. GC M M M C E„i a •1 0. G 'C O. — wi x d;` ai = CVram+ esp x• o � � � os Ica E. mi v • t0 as E. E" A 5 '� J. -'G .° to;i 0: p, a, 0 0 0 CD 12C vIC lE f=, vi ;le, b cis A - - N yg 66 0 [ 0 a sr4 sit) it ° .a U 0 Pa c, rciA 0 O O O N vOi ma a V C) a ;, i 00 i > 0 y N? -. at C_, Cd —, - 7), A .to bA b0 ma y` j E xw Z = g 3.,cxn ti N '- N \ \ o I a C.) P.R.No. 24436 Exhibit C (Purchasing Contract Agreement— Martin Marietta Materials, Inc.) P.R.No.24436 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2025, by and between an individual, firm partnership or corporation, Martin Marietta Materials, Inc., of Beaumont, Texas, hereinafter called "Contractor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one year from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle, with thirty (30) days' written notice. 2. The Vendor will provide the approved road-building materials as delineated and submitted in their bid on May 20, 2025. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Primary Vendor Secondary Vendor Item# Description UOM Unit Price Unit Price Unit Price Picked Up at Unit Price Picked Up at Delivered Plant Delivered Plant 2 sk. Ready-mix gravel concrete 1a (base bid) CY $167.00 $163.00 N/A N/A 5 sk. Ready-mix gravel concrete 1 b (base bid) CY N/A N/A $197.00 $193.00 7 sk. Ready-mix gravel concrete 1 c (base bid) CY N/A N/A $217.00 $213.00 'h sk. Incremental increase to $5.00 $5.00 2a base bid CY N/A N/A ($222.00) ($218.00) sk. Incremental decrease to $5.00 $5.00 2b base bid CY N/A N/A ($212.00) ($208.00) 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly on price and, secondly, on availability according to the needs of the City. P.R.No.24436 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)Specifications (C)General Information (D)Bid (E)Notice of Award (F) Notice to Proceed 6. 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. SIGNED AND AGREED to on the day of , 2025. WITNESS: CONTRACTOR: Martin Marietta Materials, Inc. SIGNED AND AGREED to on the day of , 2025. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR \�" W.4 RONALD BURTON,CPM DONEANE BECKCOM, : CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: ;`/FI1?�1t\\ CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD Q T l r t h u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 2,2025 INVITATION TO BID CONCRETE BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 2025. (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,May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-056 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 1 Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 Page 1 of 17 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. ef4,I10. 61.24,-4.4m4- Clifton Williams Purchasing Manager Page 2 of 17 INVITATION TO BID CONCRETE BUILDING MATERIALS (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: Page 3 of 17 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 6 B. NON-COLLUSION AFFIDAVIT-PAGE 7(MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 Page 4 of 17 SPECIFICATIONS FOR CONCRETE BUILDING MATERIALS READY-MIX GRAVEL CONCRETE (4000 PSI) ITEM NO. 1 Gravel Concrete: Per applicable sections of the Texas Highway Department Specifications, Items 360, 420, 421, 520 and 522. 5 and 7 sack per cubic yard minimum Minimum compressive strength @ 28 days —4,000 psi Maximum water/cement ratio by weight: 0.70 Slump Range—3" to 4" Aggregate size—3/4" to 1" ITEM NO. 2 Each half sack of cement increment, whether additional or less, will also be quoted. AWARD 1. The contract will be one year. 2. The City may award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 5 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Concrete Building Materials BID DUE DATE: May 21, 2025 ITEM DESCRIPTION UNIT PRICE UNIT PRICE # DELIVERED PICKED UP AT PLANT la 2 sk. ready-mix gravel concrete (Base Bid) $ 167.00 ICy $ 163.00 icy lb 5 sk. ready-mix gravel concrete (Base Bid) $ 197.00 /Cy $ 193.00 icy lc 7 sk. ready-mix gravel concrete (Base Bid) $ 217.00 icy $ 213.00 icy 2a %2 sk. incremental increase to base bid $ 5.00 icy $ 5.00 /CY 2b 'V2 sk. incremental decrease to base bid $5.00 /Cy $ 5.00 /CY Location of stockpile, plant or shipping point:2190 South Gulfway Drive, Port Arthur Martin Maletta Materials, Inc. 5675 Fannett Road CO PANY NAME STREET ADDRESS IGN OF BIDDER P.O. BOX Bill Kelley Beaumont, TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sr. Sales Representative 409-835-4933 TITLE AREA CODE TELEPHONE NO william.kelley@martinmarietta.corn EMAIL FAX NO. Page 6 of 17 • CITY OF PORT ARTHUR, TEXAS 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 b dding 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: I Printed Name: Bin Kelley Title: Sr. Sales Representative Company: Martin Marietta Materials, Inc. Date: 5/20/25 SUBSCRIBED and sworn to before me by the above named tI( keik on this the 04 day of , 20cx Notary Public in and for the ,,„ � <►R�P4,'� AMI DORN State of Texas _? tc Notary Public,State of Texas :;'• 4 Comm.Expires 07-07-2027 '�'FCF�`��' My commission expires: ®7r�di ��/,,, ��� Notary ID 128667860 Page 7of17 AFFIDAVIT All pages i Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The unders'gned offers and agrees to one of the following: X I h-reby certify that I do not have outstanding debts with the City of Port Arthur. I further agre- to pay succeeding debts as they become due. I hireby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said •ebts prior to execution of this agreement. I further agree to pay succeeding debts as they becom- due. I h,reby certify that I do have outstanding debts with the City of Port Arthur and agree to enter int• an agreement for the payment of said debts. I further agree to pay succeeding debts as they bec•me due. Martin Ma ietta Materials, Inc. 5/20/25 Firm ► m: Date 4 i Au! s iz=sI v � �� f3,ature Title i Bill Kelley 409-835-4933 Name(ple•se print) Telephone william.kel'ey@martinmarietta.com Email STATE: DID COUNTY: ,�(,� � SUBSCRI:ED AND SWORN to before me by the above named on this the day of Ack,4 , 20r . SMI AMI DORN a NA, OAA-J - _Notary Public.State of Texas SA. Comm. otary Public :+;�.� �+� m.Expires 07-07-2027 Notary ID 128667860 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire i being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business reljationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 76.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this 4ection is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J n I I Check is box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' complet d questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you be me aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local'.government officer about whom the information is being disclosed. 1 Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, Other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction cf the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No J Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. I J El Ch ck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as escribed in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). .,)_ , ce �-�� Si dui, doing business with the governmental entity Date Form provided by T' as Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 9 of 17 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at httpi/www.statutes.legis.state.tx.usr DocsiLG/htm%LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two 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§176.003(a)(2)(A)and(B): (a) A ocal government officer shall file a conflicts disclosure statement with respe ct 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 (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment 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 (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(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 that 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)(13).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 to a 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 an 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. =orm provided oy Texas Ethics Commission www ethics state.tx.us Revised 11`30,2015 Page 10 of 17 House Bill 89 Verification '/14- (Person name), the undersigned representative (hereaft r referred to as "Representative") of 01 , J rno cit (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. SIG," ti REPRESENTATIVE SUBSCRIBED AND WORN TO BEFORE ME, the undersigned authority, on this day of Ca , 20j�r- AMI DORN ; Notary Public,State of Texas tc Comm.Expires 8 /, ► 'V� �� Notary ID 1286678�667860 i0 nine • Notary Public Page 11 of 17 , SB 252 CHAPTER 2252 CERTIFICATION Bill Kelly I, ,the undersigned an representative of Martin M:rietta Materials, Inc. (Company or Business Name) being an as ult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 22'i 2, Section 2252.152 and Section 2252.153, certify that the company named above is not listed in 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 ce . 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, Sud. or any Foreign Terrorist Organization, I will immediately notify the City of Port Arth , Puri hasing Department. A` ame . . pany Representative(Print) Bill Kelley Signature o Company Representative 5/20/25 Date Page 12 of 17 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. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 13 of 17 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: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 14 of 17 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. Page 15 of 17 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 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 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: Page 16 of 17 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 17 of 17 P.R.No.24436 Exhibit D (Purchasing Contract Agreement—Modem Concrete &Materials) P.R.No.24436 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2025, by and between an individual, firm partnership or corporation, Modern Concrete & Materials, of Beaumont, Texas, hereinafter called "Contractor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one year from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle, with thirty (30) days' written notice. 2. The Vendor will provide the approved road-building materials as delineated and submitted in their bid on May 21, 2025. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Primary Vendor Secondary Vendor Item# Description UOM Unit Price Unit Price Unit Price Picked Up at Unit Price Picked Up at Delivered Plant Delivered Plant 2 sk. Ready-mix gravel concrete 1a (base bid) CY N/A N/A N/A N/A 5 sk. Ready-mix gravel concrete 1 b (base bid) CY $195.00 $185.00 N/A N/A 7 sk. Ready-mix gravel concrete 1 c (base bid) CY $215.00 $205.00 N/A N/A 'h sk. Incremental increase to $5.00 $5.00 2a base bid CY ($220.00) ($210.00) N/A N/A 'h sk. Incremental decrease to $5.00 $5.00 2b base bid CY ($210.00) ($200.00) N/A N/A 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly on price and, secondly, on availability according to the needs of the City. P.R.No.24436 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)Specifications (C)General Information (D)Bid (E)Notice of Award (F) Notice to Proceed 6. 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. SIGNED AND AGREED to on the day of , 2025. WITNESS: CONTRACTOR: Modern Concrete & Materials SIGNED AND AGREED to on the day of , 2025. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t rthtc ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR - MAY 2,2025 INVITATION TO BID CONCRETE BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 2025. (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,May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-056 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 cl ifton.wi l liams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 17 IFF 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. eliotrot, 6/A/Sailtd, Clifton Williams Purchasing Manager Page 2 of 17 INVITATION TO BID CONCRETE BUILDING MATERIALS (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: Page 3 of 17 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 6 B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 Page 4 of 17 SPECIFICATIONS FOR CONCRETE BUILDING MATERIALS READY-MIX GRAVEL CONCRETE (4000 PSI) ITEM NO. 1 Gravel Concrete: Per applicable sections of the Texas Highway Department Specifications, Items 360, 420, 421, 520 and 522. 5 and 7 sack per cubic yard minimum Minimum compressive strength @ 28 days —4,000 psi Maximum water/cement ratio by weight: 0.70 Slump Range— 3"to 4" Aggregate size—3/4"to 1" ITEM NO. 2 Each half sack of cement increment, whether additional or less, will also be quoted. AWARD 1. The contract will be one year. 2. The City may award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 5 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Concrete Building Materials BID DUE DATE: May 21, 2025 ITEM DESCRIPTION UNIT PRICE UNIT PRICE # DELIVERED PICKED UP AT PLANT la 2 sk.ready-mix gravel concrete (Base Bid) $ NO BID /CY $ NO BID /Cy lb 5 sk.ready-mix gravel concrete (Base Bid) $ $195 /CY $ $185 /CY lc 7 sk. ready-mix gravel concrete (Base Bid) $ $215 /Cy $ $205 /CY 2a %2 sk. incremental increase to base bid $ 5 /CY $ 5 /CY 2b 1/2 sk. incremental decrease to base bid $ 5 /CY $ 5 /CY * 3000 PSI CRUB MIX $205/CY $195/CY Location of stockpile, plant or shipping point: Modern Concrete&Materials COMPANY NAME STREET ADDRESS � ff1 PO BOX 21557 IGN,A5 E D P.O.BOX /9c,,e(A LA__ Beaumont Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager 409-842-2100 TITLE AREA CODE TELEPHONE NO jfrederick@modemconcretetx.com EMAIL FAX NO. Page 6 of 17 CITY OF PORT ARTHUR,TEXAS 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: C Printed Name: lfwr+ (-4)(rr✓ � Title: Sales Manager Company: Modern Concrete & Materials Date: 5/21/2025 SUBSCRIBED and sworn to before me by the above named 1orlrn9 Me y-aci 4eron this the 9-Vtt day of m Of..) , 20 . Notary Public i and for the TAMMY ROMERO State of Texas ,'f�� Notary ID Mt04b2i 53 • My Commission Expires ► My commission expires: '4 t I v' to April 10, 2028 Page 7 of 17 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: X 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. Modem Concrete&Materials 5/21/2025 Firm Name Date - ---�� Sales Manager Authorl ed Signature Title ���fr ii /9(--kxr4flit9/6 409-842-2100 Name(please print) Telephone jfrederick@modernconcretetx.com Email STATE: -ry- COUNTY: c -f , 51" ' SUBSCRIBED AND SWORN to before me by the above named `(„rv,vv,.j .Al e ti-ccrtd t'-r on this the 9-1 day of rnpaj , 20 0..5 . ,t4 TAMMY ROMERO Notary Public .++���t Notary ID#10462153 • -` , My Commission Expires April 10, 2028 RETU'1' ' •v - I • ` • • 'T OF THE BID PROPOSAL Page 8 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Goverment Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A J �n I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J nCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts descrbed in Section 176.003(a-1). 5/21/2025 Signatur vendor ' g business with the govemmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 9 of 17 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/iwww.statutes.legis.state.tx.us/ DocsiLG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two 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§176.003(a)(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 (ii) 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 (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor 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 that 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 to a 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 an 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. Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11,30,2015 Page 10 of 17 House Bill 89 Verification I, hmry..1. (Person name), the undersigned representatibg (hereafter referred to as "Representative") of Modern Concrete & Materials _ (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. SIGDI URE 0 EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 61_5', Notary Public TAMMY ROMERO Notary ID#10462153 r, My Commission Expires April 10, 2028 Page 11 of 17 SB 252 CHAPTER 2252 CERTIFICATION I, jAcknon .Q.)caii SXX( ,the undersigned an representative of Modern Concrete& Materials (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. e of Com epresentative (Print) Signature of Company Representative 5/21/2025 Date Page 12 of 17 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. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 13 of 17 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: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 14 of 17 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. Page 15 of 17 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 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 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: Page 16 of 17 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers,agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 17 of 17 DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE 5/21/2025 THIS 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Juanice Smith ANCO Insurance PHONE FAX ,No):979-774-5372 (ac.No,Ext): 979-774-6504 PO Box 3889 E-MAIL Bryan TX 77805 ADDRESS: smith]@anco.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Gray Surplus Lines Insurance C INSURED MODECON-02 INSURER B: RSUI Indemnity CO. 22314 Modern Concrete&Materials, LLC P.O. Box 21557 INSURER c: Starstone Specialty Insurance 44776 Beaumont TX 77720 INSURER D: United Specialty Insurance Com INSURER E: Zurich Amer Ins Co INSURER F: COVERAGES CERTIFICATE NUMBER:1260912417 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. INSR 'ADDL'SUBR1 POLICY EFF POLICY EXP 1LIMITS LTR TYPE OF INSURANCE 'INSD WVD I POLICY NUMBER (MM/DDIYYYY) D/(MM/DYYYY) D �'. X I COMMERCIAL GENERAL LIABILITY ATN24210006 12/30/2024 12/30/2025 ' EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X ' OCCUR II I PREMISES(Ea occurrence) $100,000 I MED EXP(Any one person) $5,000 j I PERSONAL&ADV INJURY •$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER ' GENERAL AGGREGATE $2,000,000 • POLICY X I PE LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: E I AUTOMOBILE LIABILITY I BAP 6152985-00 12/30/2024 10/1/2025 COMBINED SINGLE LIMIT $1,000,000 I- (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSBODILY INJURY(Per accident) $ ': HIREDRED ONLY N'� '� NON-OWNED ' ! PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ C UMBRELLA LIAB X OCCUR I 758270242AL1 12/30/2024 • 12/30/2025 EACH OCCURRENCE $2,000,000 ' i CLAIMS-MADE EXCESS LIAB ��, I AGGREGATE $2,000,000 • X ~ . DED RETENTION$ i _ $ E WORKERS COMPENSATION I WC 6152984-00 12/30/2024 10/1/2025 ',X SEATUTE ERH I AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNERJEXECUTIVE YNN N/A II i !'I E.L.EACH ACCIDENT $1,000,000 !(Mandatoryin EREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE!!$1,000,000 If yes,describe under !. DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $1,000,000 B Excess Liability NHA604228 12/30/2024 12/30/2025 Occurrence/Aggregate 3000000/3000000 A Excess Liability GSL102688 12/30/2024 1 12/30/2025 1 Occurrence/Aggregate I 5000000/5000000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pollution Liability Policy#G74392301003 Westchester Fire Insurance Company Effective 12/30/2024 to 12/30/2025 Occurrence/Aggregate$5,000,000/$5,000,000 Rented/Leased Equipment Policy#04CIM000033428 See Attached... 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. City of Port Arthur,TX P.O. Box 1089 Port Arthur TX 77641 AUTHORIZED REPRESENTATIVE Cfi— -3 A ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MODECON-02 LOC#: A ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED ANCO Insurance Modern Concrete&Materials, LLC P.O.Box 21557 POLICY NUMBER Beaumont TX 77720 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Mid-Continent Casualty Company Effective 12/30/2024 to 12/30/2025 Actual Cash Value Limit$600,000 Per Item Limit$3,500,000 Total Rented GENERAL LIABILITY 30 day Notice of Cancellation except 10 days for non-payment of premium,Additional Insured with Product/Completed Operations,Primary Non Contributory and Waiver of Subrogation applies per attached forms VEN 064 00(04/22),CG 20 10 04 13,CG 20 37 04 13,VEN 051 00(02/20)and CG2404 05 09. All When Required by written contract in accordance with policy terms and provisions. AUTO LIABILITY Additional Insured,Waiver of Subrogation per forms attached U-CA-428-C CW(10/21).All When Required by written contract in accordance with policy terms and provisions. WORKERS COMPENSATION Waiver of Subrogation and 30 day Notice of Cancellation except 10 days for non-payment of premium,Alternate Employer Endorsement and Longshore and Harbor Workers'Compensation Act Coverage Endorsement included per forms attached WC42 06/01 (Ed.01-1994),WC 42 03 04 B and WC 00 03 01 (Ed. 4-84)and WC 00 01 06 A(Ed.4-92). EXCESS POLICIES-Follow Form ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 064 00 (04/22) THIRD PARTY CANCELLATION NOTICE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below (according to the number of days listed below) once the Named Insured has been notified. If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name and Address of Other Person/Organization Number of Calendar Days Notice Per schedule on file with the Company 30 All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 064 00(04/22) Page 1 of 1 POLICY NUMBER:ATN24210006 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As Required By Written Contract, Fully As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: ATN24210006 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract, Fully Executed Prior As Required By Written Contract, Fully Executed Prior To The Named Insured's Work To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 051 00 (02/20) PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART,and supersedes any provision to the contrary: Primary and Non-Contributory Insurance Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: a. (1) The Additional Insured is a Named Insured under such other insurance; and (2) A fully written contract fully executed prior to the Named Insured's commencement of work for such Additional Insured for the specific project that is the subject of the claim, "suit," or"occurrence" expressly requires that this insurance: (i) apply on a primary and non-contributory basis; and (ii) would not seek contribution from any other insurance available to the additional insured. or b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non-contributory basis. Name Of Person(s)Or Organization(s) As Required By Written Contract, Fully Executed Prior To The Named Insured's Work All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 051 00(02/20) Page 1 of 1 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. VEN 079 01 (03/18) POLICY LIMITATION - TOTAL AGGREGATE LIMIT FOR ALL CONSTRUCTION PROJECTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE SECTION III- LIMITS OF INSURANCE -2, is amended by the addition of the following: d. The General Aggregate Limit, shown in the Policy Declarations, applies separately to each"construction project". e. Notwithstanding the application of the General Aggregate Limit to each "Project"of the Named Insured, under no circumstances shall we pay more than $5,000,000 for all claims under this policy that are subject to the General Aggregate Limit. The following are added to the DEFINITIONS section of this policy "Construction project" means any construction project, development, property, or group of properties, including all premises, phases, lots, and areas of such project, development, or property, and any building or group of buildings or other structures contained in any business or housing project, development, subdivision, or business park. If a construction project, or construction activity related thereto. has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same location or construction project under this endorsement. Multiple jobs, work orders. purchase orders, change orders or work done at multiple bcations under one contract or master contract are not considered separate "construction projects" within the meaning of this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. VEN 079 01 (03/18) Page 1 of 1 POLICY NUMBER: ATN24210006 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 0 Coverage Extension Endorsement — Liability Only ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 6152985 -00 Effective Date: 12/30/2024 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law,any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional"insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-428-C CW(10/21) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 3 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II-Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II-Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual),a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the"insured"to notify us of any"accident", claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the"accident" or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H. Hired Auto—World Wide Coverage Paragraph 7.b.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto"is leased, hired, rented or borrowed for a period of 60 days or less, Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-428-C CW(10/21) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 3 J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-428-C CW(10/21) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 01-1994) Texas Notice of Material Change Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice:30 2. Notice will be mailed to: FL and TX only: Each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification, . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/30/2024 Policy No. WC 6152984-00 Endorsement No. Insured Modern Concrete&Materials,LLC Premium Insurance Company Zurich American Insurance Company Countersigned by WC 42 06 01 ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Page 1 of 1 (Ed.01-1994) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All operations of the Named Insured, where the written contract to provide this waiver is executed prior to the accident or loss, and the waiver provided under this policy is for work performed by the Named Insured for that person and/or organization. 3. Premium: The premium charge for this endorsement shall be 0% percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCL This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/30/2024 Policy No. WC 6152984-00 Endorsement No. Insured Modern Concrete&Materials, LLC Premium Insurance Company Zurich American Insurance Company Countersigned by WC 42 03 04 B ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Page 1 of 1 (Ed. 06-14) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 01 (Ed. 4-84) ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One(Workers Compensation Insurance) and Part Two (Employers Liability Insurance)will apply as though the alternate employer is insured. Under Part One(Workers Compensation Insurance)we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law.We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four(Your Duties If Injury Occurs)applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. Schedule State of Special or Alternate Employer Address Temporary Employment Any person or organization to whom Texas or to which you are required to add as an alternate employer in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/30/2024 Policy No. WC 6152984-00 Endorsement No. Insured Modern Concrete&Materials, LLC Premium Insurance Company Zurich American Insurance Company Countersigned by WC 00 03 01 Page 1 of 1 (Ed.4-84) Copyright 1984 National Council on Compensation Insurance. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 00 01 06 A(Ed. 4-92) LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/30/2024 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.WC 6152984-00 of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to Modern Concrete & Materials, LLC Premium $ Authorized Representative This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule.The policy applies to that work as though that state were listed in Item 3.A of the Information Page. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers' or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A of the Information Page and the Longshore and Harbor Workers' Compensation Act(33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers' or workmen's compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions., exclusion 8., does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Schedule Longshore and Harbor Workers' State Compensation Act Coverage Percentage Texas 107% The rates for classifications with code numbers not followed by the letter"F"are rates for work not ordinarily subject to the Longshore and Harbor Workers'Compensation Act. If this policy covers work under such classifications,and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non-F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. WC 00 01 06 A(Ed.4-92) Copyright 1983, 1991 National Council on Compensation Insurance. Page 1 of 1