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C2023-131 - 6/27/2023 - Approved
DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B 0 °b�nnwo�Ay"v 1852 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 27,2023, is between the City of Corpus Christi (Owner) and Berry Contracting, LP dba Bay Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Proiect No.21064 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Road Corpus Christi,Texas,78411 MYbarra@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Engineering Services City of Corpus Christi—Engineering Services 4917 Holly Road, Bldg.#5 Corpus Christi,TX 78411 brettvh@cctexas.com ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223-1 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,125 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$375 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 5,199,500.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. Agreement 005223-4 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. Include Wastewater CD Exhibit if Proiect pertains to SSO CD work. C. List others as necessary. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI FS DacuSigned by; DacuSigned by:601 7/14/2023 7/13/2023 4o1e414949.r... .. Rebecca Huerta Jeffrey Edmonds, P.E. City Secretary Director of Engineering Services Res.033088 AUTHORIZED 6/27/2023 APPROVED AS TO LEGAL FORM: BY COUNCIL Docusign/e��d��,by: .�+� + Er� Ds�," V d"T 7/13/2023 ;/sis a(19F2fi FOA82244.4_ Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR L--FF4-8z^ uSigned by:�j 7/11/2023 i34 ... (Seal Below) By: Matthew R. Beal Note: Attach copy of authorization to sign if Title: Estimating Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1414 Valero Way Financial Officer Address Corpus Christi Texas 78409 City State Zip 361-693-2100 361-289-2304 Phone Fax bealm@bayltd.com Email END OF SECTION Agreement 005223-6 Project No.21064—Rodd Field Road (Yorktown Boulevard to Adler Drive) Bond 2020 Rev 12/2021 DocuSign Envelope ID:C15OB300-F65C-4B96-B569-6OF3689A2A3B ADDENDUM No. 2 00 30 01 BID FORM A"T"FACHMENo, 2 ............... Project Name: Ford Field Road(Yorktown Boulevard to Adler Drive) Project Number: 21064 Owner: City of Corpus Christi OAR: Designer: By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter Into a Contract with the Owner and complete the Work In accordance with the Contract Documents for the Bid price. Bidder: Berry Contracting,LP dba Bay Ltd. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: Matthew R.Beal (printed name of person signing Bid Form) Title: Estimating Manager (title of person signing Bid Form) Attest: (signature) State of Residency: Texas Federal Tx ID No, 74-2982901 Address for Notices: Bay Ltd. 1414 Valera Way Corpus Christi,TX 78409 Phone: (361)693-2100 Mamit Email: bealm@bayltd.com Bid Form 00 30 01-Page I of Ford Field Road(Yorktown Boulevard to Adler Drive)Project No,21064 Rev 8/2019 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM BID TOTALS BASE BID Total PART A-GENERAL $296,232.40 PART B-STREET IMPROVEMENTS $2,314,958.25 PART C-ADA IMPROVEMENTS $321,539.60 PART D-SIGNALIZATION IMPROVEMENTS $256,016.60 PART E- I.T. IMPROVEMENTS $84,783.50 PART F-GAS IMPROVEMENTS $31,156.25 PART G-STORMWATER IMPROVEMENTS $685,234.00 PART H -WASTEWATER IMPROVEMENTS $285,100.00 PART I -WATER IMPROVEMENTS $924,479.40 Total $5,199,500.00 PART A-GENERAL No. Description Unit Qty Unit Price Ext Price Al MOBILIZATION(MAX 5% PART A) LS 1 $13,400.00 $13,400.00 A2 BONDS AND INSURANCE AL 1 $34,200.00 $34,200.00 A3 TRAFFIC CONTROL(MOBILIZATION, EA 1 $3,600.00 $3,600.00 IMPLEMENTATION,AND ADJUSTMENTS) A4 TRAFFIC CONTROL PLAN ITEMS MO 10 $2,800.00 $28,000.00 (BARRELS,SIGNS,TEMP PAVT MARKINGS, ETC.) A5 TEMPORARY TRAFFIC SIGNILIZATION EA 1 $26,000.00 $26,000.00 FOR ALL PHASES OF TH E TRAFFIC CONTROL A6 METRO COMPACT MESSAGE BOARD EA 3 $25,000.00 $75,000.00 A7 ARROW BOARD EA 1 $5,000.00 $5,000.00 A8 OZONE ACTION DAY DAY 2 $700.00 $1,400.00 A9 CLEAR RIGHT-OF-WAY AC 16 $2,100.00 $33,600.00 A10 STORMWATER POLLUTION PREVENTION LS 1 $25,000.00 $25,000.00 PLAN All SEEDING SY 22166 $1.40 $31,032.40 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM Al2 ALLOWANCE FOR UNANTICIPATED AL 1 $20,000.00 $20,000.00 GENERAL ACTIVITIES Subtotal:$296,232.40 PART B-STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price B1 MOBILIZATION(MAX 5% PART B) LS 1 $42,770.65 $42,770.65 B2 3"TYPE D HMAC(FINAL SURFACE) SY 13596 $26.00 $353,496.00 B3 7"TYPE B HMAC(INITIAL SURFACE) SY 13596 $51.00 $693,396.00 B4 PRIME COAT, MC-30(0.15 GAL/SY) GAL 2040 $6.00 $12,240.00 B5 16" FLEX BASE MATERIAL TYPE A GRADE SY 14638 $50.00 $731,900.00 1-2 B6 SINGLE COURSE UNDERSEAL SY 13596 $3.10 $42,147.60 B7 8" LIME STABILIZATION SUBGRADE SY 14638 $10.50 $153,699.00 B8 EXCAVATION(REMOVAL AND DISPOSAL) CY 13760 $11.75 $161,680.00 B9 3" MILL AND OVERLAY SF 9501 $0.80 $7,600.80 B10 EXCAVATION(MEDIAN) SY 85 $95.00 $8,075.00 B11 PAVEMENT REPAIR SF 343 $33.00 $11,319.00 B12 REFLECTIVE PAVEMENT MARKINGS LF 7343 $0.60 $4,405.80 (TYPE 1)(W H ITE)(4")(SOLI D)(090 MIL) B13 REFLECTIVE PAVEMENT MARKINGS LF 220 $0.75 $165.00 (TYPE 1)(WHITE)(4")(BROKEN)(090 MIL) B14 REFLECTIVE PAVEMENT MARKINGS LF 3470 $0.60 $2,082.00 (TYPE 1)(YELLOW)(4")(SOLID)(090 MIL) B15 REFLECTIVE PAVEMENT MARKINGS LF 220 $0.75 $165.00 (TYPE 1)(YELLOW)(4")(BROKEN)(090 MIL) B16 REFLECTIVE PAVEMENT MARKINGS LF 424 $1.60 $678.40 (TYPE 1)(YELLOW)(1 2")(SOLI D)(090 M I Q(GORE) B17 REFLECTIVE PAVEMENT MARKINGS LF 422 $1.10 $464.20 (TYPE 1)(W H ITE)(8")(SOLI D)(090 MIL) B18 REFLECTIVE PAVEMENT MARKINGS LF 36 $1.10 $39.60 (TYPE 1)(WHITE)(8")(DOT)(090 MIL) DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM B19 REFLECTIVE PAVEMENT MARKING EA 10 $390.00 $3,900.00 SYMBOL(TYPE C HEAT APPLI ED)(W H ITE)(TH RU-TURN-ARROW OR WORD)(125 MIL)(PREFORMED THERMOPLASTIC) B20 RAISED PAVEMENT MARKERS(TY II-A-A) EA 169 $6.10 $1,030.90 B21 RAISED PAVEMENT MARKERS(TY II-B-B) EA 8 $6.10 $48.80 B22 RAISED PAVEMENT MARKERS(TY II-C-R) EA 33 $6.10 $201.30 B23 RAISED PAVEMENT MARKERS(TY I-C) EA 7 $6.10 $42.70 B24 LIGHTPOST REMOVAL EA 2 $1,300.00 $2,600.00 B25 FURNISH AND INSTALL SIGN AND SIGN EA 17 $1,100.00 $18,700.00 ASSEMBLY(TRIANGULAR SLIP BASE) B26 REMOVAL OF EXISTING SIGNAGE AND EA 7 $90.00 $630.00 SUPPORT ASSEMBLY(POLE FOUNDATION) B27 ADJUSTMENT OF EXISTING MANHOLE EA 1 $2,300.00 $2,300.00 RING\COVER B28 COMPACTED FILL CY 431 $15.50 $6,680.50 B29 ALLOWANCE FOR UNANTICIPATED AL 1 $52,500.00 $52,500.00 STREET IMPROVEMENTS Subtotal: $2,314,958.25 PART C-ADA IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price C1 MOBILIZATION(MAX 5% PART C) LS 1 $5,500.00 $5,500.00 C2 10'CONCRETE PEDESTRIAN SIDEWALK SF 31465 $7.80 $245,427.00 C3 CONCRETE CURB RAMP SF 1733 $22.00 $38,126.00 C4 SIDEWALK AND CONCRETE CURB RAMP SF 2232 $2.80 $6,249.60 DEMOLITION C5 REFLECTIVE PAVEMENT MARKERS FOR LF 207 $21.00 $4,347.00 CROSSWALK(TYPE C HEAT APPLIED)(WHITE)(24")(125 MIL)(PREFORMED THERMOPLASTIC) C6 REFLECTIVE PAVEMENT MARKERS FOR LF 90 $21.00 $1,890.00 STOP BAR(TYPE C HEAT APPLIED)(WHITE)(24")(125 MIL)(PREFORMED THERMOPLASTIC) DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM C7 ALLOWANCE FOR UNANTICIPATED ADA AL 1 $20,000.00 $20,000.00 IMPROVEMENTS Subtotal:$321,539.60 PART D-SIGNALIZATION IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price D1 MOBILIZATION(MAX 5% PART D) LS 1 $11,300.00 $11,300.00 D2 DRILL SHAFT(TRF SIG POLE)(36 IN) LF 16 $500.00 $8,000.00 D3 CON DT(PVC)(SCH 40)(2") LF 39 $46.00 $1,794.00 D4 CON DT(PVC)(SCH 40)(4") LF 168 $46.00 $7,728.00 D5 ELEC COMDR(NO.6) BARE LF 26 $3.20 $83.20 D6 ELEC COMDR(NO.6) INSULATED LF 62 $3.20 $198.40 D7 ELEC COMDR(NO.8) BARE LF 1969 $2.60 $5,119.40 D8 TRAY CABLE(3 COMDR)(12 AWG) LF 4286 $3.00 $12,858.00 D9 GROUND BOX TY D(162922)W/APRON EA 3 $2,200.00 $6,600.00 D10 REMOVE GROUND BOX EA 3 $850.00 $2,550.00 D11 INSTALL HWY TRF SIG(UPGRADE) EA 1 $36,400.00 $36,400.00 D12 REMOVING TRAFFIC SIGNALS EA 1 $6,200.00 $6,200.00 D13 VEH SIG SEC(12")LED(GRN) EA 3 $410.00 $1,230.00 D14 VEH SIG SEC(12")LED(GRN ARW) EA 4 $410.00 $1,640.00 D15 VEH SIG SEC(12")LED(YEL) EA 3 $410.00 $1,230.00 D16 VEH SIG SEC(12")LED(YEL ARW) EA 2 $410.00 $820.00 D17 VEH SIG SEC(12")LED(RED) EA 3 $410.00 $1,230.00 D18 VEH SIG SEC(12")LED(RED ARW) EA 2 $410.00 $820.00 D19 BACKPLATE W/REFL BRDR(3 SEC) EA 3 $180.00 $540.00 D20 BACKPLATE W/REFL BRDR(4 SEC) EA 2 $200.00 $400.00 D21 PED SIG SEC(LED)(COUNTDOWN) EA 4 $1,100.00 $4,400.00 D22 TRF SIG CBL(TY A)(14 AWG)(5 COMDR) LF 1793 $2.90 $5,199.70 D23 TRF SIG CBL(TY A)(14 AWG)(7 CON DR) LF 200 $3.20 $640.00 D24 TRF SIG CBL(TY A)(14 AWG)(16 COMDR) LF 823 $6.50 $5,349.50 D25 INS TRF SIG PL AM(S)1 EA 1 $29,500.00 $29,500.00 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM D26 PED POLE ASSEMBLY EA 4 $4,600.00 $18,400.00 D27 PED DETECT PUSH BUTTON(APS) EA 4 $1,000.00 $4,000.00 (POLARA TOUCH LESS)(W/R10-3e SIGN) D28 PED DETECTOR CONTROLLER UNIT EA 1 $5,400.00 $5,400.00 D29 RADAR DETECTOR(WAVETRONIX) EA 2 $9,200.00 $18,400.00 D30 RADAR DETECTOR CABINET INTERFACE EA 1 $9,000.00 $9,000.00 DEVICE(WAVETRONIX CLICK 656) D31 RADAR DETECTOR COMM &POWER LF 2304 $2.10 $4,838.40 CABLE(WAVETRONIX SMARTSENSOR 6/C) D32 ITS COM CBL(ETHERNET)(CAT5E FOR LF 496 $2.30 $1,140.80 CCTV&RADIO) D33 CONDUIT(PREPARE) LF 1768 $2.90 $5,127.20 D34 GROUND BOX(PREPARE) EA 5 $620.00 $3,100.00 D35 ILSN(LED)(8 S)(RIGID BACK MOUNT) EA 1 $5,300.00 $5,300.00 D36 REMOVE AND REPLACE SIDEWALK SF 70 $64.00 $4,480.00 D37 ALLOWANCES FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 SIGNALIZATION IMPROVEMENTS Subtotal:$256,016.60 PART E- I.T. IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price E1 MOBILIZATION(MAX 5% PART E) LS 1 $4,000.00 $4,000.00 E2 2" PVC(SCH.40) ELECTRICAL CONDUIT LF 3154 $17.75 $55,983.50 (IT/MIS) E3 NEW BASIS POLYMER CONCRETE PULL EA 7 $3,400.00 $23,800.00 BOX 24"X36"X18"w/3"GRAVEL(IT/MIS) E4 ALLOWANCE FOR UNANTICIPATED I.T. LS 1 $1,000.00 $1,000.00 IMPROVEMENTS Subtotal: $84,783.50 PART F-GAS IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price F1 MOBILIZATION(MAX 5% PART F) LS 1 $1,000.00 $1,000.00 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM F2 TRENCHING FOR GAS LINE LF 805 $15.00 $12,075.00 F3 BACKFILL AND COMPACTION FOR GAS LF 805 $16.25 $13,081.25 LINE TRENCH F4 ALLOWANCE FOR UNANTICIPATED GAS AL 1 $5,000.00 $5,000.00 IMPROVEMENTS Subtotal: $31,156.25 PART G-STORMWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price G1 MOBILIZATION(MAX 5% PART G) LS 1 $11,300.00 $11,300.00 G2 CURB AND GUTTER DEMOLITION LF 844 $10.00 $8,440.00 G3 STORM CURB AND GUTTER LF 942 $31.00 $29,202.00 G4 18" REINFORCED CONCRETE PIPE LF 55 $240.00 $13,200.00 (CLASS III) G5 24" REINFORCED CONCRETE PIPE LF 92 $200.00 $18,400.00 (CLASS III) G6 30" REINFORCED CONCRETE PIPE LF 86 $220.00 $18,920.00 (CLASS III) G7 36" REINFORCED CONCRETE PIPE LF 148 $230.00 $34,040.00 (CLASS III) G8 42" REINFORCED CONCRETE PIPE LF 230 $280.00 $64,400.00 (CLASS III) G9 18"SINGLE BARREL SAFETY END EA 1 $2,500.00 $2,500.00 TREATMENT(TY 11)(RCP)(3: 1)(C) G10 24"SINGLE BARREL SAFETY END EA 1 $2,700.00 $2,700.00 TREATMENT(TY 11)(RCP)(3: 1)(C) G11 30"SINGLE BARREL SAFETY END EA 1 $4,000.00 $4,000.00 TREATMENT(TY 11)(RCP)(3: 1)(C) G12 36" DOUBLE BARREL SAFETY END EA 2 $5,100.00 $10,200.00 TREATMENT(TY 11)(RCP)(3: 1)(P) G13 42"SINGLE BARREL SAFETY END EA 1 $6,300.00 $6,300.00 TREATMENT(TY 11)(RCP)(3: 1)(P) G14 JUNCTION BOX(5-10 FEET) EA 1 $7,900.00 $7,900.00 G15 4' POST INLETS EA 1 $8,100.00 $8,100.00 G16 4'GRATE INLET EA 2 $9,600.00 $19,200.00 G17 NEW DITCH SHAPING AND GRADING CY 14755 $11.50 $169,682.50 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM G18 SOIL RETENTION BLANKET(TYPE A) SY 21836 $2.30 $50,222.80 G19 VEGETATIVE FILTER STRIP SY 9986 $13.50 $134,811.00 G20 TRENCH SAFETY FOR STORMWATER LF 611 $8.70 $5,315.70 LINES G21 SIDEWALK FLUME LF 20 $320.00 $6,400.00 G22 ALLOWANCE FOR UNANTICIPATED LS 1 $60,000.00 $60,000.00 STORMWATER IMPROVEMENTS Subtotal:$685,234.00 PART H-WASTEWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price H1 MOBILIZATION(MAX 5% PART H) LS 1 $5,500.00 $5,500.00 H2 PROPOSED 10" PVC SDR 26 LF 768 $200.00 $153,600.00 H3 5' FIBERGLASS MANHOLE(15-20 FEET EA 4 $24,000.00 $96,000.00 DEEP) H4 ALLOWANCE FOR UNANTICIPATED AL 1 $30,000.00 $30,000.00 WASTEWATER IMPROVEMENTS Subtotal:$285,100.00 PART I-WATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price 11 MOBILIZATION(MAX 5% PART 1) LS 1 $10,000.00 $10,000.00 12 12" DIA. C900 PVC WATERLINE LF 4811 $110.00 $529,210.00 13 8" DIA. C900 PVC WATERLINE LF 113 $130.00 $14,690.00 14 6" DIA. C900 PVC WATERLINE LF 83 $130.00 $10,790.00 15 TRENCH SAFETY FOR WATERLINES LF 4924 $1.60 $7,878.40 16 12-INCH CAP WITH 2-INCH THREADED EA 1 $1,400.00 $1,400.00 TAP(INCLUDING BRASS FITTINGS,900 ELL,TEE, NIPPLE,COUPLING) 17 8-INCH LONG COUPLING EA 2 $700.00 $1,400.00 18 6-INCH D.I.M j 45 DEG BEND EA 3 $640.00 $1,920.00 19 8-INCH D.I.M j 45 DEG BEND EA 1 $770.00 $770.00 110 6-INCH X 6-INCH D.I.M j.TEE EA 1 $5,800.00 $5,800.00 111 6-INCH D.I.Mj. REDUCER EA 1 $780.00 $780.00 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B n Boulevard to Adler Dri... Report Created On:4/19/2023 9:26:26 PM 112 12-INCH X 8-INCH D.I.M j CROSS EA 1 $1,700.00 $1,700.00 REDUCER 113 12-INCH X 8-INCH D.I.M j TEE EA 1 $1,400.00 $1,400.00 114 12-INCH X 12-INCH D.I.M j TEE EA 3 $1,700.00 $5,100.00 115 12-INCH LONG COUPLING EA 3 $1,100.00 $3,300.00 116 8-INCH D.I.M j. GATE VALVE EA 1 $2,500.00 $2,500.00 117 12-INCH D.I.M j. GATE VALVE EA 16 $4,300.00 $68,800.00 118 12-INCH D.I.M j. 22.5 DEG BEND EA 2 $1,200.00 $2,400.00 119 12-INCH D.I.M j 45 DEG BEND EA 23 $1,200.00 $27,600.00 120 12-INCH D.I.M j 90 DEG BEND EA 2 $1,300.00 $2,600.00 121 12-INCH X 6-INCH D.I.M j TEE EA 8 $800.00 $6,400.00 122 DEMOLITION OF 8"ASBESTOS CEMENT LF 8 $240.00 $1,920.00 WATERLINE 123 REMOVAL OF EXISITING 12"WATERLINE LF 691 $21.00 $14,511.00 124 FIRE HYDRANT ASSEMBLY EA 8 $9,200.00 $73,600.00 125 FIRE HYDRANT ASSEMBLY REMOVAL EA 8 $670.00 $5,360.00 AND SALVAGE 126 6-INCH D.I.WATERLINE LF 70 $170.00 $11,900.00 127 8-INCH D.I.WATERLINE LF 9 $300.00 $2,700.00 128 12-INCH D.I.WATERLINE LF 275 $130.00 $35,750.00 129 WATER CONNECTIONS EA 4 $8,700.00 $34,800.00 130 ALLOWANCE FOR UNANTICIPATED AL 1 $37,500.00 $37,500.00 WATER IMPROVEMENTS Subtotal:$924,479.40 DocuSign Envelope ID:C15OB300-F65C-4B96-B569-6OF3689A2A3B ice', BERRGPI-01 SN VA RO ACORD" DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/30/2023 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). PRODUCER NONEACT Francle Hartung,CIC Carlisle Insurance A/CNNo Ext:(361)360-7094 FAX 500 N Water#900 Corpus Christi,TX 78401 ED.MIkss.francesh@carlisleins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED Berry Contracting,L.P.dba Bay Ltd.; INSURER B:Westchester Flre Insurance Company 10030 Berry GP,Inc.dba Berry Contracting,Inc.; INSURER C:ACE Property&Casualty Insurance Company 20699 Berry Heavy Haul&Rigging INSURER D:AXIS Surplus Insurance Company 26620 P O Box 4858 Corpus Christi,TX 78469 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, _ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSDIWVDI ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPna LIMITS A F X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE !$ 2,000,000 CLAIMS-MADE (— DAMAGE TO RENTED $ 100,000 X occuR HDOG47345182 5/20/2023 5/2012024 X CG0001 04113 MED EXP(Any one erson is 10,000 PERSONAL&ADV INJURY 1_$ 2,000,000 GEN'L AGGREGATE LIM"APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY jCOj-- LOC I PRODUCTS-COMP/OP AGO $ 5,000,000 _ OTHER: _ $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 Ea accident $ X ANY AUTO ISAH10755773 ! 5/20/2023 5/20/2024 BODILY INJURY Perperson) $ _ OWNED SCHEDULED AUTOS ONLY _f AUTOS BODILY INJURY Per accident $ X AUXOSOL� i PROPERTY (Per accident)ONLY AUTON $ X MCS-90 X ICA0001 11/20 B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LtAB CLAIMS-MADE G24021439016 1 5/20/2023 5/20/2024 AGGREGATE $ 5,000,000 DED 1 X I RETENTION$ 10,000 R1-7 O $ A I WORKERS COMPENSATION X STATUT ERH AND EMPLOYERS'LIAdILITY Y/N WLRCS0726733 5/20/2023 5/20/2024 2,000,000 ANY PROPRIETORPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ;N/A!I I 2,000,000 (Mandatory In NH) I E.L.DISEASE-EA EMPLOYE $ _ Ifs describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liability 626119641 008 5/20/2023 5/20/2024 Occurrence/Aggregate 10,000,000 D Excess Liability P001-000332904-04 5/20/2023 5/20/2024 Occurrence/Aggregate 10,000,0001 I, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Project#21064 Project Name:Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2020 I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City p ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Contract Administrator P.O.Box 9277 - -- Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:C15OB300-F65C-4B96-B569-6OF3689A2A3B AGENCY CUSTOMER ID: BERRGPI-01 _ LOC#: A�® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Carlisle Insurance Berry Contracting,L.P.dba Bay Ltd.; Berry GP,Inc.dba Berry Contracting,Inc.; POLICY NUMBER See Page 1 Berry Heavy Haul&Rigging PO Box 4858 Corpus Christi TX 78469-4858 CARRIER See Page 1 NAIC CODE EFFECTIVE DATE: 05/20/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE COVERAGE CONTINUED: CONTRACTOR'S POLLUTION POLICY/INSURER:Indian Harbor Insurance Company(NAIC#36940)/EFFECTIVE:05/2012023 EXPIRATION:05120/2024 POLICY NUMBER:CE0744668706/LIMITS:$25,000,000 Ea Pollution Condition 1$25,000,000 Pollution Aggregate POLICY FORMS&ENDORSMENTS: GENERAL LIABILITY INCLUDES:(ISO Commercial General Liability Occurrence-CG0001 04113) Construction Project(s)Genera!Aggregate Limit-LD21732 01/07-$5,000,000 per Project/ Designated Location(s)Aggregate Limit-LD20039 09110-All Locations$5,000,000 Limit Contractual Liability;Broad Form Property Damage;Explosion,Collapse and Underground Hazard;Blowout and Cratering;Separation of Insureds as provided per form CG0001 04/13 Employers Liability exclusion does not apply to liability assumed in an Insured Contract per CGL Form CG0001 04113 Additional Insured-Lessor of Leased Equipment-Automatic Status When Required in Lease Agreement with You-CG203412119 Additional Insured-Owners,Lessees or Contractors-On Going Operations-CG201010/01 and Additional Insured-Owners,Lessees or Contractors-Completed Operations-CG2037 10/01- Any Owner,Lessee or Contractor,and any other person or organization whom you have agreed to include as an additional insured under written contract,provided such contract was exe- cuted prior to the date of loss Non Contributory Endorsement for Additional Insureds-LD20287 06106-Any additional insured for whom you have agreed to provide such primary and non-contributory insurance as required under written contract executed prior to loss Waiver of Transfer of Rights of Recovery Against Others-CG240412/19-Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss Contractual Liability Railroads-CG241710/01-Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss 30 Day Notice of Cancellation except 10 Days for Non-Payment of Premium when required by written contract-Notice to Others Endorsement-Schedule-Notice by Insured's Representative- ALL34275(10/11) AUTOMOBILE LIABILITY INCLUDES:(ISO Business Auto-CA0001 11/20) Additional Insured-Designated Persons or Organizations-DA9U74C 03/16-Any person or organization whom you have agreed to include as an additional insured under a written contract executed prior to ioss Non-Contributory for Additional Insureds-DA21886b 06/14-Any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required by written contract executed prior tc loss; Coverage for Certain Operations in Connections with Railroads-CA207010/13-Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss Motor Carrier Endorsement-MCS90-Primary$2,000,000 Pollution Liability Broadened Coverage for Covered Autos-CA994810/13 Waiver of Transfer of Rights of Recovery Against Others-DA13115a 0614-Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss 30 Darr Notice of Cancellation,except 10 Days for Non-Payment of Premium when required by written contract-Notice to Others Endorsement-Schedule-Notice by Insured's Representative- ALL34275(10111) WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INCLUDES:(NCCI WCOOOOOOC 01/15) Alternate Employer-WC000301A 02/89 and WC000301 04/84-If any-Any state shown in Item 3A of the Information Page(does not apply to any employee lease contract/arrangement) Longshore and Harbor Workers Compensation Act-WC000106A 04/92 Maritime Coverage-WC000201 B 01/15-If any,TWM&C Included-$2,000,000 Limit of Liability Outer Continental Shelf Lands Act-WC000109C 01/15 Stop-Gap Employers Liability-WC990303C 04/92-$2,000,000 Limit Voluntary Compensation-Foreign-WC990302D 01/15-Any US Employee while temporarily outside the US or Canada Voluntary Compensation-Maritime-WC000203 04/84-Employees Masters and Members of Crew of Vessel you have contracted to perform work on Voluntary Compensation and Employers Liability-AOS-WC000311A 08191-Any employee exempt from the Workers Compensation Law Waiver of Transfer of Right to Recover from Others-WC00031311/05 and Texas WC420304b 06/14-Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss 30 Day Notice of Cancellation except 10 Days for Non-Payment of Premium when required by written contract-Notice to Others Endorsement-Schedule-Notice by Insured's Representative- WC990388(10111) UMBRELLA-EXCESS LIABILITY POLICIES($25,000,000 Total Limits.See Page 1 for Policy Information)Follow form additional insured,waiver,primary noncontributory,contractua!on Commercial General Liability,Automobile Liability and Employers Liability CONTRACTORS POLLUTION INCLUDES:(PRICE Plus Form KLD 05101,113) Insured means the Ciient but only if you are required to include the Cfsnt as an additional insured ir,a written contract in effect during the policy period and signed by you prior to the first commencement of the Pollution Condition and with respect to the Client's vicariou3 liability resulting from your Contracting Activity.Insured means all persons or organizations,other than a Client,as required by written contract executed by the Named Insured,but only for a Pollution Condition caused by your Contracting Activity and the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by Phe Named Insured prior to the commencement of the Pollution Condition.Company waives right of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients,if prior to the Pollution Claim,a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. I ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B 00 61 13 PERFORMANCE BOND BOND NO. 20195499 Contractor as Principal Surety Name: Berry Contracting,LP dba Bay Ltd. Name: Continental Casualty Company Mailing address(principal place of business): I Mailing address(principal place of business): 401 Corn Products Road 151 N. Franklin St. Corpus Christi,Texas 78409 Chicago, IL 60606 Physical address(principal place of business): Owner 1 151 N. Franklin St. Chicago, IL 60606 Name: City of Corpus Christi,Texas j Mailing address(principal place of business): Contracts and Procurement F I I Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Illinois Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract Y its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (312)822-5000 Prosect No.21064 Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2020 I Telephone(for notice of claim): (877)672-6115 i Local Agent for Surety Name: Carlisle Insurance Award Date of the Contract: June 27,2023 Address: 500 N Water St, Ste 900 j Contract Price: $5,199,500.00 I Corpus Christi, TX 78401 j j Telephone: 361-884-2775 11 Email Address: francesh@carlisleins.com__ Date of Bond: dune 30,2023 I ' The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performanc4 Bond 006113-1 Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2020 Project No.21064 6/11/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. I Contractor as Principal Berry contracting,L.P.dba Bay Ltd. Surety Continental Casualty Company Signature: �L, r Signature: '° /— Name: vy� ,�ae a eco\ Name: Stephanie Navarro Title: , � ����� Title: Attorney-in-Fact Email Address: ., \ v � — Email Address: stephanien@carlisleins.com I (Attach Power of Attorney and place surety seal below) I i I Ii f I I END OF SECTION Perfcrmance Bond 006113-2 Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2,020 Project No.21064 6/11/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY, LLC January 23,2022 Berry Operating Company, LLC, general partner of Berry Contracting, LP, dba Bay Ltd. held a special meeting this 201h day of January 2022. Robert Powers, President, presided as Chairman of the meeting and M.G. Berry served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Powers said the purpose of the meeting was to name the individuals authorized to act for and on behalf of Bay Ltd.,Highway Division in connection with matters relating to the Texas Department of Transportation and other state, municipal, federal, quasi-governmental entities and private bodies. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds, bids,offers or other arrangements and revisions, changes or modification of same as the needs of the company may require. Robert Powers President D. W. Berry Vice President M. G. Berry Vice President A. L. Berry Vice President Glen Whittington Vice President Kevin Stone Vice President Mike Hummell Vice President& General Counsel FURTHER RESOLVED that Mr. Kevin Stone and Matthew Beal are empowered to sign contracts, bonds, bids, offers, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require, hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone and Matthew Beal are specifically empowered to act for and on behalf of Bay Ltd. to sign "Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion, modification, or revocation of such authority. DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Berry Operating Company LLC Special Meeting, January 20, 2022 Page 2 Appro ed Correct: Robert Powers, President Attest: M.G. Berry, Secretary Certification I, M.G. Berry, Assistant Secretary of Berry Operating Company, LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this January 20,2022 to which witness my hand. M.G. Berry,Assistant S cretary DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B 00 61 16 PAYMENT BOND BOND NO. 30185499 Contractor as Principal Surety Name: Berry Contracting,LP dba Bay Ltd. Name: Continental Casualty Company Mailing address (principal place of business): Mailing address(principal place of business): 401 Corn Products Road 151 N. Franklin St. Corpus Christi,Texas 78409 Chicago, IL 60606 Physical address(principal place of business): Owner 151 N. Franklin St. Name: City of Corpus Christi,Texas Chicago, IL 60606 Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Illinois Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (312)822-5000 Proiect No.21064 Rodd Field Road(Yorktown Boulevard to Adler Drive) Bond 2020 Telephone(for notice of claim): (877)672-6115 I Local Agent for Surety Name: Carlisle Insurance Award Date of the Contract: June 27,2023 Address:500 N Water St, Ste 900 Contract Price: $5,199,500.00 I Corpus Christi, TX 78401 Bond Telephone:361-884-2775 Email Address: francesh@carlisleins.com Date of Bond: June 30,2023 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00611.6-1 Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2020 Project No.21064 6/11/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. V��� :: "� Contractor as Principal Surety Continental Casualty Company Signature: Signature: Name: e-c., Name: Stephanie Navarro Title: 5A \r y C. r"- Title: Attorney-in-Fact Email Address: o<L ,A, Cad XZ, Email Address: C.0M (Attach Power of Attorney and place surety seal below) L_ END OF SECTION Payment Bond Form 006116-2 Rodd Field Road(Yorktown Boulevard to Adler Drive)Bond 2020 Project No.21064 6/11/2021 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY, LLC January 23,2022 Berry Operating Company, LLC, general partner of Berry Contracting, LP, dba Bay Ltd. held a special meeting this 201h day of January 2022. Robert Powers, President, presided as Chairman of the meeting and M.G. Berry served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Powers said the purpose of the meeting was to name the individuals authorized to act for and on behalf of Bay Ltd.,Highway Division in connection with matters relating to the Texas Department of Transportation and other state, municipal, federal, quasi-governmental entities and private bodies. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds, bids,offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. Robert Powers President D. W. Berry Vice President M. G. Berry Vice President A. L. Berry Vice President Glen Whittington Vice President Kevin Stone Vice President Mike Hummell Vice President &General Counsel FURTHER RESOLVED that Mr. Kevin Stone and Matthew Beal are empowered to sign contracts, bonds, bids, offers, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require, hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone and Matthew Beal are specifically empowered to act for and on behalf of Bay Ltd, to sign "Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion, modification, or revocation of such authority. DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Berry Operating Company LLC Special Meeting,January 20, 2022 Page 2 Appro ed Correct: Robert Powers, President Attest: M.G. Berry, Secretary Certification I, M.G. Berry, Assistant Secretary of Berry Operating Company, LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this January 20,2022 to which witness my hand. M.G. Berry,Assistant S cretary DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Thomas Carlisle, Christopher Chase Carlisle, Frances N Hartung, Stephanie Navarro, Olga Garcia, Peter Matl, Individually of Corpus Christi,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of April,2022. �GAS Uq�� ►wsUgA �vpMTea Continental Casualty Company National Fire Insurance Company of Hartford CORPORAre .o0QRF0P4rro F American Ca Ity Company of Re ing,Pennsylvania 2 a JULY 71, , u SEAL c y lsoz 1897 NAR7F sky Paul T.Bruflat ce President State of South Dakota,County of Minnehaha,ss: On this 26th day of April,2022,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. • M.BENT i�NOTARY PUBLIC + SOUTN DAKOTAS L f My Commission Expires March 2,2026 M.Bent � Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford, an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 30th day of lune,2023. cASUg4 INSUR Y0 Continental Casualty Company � q"�� +�°` National Fire Insurance Company of Hartford eORPORArp ` ORPORgt�O American Casualty Company of Reading,Pennsylvania Z • A /ULY 0u SEAL ay � ! 190 r a 1897 NARK°� 6 • • __ D.Johnson Assistant Secretary Form F6853-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25°i day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to tune,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25a'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy forniat,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B Figure: 28 TAC§1.601(a)(3) 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Continental Casualty Company, Puede comunicarse con Continental Casualty National Fire Insurance Company of Hartford, Company, National Fire Insurance Company de American Casualty Company of Reading, PA and Hartford, American Casualty Company de Reading, PA Continental Insurance Company at 312-822-5000. y Continental Insurance Company al 312-822-5000. 3 You may call Continental Casualty Company, Usted puede Ilamar al numero de telefono gratis de National Fire Insurance Company of Hartford, Continental Casualty Company, National Fire American Casualty Company of Reading, PA and Insurance Company de Hartford, American Casualty Continental Insurance Company's toll-free telephone Company de Reading, PA y Continental Insurance number for information or to make a complaint at: Company's para informacion o para someter una queja al: 1-877-672-6115 1-877-672-6115 4 You may also write to Continental Casualty Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company of Company, National Fire Insurance Company de Hartford,American Casualty Company of Reading, Hartford,American Casualty Company de Reading, PA and Continental Insurance Company at: PA y Continental Insurance Company: CNA Surety CNA Surety 151 North Franklin, 17th Floor 151 North Franklin, 17th Floor Chicago, IL 60606 Chicago, IL 60606 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros Insurance to obtain information on companies, de Texas para obtener informacion acerca de coverages, rights or complaints at: companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O.Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax:(512)490-1007 Fax: (512)490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Continental Continental Casualty Company, National Fire Casualty Company, National Fire Insurance Insurance Company of Hartford,American Casualty Company de Hartford,American Casualty Company Company of Reading, PA and Continental Insurance de Reading, PA y Continental Insurance Company Company first. If the dispute is not resolved, you primero. Si no se resuelve la disputa, puede may contact the Texas Department of Insurance. entonces comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condition del documento document. adjunto. Form F8277-6-2018 DocuSign Envelope ID:C150B300-F65C-4B96-B569-60F3689A2A3B State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 30185499 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 151 North Franklin, 17th Floor Chicago, IL 60606 Telephone: 1-877-672-6115 Form F6944-6-2018