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HomeMy WebLinkAboutC2018-317 - 6/12/2018 - NA • G2018-317 6/12/18 00 52 23 AGREEMENT Bay Ltd. This Agreement is the First Renewal of the Street Preventative Maintenance urogram (Sf'Ml') Fiscal Year 2017 IDIQ Street Overlays - Proiect No. E16261 (original name and number), awarded on January 31, 2017 (original award date) by the City Council of the City of Corpus Christi, Texas ("Owner")to Berry Contracting, LP dba Bay, Ltd. ("Contractor"). Approved on June 12,2018, 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: Street Preventative Maintenance Program (SPMP) FY 2018(IDIQ)Street Overlays(Contract Renewal#1 Ref E16261) Project No. E17058 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd.,Suite 300 Corpus Christi,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Eli Pena, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. This is the First Renewal of the Original Contract (Project No. E16261). The First Contract extension will not exceed the amount of$10,800,000 for one year.The Work is required to be substantially completed within 365 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 15.06 of the General Conditions within 395 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 00 52 23-1 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 • IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 SnANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) FISCAL YEAR 2017 INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) STREET OVERLAYS PROJECT NUMBER E16261 OF TF�1�1 DENNIS L. MILLER j 51503 i2�% ,IoFs, <rCEOS IS%CNAL City of Corpus Christi ILNV engineers architects surveyors November 2016 TBPE FIRM NO. F-366 Record Drawing Number STR 932 000100 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016)(PART 1&PART 2) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Rev 01-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements(Rev 06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev01-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100- 1 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 Division/ Title Section 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications Division 02 SITEWORK 022 EARTHWORK 022040 Street Excavation 022420 Silt Fence 025 ROADWAY 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 025610 Concrete Curb &Gutter 025612 Concrete Sidewalks & Driveways 025614 Concrete Curb Ramps 028 SITE IMPROVEMENTS 028020 Seeding 028040 Sodding Division 03 CONCRETE 030 CONCRETE, GROUT 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Division 05 METALS 050 METALS 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications Item 204 Sprinkling Table of Contents 000100-2 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 Division/ Title Section Item 210 Rolling Item 216 Proof Rolling Item 247 Flexible Base Item 251 Reworking Base Courses Item 260 Lime Treatment (Road-Mixed) Item 275 Cement Treatment(Road-Mixed) Item 300 Asphalts, Oils, and Emulsions Item 310 Prime Coat Item 316 Seal Coat Item 320 Equipment for Asphalt Concrete Pavement Item 341 Dense-Graded Hot-Mix Asphalt Item 354 Planing and Texturing Pavement Item 502 Barricades, Signs, and Traffic Handling Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 662 Work Zone Pavement Markings Item 666 Retroreflectorized Pavement Markings Item 668 Prefabricated Pavement Markings Item 672 Raised Pavement Markings Item 677 Eliminating Existing Pavement Markings and Markers Item 678 Pavement Surface Preparation for Markings Item 712 Cleaning and Sealing Joints and Cracks (Asphalt Concrete) END OF SECTION Table of Contents 000100-3 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity(IDIQ) Street Overlays City Protect No. E16261 A. This project is part of the Citywide Street Preventative Maintenance Program Fiscal Year 2017 program that provides for the implementation of the citywide SPMP, consisting of hot-mix asphalt overlays and seal coats for selected arterial, collector and local (residential) streets. THIS CONTRACT IS FOR STREET OVERLAYS ONLY. Up to five(5)delivery orders will be issued for each of two (2) designated areas. Two Base Bid Schedules, included in this single bid invitation, are for two (2) designated areas within the city limits as follows: Base Bid Part 1 (West) and Base Bid Part 2 (East). This project is an IDIQ construction contract to perform street overlay improvements throughout the City, including minor utility manhole ring & cover and valve cover adjustments. The Work will be issued in individual work orders called "Delivery Orders" that provide specific scope and requirements. The City intends to award this contract for an initial one-year/12-month period, with the option to administratively renew for two (2) additional one-year/12-month periods. The City's Department of Engineering Services will determine whether to exercise an option to renew based on the Contractor's successful performance of the work on all Delivery Orders,the recommendation of the City's Design Engineer,Construction Management&Inspection Team,approval by the City's Director of Engineering Services, and the concurrence of the Contractor. The contract allows for a City-approved economic adjustment to apply to a renewal period if, based upon published cost-of-construction indices acceptable to the City. B. This single bid provides two base bids with work across two (2) areas of the City— Base Bid Part 1(West) and Base Bid Part 2 (East). The City intends to award Base Bid Part 1 (West),to the lowest responsible bidder and award the Base Bid Part 2 (East)to the lowest responsible bidder. If the same bidder submits the lowest bid from multiple parts, the bidder must demonstrate sufficient capacity and resources to perform all parts simultaneously in accordance with the Contract Documents. This includes sufficient crews and equipment for each Part to be considered for award. The City will determine satisfactory capacity, and if, the award of multiple parts to one contractor is in the best interest of the City. If the contractor only qualifies for one part, the award of the lowest of the multiple bid will be awarded, and the other parts awarded to the next lowest bidder. Invitation to Bid and Instructions to Bidders 002113- 1 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$10,000,000.00 ($5,000,000.00 x 2 Base Bids). The Project is to be substantially complete and ready for operation within 365 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday, December 7, 2016 at 2:00 P.M.to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid— Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity(IDIQ) Street Overlays Project No. E16261 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at Wednesday, December 7,2016 at 2:00 P.M., at the following location: City Hall Building— City of Corpus Christi Invitation to Bid and Instructions to Bidders 002113-2 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Wednesday, November 30, 2016 at 10:30 A.M. at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. Invitation to Bid and Instructions to Bidders 002113-3 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents,Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents,Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. Invitation to Bid and Instructions to Bidders 002113-4 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. Invitation to Bid and Instructions to Bidders 002113-5 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. Invitation to Bid and Instructions to Bidders 002113-6 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Invitation to Bid and Instructions to Bidders 002113-7 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Invitation to Bid and Instructions to Bidders 002113-8 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. Invitation to Bid and Instructions to Bidders 002113-9 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 K. Failure of Bidder to demonstrate, through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ® Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk (All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required Ig Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ® Not Required Insurance Requirements 00 72 01- 1 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance Insurance Requirements 00 72 01-2 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; Insurance Requirements 00 72 01-3 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. Insurance Requirements 00 72 01-4 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and Insurance Requirements 00 72 01-5 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 other earth movement;flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01-6 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. Insurance Requirements 00 72 01-7 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- Insurance Requirements 00 72 01-8 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. Insurance Requirements 00 72 01-9 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Insurance Requirements 00 72 01- 10 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 11 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 06-22-2016 IDIQ-Street Overlays Project No. E16261 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Berry Contracting,LP dba Bay Ltd. (type or print name of company) on:Wednesday.December 7,2016 at 2:00 P.M.for Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity(IDIQ)Street Overlays, Project No.E16261 1.01 Submit Bids, Bid Security and all attachments to the Bid(See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check,please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Street Preventative Maintenance Program(SPMP)Fiscal Year 2017 Indefinite Delivery Indefinite Quantity(IDIQ) Street Overlays Project No.E16261 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Bid Acknowledgement Form 00 30 00-1 Street Preventative Maintenance Program(SPMP)Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No.E16261 Addendum No. Addendum Date Signature Acknowledging Receipt 1 11/29/2016 2 12/01/2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder 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. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques,sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests,studies, or data are Bid Acknowledgement Form 003000-2 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 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. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, 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. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. Bid Acknowledgement Form 003000-3 Street Preventative Maintenance Program(SPMP)Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No.E16261 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 365 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 395 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. Bid Acknowledgement Form 003000-4 Street Preventative Maintenance Program(SPMP)Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No.E16261 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Street Preventative Maintenance Program(SPMP)Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No.E16261 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Berry Contracting,LP dba Bay Ltd. (typed or printed full legal name of Bidder) By- (individual's sign ure) Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed or printed) Attest: : (individual's signature) State of Residency: Texas Federal Tax Id. No. 74-2982901 Address for giving notices: Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Phone: (361) 693-2100 (main#) Email: lentzj@bayltd.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, orjoint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Rev 01-13-2016 IDIQ-Street Overlays Project No. E16261 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of a Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Berry Contracting,LP dba Bay Ltd. (typed or printed) By: S ( oture--attach evidence uthority sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 1414 Valero Way Corpus Christi,TX 78404 Phone: (361) 693-2100 (main#) Email: lentzj@bayltd.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 11-25-2013 1DIQ-Street Overlays Project No. E16261 SPECIAL.MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC January S,2002 Be"Operating Company,LLC,general partner of Berry Contracting,LP dba Bay Ltd.held a special meeting this a day of January 2002. Edward A.Martin, President,presided as Chairman and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr.Martin said that with the resignation of Howard Kovar,D.W.Berry had been named interim Division Manager for the Highway Division. He further said that the purpose of this meeting was and 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. K.J.Luhan President D. W.Berry Vice President M. G.Berry Vice President A.L.Berry Vice President Edward A.Martin Vice President D.E.Spangler Vice President FURTHER RESOLVED that in the event D.W.Berry is unavailable,Mr. Jon Lentz is empowered to sign contracts,bonds,bids,offers or arrangements and revisions,changes or modifications of same as the needs of the Highway Division of Bay Ltd.may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Jon Lentz,Estimating Manager and James Wright,Administrative Manager 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-Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the kmwledge that such parties sill rely upon same until actual receipt of written notice of change,deletion,modification,or revocation of such authority. Approved Correct: Edward A. actin,President do CEO Attest: DonEtta Beaty,Secret Certification of Secretary I,DonEtta Beaty, 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 the 8s`day of January 2002,to which witness my hand A"4e4*j� DonEtta Beaty, Secretarf 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY rrY— PURCHASING DIVISION CITY OF CORPUS CISTI CCity us HRDISCLOSURE OF INTEREST ahn ti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Berry Contracting,LP dba Bay Ltd. P.O.BOX: 9908 STREET ADDRESS: 1414 Valero Way CITY: Corpus Christi ZIP; 78409- FIRM IS: 1. Corporation 8 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other If additional space is necessaryDISCLOSURE QUESTIONS ,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm" Name NIA Job Title and City Department(if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name NSA Title 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm" Name NSA Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name NI A Consultant City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jon Lentz Title: Estimating Manager Cryx or Prim) Signature of Certifying _ s \ Date: Z_ —1 Person: Mg �. DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity(IDIQ) Street Overlays Project No. E16261 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Berry Contracting, LP dba Bay Ltd. (typed or printed) By: ��(sfg�lur�- .,r-.ottoch evide of outho 'y to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 1414 Valero Way Corpus Christi,TX 78404 Phone: (361) 693-2100 (main#) Email: lentzj@bayltd.com END OF SECTION Non-Collusion Certification 003006-1 Street Preventative Maintenance Program(SPMP) Fiscal Year 2017 11-2;-2013 IDIQ-Street Overlays Project No. E16261 i SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC January 8,2002 Berry Operating Company,LLC,general partner of Bevy Contracting,LP dba Bay Ltd.held a special meeting this 8' day of January 2002. Edward A:Martin, President,presided as Chairman and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and Purpose of meeting. Mr.Martin said that with the.resignation of Howard Kovar,D.W.Bevy had been named interim Division Manager for the Highway Division. He further said that.the purpose of this meeting was and 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,}rids,offers or other annngements and revisions,changes or modification of same as the needs of the companymay require. K J.Luhan President D.W..Berry Vice President M G Berry Vice President A.L.Beny Vice President Edward A.Martin Vice President D.B.Spangler Vice President .FURTHER RESOLVED that in the event D.W.Berry is unavailable,Mr. Jon Lentz is empowered to sign contracts,bonds,bids,offers or arrangements and revisions,changes or modifications of same as the needs of the Highway Division of Bay Ltd.may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Jon Lentz,Estimating Manager and James Wright,Administrative Manager.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.Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties sill rely upon same until actual receipt of written notice of change, deletion,modification,or revocation of such authority. Approved Correct: Edward A.Martin,President&CEO Attest•. 444n�00 DonEtta Beaty,Secret 6/ Certification of Secretary I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers ofBerry 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 the 8s`day of January 2002,to which witness my hand D Etta Beaty, Secre E 00 30 01 BID FORM Project Citywide Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity Mame. (jDIQ)Street Overlays Project E16261 Number: Owner: City of Corpus Christi Bidder: L OAR: TBD Designer: JLNV, Inc. Basis of Bid ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid Part 1 (West) PART A-GENERAL IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 �. g ,pd ZS p OD. 0 Traffic Control and SWPPP, Residential Streets, set-up, maintenance and A2 removal EA 18 000. 00 Mo ODo.Q Traffic Control and SWPPP, Collector Streets; set-up; maintenance and A3 removal EA 6 `f 00•❑O 3$ Do. 0 0 Traffic Control and SWPPP, Arterial Streets; set-up, maintenance and ' A4 removal EA 3 (} (0 0. p O '3 O 3-0.op A5 Ozone Days Day 2 y 2 o. 00 .2..,cf 0, p A6 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness LF 150 (W)(8")(Solid) 4 .f 0 L 5.s. o Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A7 (W)(4")(Solid) LF 100 O 15S 55. 00 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A8 (W)(4")(Broken) LF 5,200 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A9 LF 10,9fl0 S;5 SC's 9 5. c�4 (Y)(4")(Solid) Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A10 (Y)(4")(Broken) LF 100 0 5 S' 19-S. 0 0 Raised Pavement Markers (Reflectorized), Type IC, IIAA, or IIC-R, as All applicable EA 450 3 .'7o 4 to_5.00 Speed Humps, Marked with Thermoplastic, Type C, with no Preheating or Al2 Asphalt Required,125 Mill EA 2 3c(p 0. 90 (t, 0 0. DO A13 Pavement Markings(White 24""Stop Bar"Markings) LF 325 14.15 4,19 3.-7-5 A14 Pavement Markings(Crosswalk Markings),(total width of crosswalk) LF 550 3,og Z'3 ( S0-C3 A15 Pavement Markings White"ONLY" EA 3 10.0 0 4 0,0 0 A16 Pavement Markings White Turn Arrow Markings(Right,Left,Straight) EA 3 30.O p l`o 0. 00 A17 Curb Painting(Yellow No-Parking Zone) LF 100 , &r, S,b A18 Curb Painting(Red Fire Zone) LF 100 I.O .0 0 Computerized Profilograp Services to include street surface evaluations A19 with calibrated vehicle and equipment and approved reports. HR 30 (+5.00 1 1.50,00 A20 Landscape Improvements, including 4" clean top soil, sod, excavation, SY 10 backfill,compaction,with established growth. 11�O� 00 Op• 00 A21 Door Hangers,delivered to the business and residences(two each) LS 1 Dn VZJ,Ott.00 Type 1 Self-Supported Temporary Sediment Control Fence, maintained and A22 removed LF 50 L O o -7 S 0,0 D A23 Temporary Erosion Control Log,maintained and removed EA 150 0 C,0 C>oo,O A24 Street Sweeping,per curb mile MILE 10ZpOQ,O o s]o. On A25 Irrigation System Allowance LS 1 $ 2,500.00 $ 2,500.00 A26 Allowance for Unanticipated General Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL IMPROVEMENTS(ITEMS Al THRU A26) 2.?O�,?S ADDENDUM NO. 1 ATTACHMENT NO. 1 Page 1 of 5 Bid Form-Base Bid Part 1-West Page 1 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PART B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Subgrade Repair Up to 2" Depth (Cold/Hot) HMAC Complete in place with SY/IN 100 excavation/removal placement,compaction,etc. S g, 00 S D O,Do Subgrade Repair Up to 4-6"Depth(Cement Stabilization)Complete in place 82 with excavation/removal placement,compaction,etc. SY/IN 100 q ®0 ( O 0 D Cement Stabilized Base with 4%Cement existing Limestone Base 3-6 inches. B3 Complete in Place with all grading,mixing,compaction,etc. SY 3,D00 ) 00 3 4 OOp. 00 B4 TX5-475 Triaxial Geogrid, Complete in place with material and proper SY/IN 14,300 placement. • 00 G 2_Op,Op B5 HMAC Saw Cutting 2"Depth,Complete in place LF 5,000 ,4{-� I7p 136 HMAC Saw Cutting Additional 1"Depth,Complete in place LF 2,500 .'7$ 3 7S .p o B7 Base Repair, Upper 2" Depth (Limestone), excavation/removal, placement, SY/IN 12,000 compaction,etc. 14. 0 OD � �1000.00 B8 Base Repair, Additional 1" Depth (Limestone), excavation/removal, SY/IN 55,000 placement,compaction,etc. 1.40 127 Patching/Small Area Surface Restoration - HMAC, Type "D" per Square B9 Yard/Inch, small equipment placement, removal of existing, placement of SY/IN 3,800 new,compaction,curing,hauling,etc. � X.00 B10 Crack Seal with all surface preparation and application LF 100 1 $.S 0 1311 HMAC-Type"D"Level-Up Course(3"Depth Maximum) Ton 200 !3 0. op Q D o.O Planing(Milling)(1"to 1-1/4")Complete in place with all preparation milling 612 SY/IN 98,850 -, operations,hauling,etc. 0 .� � p Dc. B13 Planing(Milling)Additional(1")Complete in place with all preparation SY/IN 13,800 milling operations,hauling,etc. • �� 1-7 ZS Q, B14 Proof Rolling with equipment,operator,etc. Hour 100 i7 op �0D. O0 Surface Treatment-HMAC,Type"D"per square yard/inch(one to five miles 815 haul distance from an approved site within city limits)complete in place with SY/IN 100,000 Tack Coat(SS-11H).Placement,compaction,curing,hauling,etc. 4 (� o 4 � � (JOD,op Surface Treatment-HMAC,Type"D"per square yard/inch(over five miles B16 haul distance from an approved site within city limits)complete in place with SY/IN 130,000 Tack Coat(SS-11-1).Placement,compaction,curing,hauling,etc. 0 $ O 00. L? J F617 Allowance for Unanticipated Street Improvements LS 1 $ 10,000.00 $ 10,000.00 BTOTAL PART B-STREET IMPROVEMENTS (ITEMS B1 THRU B17) 4{-S'O 3( p, 0 ADDENDUM NO. 1 ATTACHMENT NO.1 Page 2 of 5 Bid Form-Base Bid Part 1-West Page 2 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PART C-CONCRETE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Removal and Replacement of Multiple Small Segments of Concrete Curb& C1 Gutter, demo, disposal, forms, rebar, concrete, compaction, curing, finish, LF 3200 etc. 7 L7 R 2-Sl $ 0 Removal and Replacement of 6"Concrete Driveway Approaches,with demo, C2 5F 12000 disposal,forms,rebar,concrete,compaction,curing,finish,etc. Replacement of "Washed" 6" Concrete Driveway Approaches, demo, C3 disposal,forms,rebar,concrete,compaction,curing,finish,etc. SF 200 l, a o y Z 00,O C4 Replacement of Driveway Approaches with High Early Strength concrete, SF 200 rr demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. `-Y 3, O o g Q o ¢p C5 Temporary Driveway Access;set-up,maintenance and removal EA 5 L{S o.O o 7 2 5 O.O C6 Removal of and Replacement of 4"Concrete Sidewalk&Bike Paths,with all SF 1500 demo hauling,disposal,etc. 12., D P Z✓ 00 0. o New 4" Concrete sidewalk & Bike Paths, with all demo, hauling, disposal, C7 forms,rebar,concrete,compaction,curing,finish etc. SF 100 Z 1, DD L j D o, o C8 Concrete Saw Cutting 4"Depth LF 2500 p t o C9 Concrete Saw Cutting additional 1"Depth SF 100 I,2 1 ZS, C10 Removal of and Replacement of Concrete Valley Gutter, with all demo, SF 100 hauling,disosal,etc. a•DD 400 o_ 9D C11 Allowance for Unanticipated Concrete Improvements LS 1 $ 2,500.00 $ 2,500.00 SUBTOTAL PART C-CONCRETE IMPROVEMENTS (ITEMS C1 THRU C11) q s ..D ADDENDUM NO. 1 ATTACHMENT NO.1 Page 3 of 5 Bits Form-Base Bid Part 1-West Page 3 of 5 Citywide Street Preventative Maintenance Program(SPM P)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PART D-MINOR UTILITY IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel D1 inflow Inhibitor and with Concrete Collar,with demo,disposal,forms,rebar, EA 35 concrete,curing,compaction,finish,etc. D'IJn S d� flo Stormwater Manhole Ring & Cover Adjustment, Including New Manhole D2 Ring and Cover Assembly with New Concrete Collar, with demo, disposal, EA 31 o° forms,rebar,concrete,curing,compaction,finish,etc. Water Valve Cover Adjustment with Concrete Collar, with demo, disposal, D3 forms,rebar,concrete,compaction,finish,etc. EA 28 `�$o, Oct 01 D C-3 D4 Gas Valve Cover Adjustment, with demo, disposal, forms, rebar, concrete EA 29 curing,compaction,finish,etc. 0.�0 0, Replacement of Concrete Collars with High Early Strength Concrete (in D5 addition to unit price)with activity D1,D2,D3&D4 above EA 10 ,e ,4 p (� ,0 9 D6 Allowance for Unanticipated Wastewater, Water and Stormwater LS 1 Im rovements $ 2,500.00 $ 2,500.00 SUBTOTAL PART D-MINOR UTILITY IMPROVEMENTS(ITEMS D1 THRU D6) 1 321, O o ADDENDUM NO.1 ATTACHMENT NO. 1 Page 4 of 5 Bid Form-Base Bid Part 1-West Page 4 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATEDUNIT PRICE EXTENDED AMOUNT QUANTITY PART E-ADA IMPROVEMENTS(Ramps/Approaches, etc)(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) El Remove and replacement of concrete curb&gutter returns adjacent to ADA LF 1850 _ Rams (o 7 .Oce 129 900. oo Removal and replacement of 4"Concrete sidewalk approaches to ramps E2 (rampsonl SF 16270 [� g p 23 -7 E3 New ADA TDLR Compliant Concrete Curb Ramp and Landings SF 3510 3 k p I E4 Remove and replace ADA Curb Ramps and Landings SF 10000 4 , 3 O d t(2 Q C,0.00 E5 New 4' Wide Concrete Header Curb 0 to 6 high for offset elevation LF 1500 changes 4 p• o (D n ORO, o0 E6 Allowance for unanticipated ADA Improvements L5 1 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART E-ADA IMPROVEMENTS ACTIVITIES{RAMPS/APPROACHES, ETC.(ITEMS E1 THRU E(5) 049 �c `k D BID SUMMARY SUBTOTAL PART A-GENERAL IMPROVEMENTS(ITEMS Al THRU A26) �-7 SUBTOTAL PART B-STREET IMPROVEMENTS(ITEMS Bl THRU B17) Z 0 3 1 D. Po SUBTOTAL PART C-CONCRETE IMPROVEMENTS(ITEMS C1 THRU C11) 5"I 425 OD SUBTOTAL PART D-MINOR UTILITY IMPROVEMENTS(ITEMS D1 THRU D6) 5N 3 Z1• Do SUBTOTAL PART E-ADA IMPROVEMENT ACTIVITIES(RAMPS/APPROACHES, ETC.)(ITEMS El THRU E6) ( C) 41 (ct k, 00 TOTAL PROJECT BASE BID PART 1(WEST) (PARTS A THRU E) t.{ -7 SSS. -I $ Contract Times Bidder agrees to reach Substantial Completion in 365 days Bidder agrees to reach Final Completion in 395 days ADDENDUM NO.1 AT'T'ACHMENT NO.1 Page 5 of 5 Bid Form-Base Bid Part 1-West Page 5 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM Project Citywide Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity Name: (IDIQ)Street Overlays Project E16261 Number: Owner: City of Corpus Christi Bidder: T5 A L-7 t2 OAR: TBD Designer: LNV, Inc. Basis of Bid ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid Part 2 (East) PART A-GENERAL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 x.3-0 D 00. 2--2-0,000.00 Traffic Control and SWPPP, Residential Streets, set-up, maintenance and A2 removal EA 18 Z,aoo,130 3 o A3 Traffic Control and SWPPP, Collector Streets; set-up; maintenance and EA 6 tr removal b2 oo." 37 2,po.oo Traffic Control and SWPPP, Arterial Streets; set-up, maintenance and A4 removal EA 3 `L $OU,00 Z,QU,Do. OD A5 Ozone Days Day 2 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A6 (W)(g"")(Solid) LF 150 I , C)S 5 -7. 5 0 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness A7 (W)(4")(Solid) LF 100 p SS'. 0 0 A8 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness LF 5,200 (W)(4")(Broken) C) .5 S 2—2 "oo A9 Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness LF 10,900 (Y)(4")(Solid) ® . S6 cJ 11 g S, D p Pavement Marking, Reflectorized Thermoplastic, Type 1, 90 Mill Thickness' A10 LF 100 (Y)(4"")(Broken) �. S SS. 00 Raised Pavement Markers (Reflectorized), Type IC, IIAA, or IEC-R, as A11 EA 450 applicable Speed Humps, Marked with Thermoplastic, Type C, with no Preheating or Al2 Asphalt Required,125 Mill EA 2 lk r D o.O o 99 p, 0.0 A13 Pavement Markings(White 24""Stop Bar"Markings) LF 325 C{(.3 f, 'ZS A14 Pavement Markings(Crosswalk Markings),(total width of crosswalk) LF 550 41, 00 Z3 to o.0 0 A15 Pavement Markings White"ONLY" EA 3 3 0 0,ao To o. 00 A16 Pavement Markings White Turn Arrow Markings(Right,Left,Straight) EA 3 :,x o, O o C io o.O o A17 Curb Painting(Yellow No-Parking Zone) LF 100 O D,q A18 Curb Painting(Red Fire Zone) LF 100 i, a co 0 0,o Computerize Profilograph Services to include street surface evaluations A19 with calibrated vehicle and equipment and a roved reports. HR 30 S,Do 1 3 S D. 00 A20 Landscape Improvements, including 4" clean top soil, sod, excavation, SY 10 backfill,compaction,with established growth. 0. 00 0 . a O A21 Door Hangers,delivered to the business and residences(two each) LS 1 o, ( p_o.A o Type 1 Self-Supported Temporary Sediment Control Fence, maintained and A22 removed LF 50 l 7 o o A23 Temporary Erosion Control Log,maintained and removed EA 150 Do 2.7 0 Do. 0o A24 Street Sweeping,per curb mile MILE 10 kq r'o- op 19 000,00 A25 Irrigation System Allowance LS 1 $ 2,500.00 $ 2,500.00 A26 Allowance for Unanticipated General Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL IMPROVEMENTS(ITEMS Al THRU A26) i.{ 3 L4 ,Is ADDENDUM NO. 1 ATTACHMENT NO.2 Page 1 of S Bid Form-Base Bid Part 2-East Page 1 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No,E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNITPRICE EXTENDED AMOUNT QUANTITY PART B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 5ubgrade Repair Up to 2" Depth (Cold/Hot) HMAC Complete in place with SY/IN 100 excavation/removal placement,compaction,etc. j(o �o �(� pp O 132 Subgrade Repair Up to 4-6"Depth(Cement Stabilization)Complete in place SY/IN 100 with excavation/removal placement,compaction,etc. 1 3 5, 0 0 t S o 0,0 0 B3 Cement Stabilized Base with 4%Cement existing Limestone Base 3-6 inches. SY 3,000 Complete in Place with all grading,mixing,compaction,etc. TX5-475 Triaxial Geogrid, Complete in place with material and proper B4 placement. 5Y/IN 14,300 Ofl S7 ZOO. Do 135 HMAC Saw Cutting 2"Depth,Complete in place LF 5,000 1-� 9 t oo,AO B6 HMAC Saw Cutting Additional 1"Depth,Complete in place LF 2,500 1-lo 42S 0.O o Base Repair, Upper 2" Depth (Limestone), excavation/removal, placement, B7 compaction,etc. SY/1 N 12,000 1"3's O { to Z 0 D 0•o B8 Base Repair, Additional 1" Depth (Limestone), excavation/removal, SY/iN 55,000 placement,compaction,etc. ai( OD,t3 Patching/Small Area Surface Restoration - HMAC, Type "D" per Square B9 Yard/inch, small equipment placement, removal of existing, placement of SY/IN 3,800 new,compaction,curing,hauling,etc. P. So 1 so 00. O0 810 Crack Seal with all surface preparation and application LF 100 2,0, OQ 2. pn, p o 1311 HMAC-Type"D"Level-Up Course(3"Depth Maximum) Ton 200 l3 ,c o 2-1 000. 00 Planing(Milling)(1"to 1-1/4")Complete in place with all preparation milling 812 operations,hauling,etc. SY/IN 98,850 0 p �� SJo,00 Planing(Milling)Additional(1")Complete in place with all preparation 813 milling operations,hauling,etc. 5Y/IN 13,800 ( •�' 0 ( p.d70 B14 Proof Rolling with equipment,operator,etc. Hour 100 1 O.00 11 oo. 00 Surface Treatment-HMAC,Type"D"per square yard/inch(one to five miles B15 haul distance from an approved site within city limits)complete in place with SY/I N 100,000 Tack Coat(55-1H}.Placement,compaction,curing,hauling,etc. (� �O 600000. 00 Surface Treatment-HMAC,Type"D"per square yard/inch(over five miles B16 haul distance from an approved site within city limits)complete in place with SY/IN 130,000 Tack Coat(SS-1H).Placement,compaction,curing,hauling,etc. -. j 500,D o B17 Allowance for Unanticipated Street Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS (ITEMS Bl THRU B17) t-.(.S 4 q I D. ADDENDUM NO. 1 ATTACHMENT NO.2 Page 2 of 5 Bid Form-Base Bid Part 2-East Page 2 0f 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.L16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PART C-CONCRETE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Removal and Replacement of Multiple Small Segments of Concrete Curb & C1 Gutter, demo, disposal, forms, rebar, concrete, compaction, curing, finish, LF 3200 '?c� etc. I I, o p, 4,oo Removal and Replacement of 6"Concrete Driveway Approaches,with demo, CZ disposal,forms,rebar,concrete,compaction,curing,finish,etc. 5F 12000 Z o,3 b _.2.43,&00.0, C3 Replacement of "Washed" 6" Concrete Driveway Approaches, demo, SF 200 rr disposal,forms,rebar,concrete,compaction,curing,finish,etc. to 2 pp,00 C4 Replacement of Driveway Approaches with High Early Strength concrete, 5F 200 demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. L- 2-• C)o Do, op C5 Temporary Driveway Access;set-up,maintenance and removal EA 5 14 po-, o -7 0 p p oo Removal of and Replacement of 4"Concrete Sidewalk&Bike Paths,with all C6 demo,hauling,disposal,etc. SF 1500 Z 3 . oo SO0.�D New 4" Concrete sidewalk & Bike Paths, with all demo, hauling, disposal, C7 forms,rebar,concrete,compaction,curing,finish etc. SF 100 2 -�, 00 2 3 o o,goo C8 Concrete Saw Cutting 4"Depth LF 2500 5,4,0 I ©o a C9 Concrete Saw Cutting additional 1"Depth Si 100 1 •3'D 1-30- 00 Removal of and Replacement of Concrete Valley Gutter, with all demo, C10 hauling,disposal,etc. Sf 100 0-oo i� O po,0 4 C11 Allowance for Unanticipated Concrete Improvements LS 1 $ 2,500.00 $ 2,500.00 SUBTOTAL PART C-CONCRETE IMPROVEMENTS(ITEMS C1 THRU C11) 56k p 0 ADDENDUM NO.1 ATTACHMENT N0,2 Page 3 of 5 Bid Form-Base Bid Part 2-East Page 3 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PART D-MINOR UTILITY IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, Including New Manhole Ring &Cover Assembly with New Height Adjustment Rings,Stainless Steel 1 Inflow Inhibitor and with Concrete Collar,with demo,disposal,forms,rebar, EA 35 !! OO, Do fl fl Do concrete,curing,compaction,finish,etc. 'k Stormwater Manhole Ring & Cover Adjustment, Including New Manhole D2 Ring and Cover Assembly with New Concrete Collar, with demo, disposal, EA 31 [,- forms,rebar,concrete,curing,compaction,finish,etc. a 0'a'a W Oi o. 0 D Water Valve Cover Adjustment with Concrete Collar,with demo, disposal, D3 forms,rebar,concrete,compaction,finish,etc. EA 2$ S�go. 00 .2 Do.00 Gas Valve Cover Adjustment, with demo, disposal, forms, rebar, concrete 04 curing,compaction,finish,etc. EA 29 5-o. 00 Z 550-Do D5 Replacement of Concrete Collars with High Early Strength Concrete (in. EA 10 addition to unit price)with activity Dl,D2,D3&D4 above o7 ,0- 00 Allowance for Unanticipated Wastewater, Water and Stormwater D6 Improvements LS 1 2„500.00 $ 2,500.00 SUBTOTAL PART D-MINOR UTILITY IMPROVEMENTS(ITEMS D1 THRU D6) 111 QZ 0, Oo ADDENDUM NO.1 ATTACHMENT NO.2 Page 4 of 5 Bid Form-Base Bid Parte-East Page 4 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 00 30 01 BID FORM ITEM DESCRIPTION UNIT ESTIMATED I UNIT PRICE I EXTENDED AMOUNT QUANTITY PART E-ADA IMPROVEMENTS(Ramps/Approaches, etc)(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) El Remove and replacement of concrete curb&gutter returns adjacent to ADA LF 1850 / Rams 67, 00 450.0 Removal and replacement of 4"Concrete sidewalk approaches to ramps E2 (rampsonl SF 16270 19. 00 OR 0,Do E3 New ADA TDLR Compliant Concrete Curb Ramp and Landings SF 3510 3 I,. 0 i 00 E4 Remove and replace ADA Curb Ramps and Landings SF 10000 1 4'j._,� o q_Z0 DO,oo New 4" Wide Concrete Header Curb ID to 6" high) tiro set elevation E5 chars es LF 1500 4 9,oo 13.n 0, OC) E6 Allowance for unanticipated ADA Improvements LS 1 $ 5,000.00 $ S,000.00 SUBTOTAL PART E-ADA IMPROVEMENTS(RAMPS/APPROACHES,ETC.(ITEMS E1 THRU E6) RID SUMMARY SUBTOTAL PART A-GENERAL IMPROVEMENTS(ITEMS Al THRU A26) `1 SUBTOTAL PART B-STREET IMPROVEMENTS(ITEMS Bl THRU B17) Za k p t0 SUBTOTAL PART C-CONCRETE IMPROVEMENTS(ITEMS Cl THRU C11) $ go SUBTOTAL PART D-MINOR UTILITY IMPROVEMENTS(ITEMS D1 THRU D6) 02.o. 0 o SUBTOTAL PART E-ADA IMPROVEMENTS(RAMPS/APPROACHLS, ETC.)(ITEMS El THRU E6) 1 p 2- 9 O 0 TOTAL PROJECT BASE BID PART 2(EAST)(PARTS A THRU E) L (�, pfQ -7$ Contract Times Bidder agrees to reach Substantial Completion in 365 days Bidder agrees to reach Final Completion in 395 days ADDENDUM NO.1 ATTACHMENT NO.2 Page 5 of 5 Bid Form-Base Bid Part 2-East Page 5 of 5 Citywide Street Preventative Maintenance Program(SPMP)IDIQ Street Overlays City Project No.E16261 Rev 10-28-2016 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we BERRY CONTRACTING,LP DBA BAY LTD. as Principal, hereinafter called the Principal, and CONTINENTAL CASUALTY COMPANY a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars($5% G.A.B. ). for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) FISCAL YEAR 2017 INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) STREET OVERLAYS PROJECT NO. E16261 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seal d this ' 7TH day of DECEMBER 2016 r BERRY CONTRACTING, LP DBA BAY LTD. (Principal) (Seal) (Witness) (Title) CONTINENTAL CASUALTY COMPANY (Surety) (Seal) (Witness) By: - (Title) MARY VN MOORE, ATTY IN FACT Printed in cooperation withthe American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A 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 Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attorneys)-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 21 st day of March,2016. GnstW4� twsva , o, Continental Casualty Company National Fire Insurance Company of Hartford 09 w4he, American Casualty Company of Reading,Pennsylvania JULY 31. 00011- 000' SEAL Y7,;, 1897 H • ' Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 21 st day of March,2016,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. J.Mo R (a NOMYFUMM(a 80MCARM My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Bult,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 7TH day of DECMIBER 2016 . PycASwqr OWN Continental Casualty Company National Fire Insurance Company of Hartford 7rn V99MAmerican Casualty Company of Reading,Pennsylvania SEAL Joisd ,897 f D.Bult Assistant Secretary Form F6853-412012 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'h 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 Officershallbe 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 25`h 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"l to execute various policies,bonds,undertakings and other obligatory instruments of bice 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'h 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'j;Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." LNV engineers � architects 4 surveyors June 7, 2018 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78401 RE: Street Preventative Maintenance Program (SPMP) FY-2018 City Project No. E17058 Contractor Renewal (Bay Ltd.)-Overlays Dear Mr. Edmonds, As per the City's request, please allow this to serve as our letter of recommendation for renewing the City's contract with Bay Ltd. on the above referenced project. Please find attached letter from Bay, Ltd. requesting renewal and holding unit prices for SPMP FY2018. If you have any questions or need any additional information, please feel free to contact me via phone at 361-883-1984 or email me at DMiller@LNVinc.com. Regards, LNV, Inc. TBPE Firm No. F-366 Dennis L. Miller, P.E., CFM Senior Project Manager Attachment: Letter from Bay Ltd. dated June 6, 2018 801 NAVIGATION BLVD. I SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 P: 361-883-1984 1 F:361-883-1986 1 WWW.LNVINC.COM P.O.Box 9908(78469) 1414 Valero Way mBAY,Ltd. ® aas Corpus Christi,Texas 78409 (361)693-2100 A BERRY Company www.bayltd.com June 6,2018 Norman Ramirez,P.E. LNV Engineering 801 Navigation Blvd., Suite 300 Corpus Christi, TX 78408 Re: Project No, E16261 Owner: City of Corpus Christi, TX Location: Street Preventative Maintenance Program(SPMP) FY 2017 ID/IQ Street Overlays Bay Job#: 51-0654 Dear Norman, After consideration of the renewal of Year 2 of the SPMP-FY 2018 project we will hold our initial prices firm for the year. Thank you and should you have any questions, please contact me. Sincerely, Jon Lentz Estimating Manager (361)299-3721 1 entzj�?ic,bayltd.com JL/bl S:Highway/51-0654/LetterMenewal Yr.2 Safety i Quality■ Productivity The Winning Combination P.O.Box 9908(78469) 1414 Valero Way mBAY,Ltd. ® aas Corpus Christi,Texas 78409 (361)693-2100 A BERRY Company www.bayltd.com June 6,2018 Norman Ramirez,P.E. LNV Engineering 801 Navigation Blvd., Suite 300 Corpus Christi, TX 78408 Re: Project No, E16261 Owner: City of Corpus Christi, TX Location: Street Preventative Maintenance Program(SPMP) FY 2017 ID/IQ Street Overlays Bay Job#: 51-0654 Dear Norman, After consideration of the renewal of Year 2 of the SPMP-FY 2018 project we will hold our initial prices firm for the year. Thank you and should you have any questions, please contact me. Sincerely, Jon Lentz Estimating Manager (361)299-3721 1 entzj�?ic,bayltd.com JL/bl S:Highway/51-0654/LetterMenewal Yr.2 Safety i Quality■ Productivity The Winning Combination 00 52 23 AGREEMENT This Agreement is the First Renewal of the Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 IDIQ Street Overlays - Project No. E16261 (original name and number), awarded on January 31, 2017 (original award date) by the City Council of the City of Corpus Christi, Texas ("Owner") to Berry Contracting, LP dba Bay, Ltd. ("Contractor"). Approved on June 12, 2018, 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: Street Preventative Maintenance Program (SPMP) FY 2018 (IDIQ)Street Overlays (Contract Renewal#1 Ref E16261) Project No. E17058 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd., Suite 300 Corpus Christi,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Eli Pena, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. This is the First Renewal of the Original Contract (Project No. E16261). The First Contract extension will not exceed the amount of$10,800,000 for one year. The Work is required to be substantially completed within 365 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 15.06 of the General Conditions within 395 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 00 52 23- 1 Street Preventative Maintenance Program (SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 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$500.00 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$500.00 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 15.06 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 13.03 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. Contract Amount Not To Exceed $ 10,800,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 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 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. 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 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 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 15.06 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. 6.02 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. Agreement 005223-3 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 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; 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. Agreement 005223-4 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 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. 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 13.01 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. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 ATTEST CITY OF CORPUS CHRISTI azoao,a vo,00 Dlgltays'gnedey�effEdmondsRebecca Huerta Jeff Edmonds -05'00 'ae: . . : : Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: N/A AUTHORIZED BY COUNCIL N/A 2018.06.29 14:11:20-05'00' Assistant City Attorney N/A ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, LP dba Bay, Ltd. (Seal Below) By: Jon Lentz e°os=v'ogmz°polo°a°°9 ° Y ° 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, TX 78409 City State Zip 361/693-2100 361/289-2304 Phone Fax lentzj@bayltd.com EMail END OF SECTION Agreement 005223-6 Street Preventative Maintenance Program(SPMP) FY 2018 Rev 06-22-2016 IDIQ-Street Overlays(Contract Renewal#1, Ref E16261) Project No. E17058 006113 PERFORMANCE BOND BOND NO. 929592876 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): 1414 Valero Way 5151 SAN FELIPE; SUITE 1800 Corpus Christi,TX 78409 HOUSTON, TEXAS 77056 Physical address(principal ploce of business): Owner Name: City of Corpus Christi,Texas SAME Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78469 By submitting this Bond,Surety arms 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): 713-513-6301 Project No.-17058 Street Preventative Maintenance Program(SPMP)FY 2018 IDIQ Street Overlays(Contract Renewal#1 Ref E162611 Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name:HIGGINBOTHAM/SWANTNER & GORDON Approval Date of Contract:June 12,2018 Address: 500.N. SHORELINE BLVD., SUITE 1200 Contract Price: $10.800.000.00 CORPUS CHRISTI; TEXAS 78401 Bond Telephone: 361-883-1711 - Email Address: memoore@higginbotham.net Date of Bond: JUNE 25,. 2018 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 the Contract) from the Texas Dept of Insurance by calling the following toll free number.1-800 252-3439 Performance Bond 00 6113-1 E17058 Street Preventative Maintenance Program FY 2018 IDIQ Street Overlays (Contract Renewal#1 E16261) 7-8-2014 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. Contractor as Principal Surety Signature: Signature: Name: ��r t�TL Name: MARY EN MOORE Title: S - , .� },: Title: ATT"Y IN FACT[' Email Address: L a 'ti Ca Aa,, L� �, Gori Email Address: memooreChigginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113 -2 E17058 Street Preventative Maintenance Program FY 2018 IDIQ.Street Overlays (Contract Renewal#1 E16261) 7-8-2014 • 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 "tile 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 Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomcy(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 21 st day of March,2016. �cAs taSuq a Continental Casualty Company ,� National Fire Insurance Company of Hartford cAaP ,usAmerican Cas ty Company of Reading,Pennsylvania JU�LY 31, v SEAL -- t88� •� Hkit'tf i Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 21st day of March,2016,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. ------------- J.MOHR am� (J- My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Bult,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 25TH day of JUNE 2018 pycnstat<� �suJ� `tea Continental Casualty Company National FireInsurance Company of Hartford %4WO r4 r'American•'Casualty Company of Reading,Pennsylvania JULY 71. u SEAL C OR Assistant Secretary Form F6853-412012 f r 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'h 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 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 25'h 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'j;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 25th 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 lace 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." State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 You may also'writs to CNA Surety at: P.O. Box 1088, Hv4st„ Texos 77251-1068. You may contact the Tw= DeparbriaM of Insurance to obtain Infommbon o,-j companies, coverages, rights of complaints at 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 14910.4, Austin, Texas 78714-9104, or fax 512-475-1771. PREMIUM OF CLAIM DISPUTES:. Should you hwm a dispute concerning your premium or about a daim you should contact the company first. If the.dispute Is not msaoNed you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached documents. ' 006116 PAYMENT BOND BOND NO. 929592876 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): 1414 Valero Wav 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78409 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78469 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): 713-513-6301 Project No. E17058 Street Preventative Maintenance Program(SPMP)FY 2018 IDIQ Street Overlays(Contract Renewal#1 Ref E162611 Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Approval Date of Contract: lune 12.2018 Address: 500.N. SHORELINE BLVD., SUITE 1200 Contract Price: $10.800.000.00 CORPUS CHRISTI, TEXAS 78401 Bond Telephone:361-883-1711 Email Address: memoore@higginbotham.net Date of Bond: JUNE 25, 2018 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 00 6116-1 E17058 Street Preventative Maintenance Program FY 20181DIQ Street Overlays (Contract Renewal#1 Ref E16261) 7-8-2014 FSuretynd Contractor, intendingto be legally bound and obligated to Owner do each cause this Payment be duly executed on its behalf by its authorized officer, agent or representative. ThePrincipal ty bind themselves, andtheirheirs,administrators, executors,successors and assigns,jointly rally 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. Contract s Principal Surety Signature: I Signature: Name: Name: MAR LEN MOORE Title: ,= r• Title: Y I T Email Address; L�„�z L� cnrr, Email Address:memoore@hi inbotham.net I (Attach PowerofAttorney and place surety seat below) END OF SECTION Payment Bond Form 006116- 2 E17058 Street Preventative Maintenance Program FY 2018 IDIQ Street Overlays (Contract Renewal##1 Ref E16261) 7-8-2014 • 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 Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,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 21 st day of March,2016. Continental Casualty Company �' rlr Wstuaq � National Fire Insurance Company of Hartford American Cas ty Company of Reading,Pennsylvania PAY I. �u SEAL ' 1697 i Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 21st day of March,2016,before me personally came Paul T.Bruflat to me!mown,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. J.MOHR �5a►s9usxwxM�' My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE 1,D.Bult,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 25TH day of JUNE 2018 bAStM Continental Casualty Company ;r>- � National Fire.Insurance Company of Hartford c�P°"'+*e fid'Inca arro q�eric"-dOualty Company of Reading,Pennsylvania • aE JULY 11. SEAL. � ,e3 11902 tom-, '-'D.-,l3ult - Assistant Secretary Form F68534/2012 r "` c4 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 25w 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 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 25m 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 Me 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 duty 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'b 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 Nice 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." State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 80644 Telephone: (312) 822.6000 You may also*waste to CNA Surety at P.O. Bax 9088, Hamm, Texas 77251-9088. You may • contact the Texas Deparbrwd of Insurance to obtain Infomr don on companies, covemges, rights or con plakits at 1.800-252-339 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 787149104, or fax 512473-1771. PREMIUM OF CLAW DISPUTES: Should you have a disputa concerning your premium or about a claim you shouid contact the company first If tire-dispute is not resolved you may contact the Texas Department of insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached documents, ' rp � ® DATE(MMIDDIYYYY) AC40REP CERTIFICATE OF LIABILITY INSURANCE 6/2112018 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(les)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 endorsements. PRODUCER NAME Diann Eisenhauer Higginbotham Insurance Agency,Inc. PHONEFax dba Swantner&Gordon Insurance Agency, LLC -361-883-1711 ac No):361-844-0101 PO Box 870 AE-MAIL DDRESS: deisenhauer(Mhigginbotham.net Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:ACE American Insurance Company 22667 INSURED BERRYI3 INSURER a:ACE Property&Casualty Insurance Co 20699 Bevy Contracting,LP dba Bay, Ltd.; Berry GP,Inc.dba Bevy Contracting,Inc.; INSURER C:Westchester Fire Insurance Company 10030 Berry Heavy Haul&Rigging INSURER 0:Indian Harbor Insurance Company 36940 PO Box 4858 INSURER E: Corpus Christi TX 784694858 INSURER F COVERAGES CERTIFICATE NUMBER:707706626 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. INTR TYPE OF INSURANCE ADDL Swyn UBR POLICY NUMBER MM/DOY EFF MD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG71006865 51202018 5202019 EACH OCCURRENCE $2.000,000 DAMAGE TO REN[Tff CLAIMS-MADE M OCCUR PREMISES Me o=rrence $100.000 X CG00D1 04113 MED EXP(Arri one person) $10,000 PERSONAL&ADV INJURY $2.000,000 GEITL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10.000.000 POLICY�PRO. a LOC PRODUCTS-COMPIOPAGG $5,000,000 ROTHER: S A AUTOMOBILE LIABILITY ISAH25157825 5202018 5202019 COMBINEDSINGLE LIMIT 52000000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED HxXCA000, NON-0WNEO PROPERTY DAMAGE $ ALTOS ONLYAUTOS ONLY Par accident X MCS-90 10/13 $ B X UMBRELLA LIARX OCCUR XOOG28119641003 5202018 5202019 EACH OCCURRENCE $35,000,000 C G24021439011 5202018 5202019 X EXCESS LIAB CLAIMS-MADE AGGREGATE S 35,000,000 DED I X I RETENTIONS $ A WORKERS COMPENSATION WLRCS4783257 5202018 5202019 X I STATUTE ETH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERIEXECUTIVE -N NIA E.L.EACH ACCIDENT $2,000.000 OFFICERIMEMBER EXCLUE (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2.000,000 D Contractors Poffution CE0744668701 5202018 5202019 Pollution Condition $25,000,000 Pollution Aggregate $25.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddWonal Remarks Schedule,may be attached If mora space Is required) 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 Corpus Christi P.O.BOX 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BERRY13 LOC#: ACCORV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. Berry Contracting,LP dba Bay,Ltd.; Berry GP,Inc.dba Berry Contracting,Inc.; POLICY NUMBER Berry Heavy Haul&Rigging PO Box 4858 Corpus Christi TX 78469-4858 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 GENERAL LIABILITY INCLUDES:ISO Commercial General Liability Occurrence—CG0001 04/13 (Contractual Liability Broad Form Property Damage;Explosion,Collapse and Underground Hazard;Blowout and Cratering;Separation of Insureds as provided by ISO CGL 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—CG2034 04113; Additional Insured-Owners,Lessees or Contractors-On Going Operations—CG2010 10/01 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 executed prior to the date of loss; Non Contributory Endorsement for Additional Insureds—LD20287 06106—Any additional insured with 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—CG2404 05/09—Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss;Construction Project(s)General Aggregate Limit—LD21732 01107-$5,000,000 per Project and Designated Location(s)Aggregate Limit—LD20039 09110—All Locations$5,000,000 Limit;Contractual Liability Railroads—CG2417 10/01—Any railroad you have agreed to indemnity 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—ALL32686 01111 AUTOMOBILE LIABILITY INCLUDES: ISO Business Auto—CA0001 10/13 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 loss;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 to loss;Coverage for Certain Operations in Connections with Railroads—CA2070 10/13—Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; Motor Carrier Endorsement—MCS90 01/17—Primary$2,000,000; Pollution Liability Broadened Coverage for Covered Autos—CA9948 10/13; Waiver of Transfer of Rights of Recovery Against Others—DA13115a 06114—Any person or organization a ainst 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 Nan-Payment of Premium when required by written contract—Notice to Others Endorsement-Schedule-Notice by Insured's Representative—ALL32686 01111 ACE PROPERTY AND CASUALTY UMBRELLA LIABILITY INCLUDES: Form#XS-20835(08106)includes the following in regards to who is an insured:Any person or organization,if insured under"underlying insurance",provided that coverage provided by this policy for any such Insured will be no broader than coverage provided by the"underlying insurance". The Commercial Umbrella Liability Policy Form#XS-20835(08/06)includes Transfer of Rights of Recovery Against Others to Us-If you or the insurer of"underlying insurance"waive any right of recovery against a specific person or organization for damages as required under an"insured contract",we will also waive any such rights we may have against such person or organization provided that the"bodily injury"or"property damage"occurs subsequent to the execution of the insured contract".This policy will apply primary of other insurance and such other insurance will not contribute if you have agreed in writing in a contract or agreement-Amendment of Condition J-Other Insurance Form XS-33290(04/11) WESTCHESTER FIRE INSURANCE COMPANY EXCESS POLICY FOLLOWS FORM OF ACE PROPERTY AND CASUALTY WORKERS COMPENSATION INCLUDES: NCCI WCOOOOOOC 01115 Alternate Employer—WC000301A 02189 and WC000301 04184—If any—Any state shown in Item 3A of the Information Page(does not apply to any employee lease contractlarrangement); 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 01115;Stop-Gap Employers Liability—WC990303C 04/92- $2,000,000 Limit;Voluntary Compensation—Foreign—WC990302D 01115—Any US Employee while temporarily outside the US or Canada;Voluntary Compensation—Maritime—WC000203 04184—Employees Masters and Members of Crew of Vessel you have contracted to perform work on;Voluntary Compensation and Employers Liability -AOS—WC000311A 08/91—Any employee exempt from the Workers Compensation Law;Waiver of Transfer of Right to Recover from Others—WC000313 11105 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—WC990369 01111 CONTRACTORS POLLUTION INCLUDES: PACE Plus Form KLD 05101/13 Insured means the Client but only if you are required to include the Client as an additional insured in 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 vicarious 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 the 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. Project No. E16261: Street Preventative Maintenance Program(SPMP)FY 2018 ID/10 Street Overlays ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: xBo 671096865 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 2010 10 01 05/20/2018 - 05/20/2019 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 Person or Organization: Any owner, Lessee or Contractor, and any other person or organization whom you have agreed to included as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location: All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which I to "bodily m- the injury or damage arises has been This insurance does nota apply Y put to its intended use by any person or Jury"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 13 POLICY NUMBER: HDo 071096865 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 3710 01 05/20/2018 - 05/20/2019 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 SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor, and any other person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location And Description of Completed Operations: All locations where you are performing operations for such additional insured pursuant to any such written contract. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products-completed operations haz- ard". CG 20 37 10 01 O ISO Properties, Inc., 2000 Page 1 of 1 13 Berry GP Inc;Berry Contracting LP dba Bay Ltd and Subsidiaries 05/20/2018 to 05/20/2019 POLICY NUMBER: HDO 671096865 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG 20 32 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Engineers,Architects Or Surveyors Not Engaged By The Named Insured: City of Corpus Christi information required to com tete this Schedule if not shown above,will be shown in the Declarations. A. Section 11 — Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the architects, additional Insureds, the following additional engineers or surveyors shown in the Schedule,but exclusion applies: only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury`", to damage" or This and advertising "property damage" or "personal and advertising Injury"caused,In whole or in part,by: injury" arising out of the rendering of or the failure 1. Your acts or omissions;or to render any professional services, including: 2. The acts or omissions of those acting on your 1. The preparing, approving, or failing to prepare behalf; or approve, maps, drawings, opinions, reports, in the performance of your ongoing operations surveys, change orders, designs or performed by you or on your behalf. specifications;or Such architects, engineers or surveyors, while not 2. Supervisory, inspection or engineering engaged by you, are contractually required to be services. added as an additional insured to your policy. This exclusion applies even if the claims against However, the insurance afforded to such any insured allege negligence or other wrongdoing additional insured: In the supervision, hiring, employment, training or 1. Only applies to the extent permitted by law; "monitoring "of others by that „insured, if the occurrence which caused the bodily injury or and "property damage", or the offense which caused 2. Will not be broader than that which you are the "personal and advertising injury", involved the required by the contract or agreement to rendering of or the failure to render any provide for such addifional insured. professional services. CG 20 32 0413 O Insurance Services Office, Inc.,2012 Page 1 of 2 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured F�dorsement Number Berry GP, Inc. Berry contracting LP dba Bay Ltd and subsidiariesPoli " HDO oil 6865 policy Period Effective Date of Endorsement G71796865 05/20/2018 to 05/20/2019 05/20/2018 Issued By(Name of Insurance Company ACE American Insurance Company nett the policy number.The remainder of the Information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization &dditionai Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory Insurance, pursuant to and as required under a written contract executed prior to the date of foss (If no Information Is fitted In, the schedule shall read."Ali persons or entities added as additional insureds through an endorsement Wth the term`Addifional Insured'In the title) For organizations that are listed in the Schedule above that are also an Additional insured under an endorsement attached to this policy, the following is added to Section IVA.a: If other Insurance is available to an insured we cover under any of the endorsements listed or described above (the"Additional Insured") for a loss we cover under this policy, this Insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. e, Authorized Agent LO-20287(08/08) Page 1 of 1 POLICY NUMBER: HDQ 071096865 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry contracting LP dba Bay Ltd; and subsidiaries CG 24 04 05 09 05/20/2018 - 05/20/2019 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: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. 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 0 Insurance Services Office, Inc.,2008 Page 1 of 1 13 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP,Inc.; Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G71096865 05/20/2018 to 05/20/2019 05/20/2018 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. A. if we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium,we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the'Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative Is Intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule In the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect Information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us In providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. a Authorized Representative ALL-32686(01111) Page 1 of 1 ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Polley Symbol Polley Number Policy Period Ette0 Mate of 018 Endorsement ISA H25157825 5/20/18to 05/20/2019 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additionallnsured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered"auto,"Who Is Insured is amended to include as an"insured,"the persons or organizations named In this endorsement. However,these persons or organizations are an"insured"only for"bodily injury"or"property damage"resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered"auto"with permission from you,any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. r Authorized Represent e DA-9U74c(03/16) Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL. INSUREDS Named Insured Berry GP, Inc, ; Berry Contracting LP dba Bay Ltd and Endorsement Number subsidiaries Policy Symbol Policy Number Pollcy Period Effective Date of Endorsement ISA x25157825 05/20/2018 to 05/20/2019 05/20/2018 Issued By(Name of Insurance Company) E ACE American Insurance Company Insert the policy number.The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the preparation or the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional Insured with whom you have agreed to provide such non- contributory Insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no Information Is filled In, the schedule shalt read:"All persons or entities added as additional Insureds through an endorsement with the term'Additional Insured"In the titre) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following Is added to the Other Insurance Condition under General Conditions: If other Insurance Is available to an insured we cover under any of the endorsements listed or described above(the"Additional Insured°)for a loss we cover under this policy, this Insurance will apply to such loss on a primary basis and we will not seek contribution from the other Insurance available to the Additional Insured. i Authorized Representative DA-21886b(06114) Page 1 of 1 i WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named insured Beny GP, Inc, ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H25157825 05/20/2018 to 05/20/2019 05/20/2018 Issued By(Name of insurance Company) ACE American Insurance Company Insert the policy number.The remainder or the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery In a written contract, provided such contract was executed prior to the date of loss. Authorized Representative DA-1311Sa(06114) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc.; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Polley Symbol Policy Number Policy Period Effective Date of Endorsement ISA I H25157825 05/20/2018 to 05/20/2019 05/20/2018 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the pcicy number.The remainder of the Information is to be completed only when this end amement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to Its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule') by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy, B. The notice referenced In this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named In the Schedule In the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organizations) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 99 Authorized Representative ALL-32686(01/11) Page 1 of 1 Berry GP Inc; Berry Contracting LP dba Bay Ltd and Subsidiaries ACE Property and Casualty - Umbrella Liability 05/20/2018 to 05/20/2019 - Pol ##XOOG28119641003 D. Damages because of"bodily Injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the"bodily injury'. The amount we will pay for damages is limited as described In Section IV-Limits of Insurance. II. WHO IS AN INSURED A. The following are"insured's": 1. The Named Insured named in Item 1 of the Declarations of this policy is an"insured". 2. Any subsidiary of the Named Insured named In Item 1 of the Declarations of this policy, and any other organization under your control and active management at the inception date of this policy is an "insured", providing such subsidiary or organization is included as an insured In the "underlying Insurance", and was made known to us prior to or at the inception date of this policy; 3. If you are designated in the Declarations as: a. An individual,you and your spouse are "insureds", but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture,you are an"insured".Your members, your partners, and their spouses are also"insureds",but only with respect to the conduct of your business. c. A limited liability company,you are an"Insured".Your members are also'insureds',but only with respect to the conduct of your business. Your managers are "insureds", but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company, you are an "insured". Your"executive officers"and directors are"insureds",but only with respect to their duties as your officers or directors.Your stockholders are also"insureds",but only with respect to their liability as stockholders. e. A trust, you are an "insured". Your trustees are also "Insureds", but only with respect to their duties as trustees. B. Each of the following is also an"insured": 1. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your"executive officers" (if you are an organization other than a partnership, joint venture or limited liability company)or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these"employees"or"volunteer workers"are"Insureds"for: a. "Bodily injury"or"personal and advertising Injury": (1) To you,to your partners or members (if you are a partnership or joint venture),to your members(if you are a limited liability company),to a co-"employee"while In the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers" while performing duties related to the conduct of your business; (2) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph a.(1)above; (3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a.(1)or(2)above;or (4) Arising out of his or her providing or failing to provide professional health care services. b. "Property damage"to property: (1) Owned,occupied or used by you, (2) Rented to, In the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member(If you are a limited liability company). XS-20835(08/06) Page 2 of 19 2. Any person (other than your"employee"or"volunteer worker"), or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die, but only: a. With respect to liability arising out of the maintenance or use of that property;and b. Until your legal representative has been appointed. 4. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 5. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority Interest, will qualify as an"insured"If it also qualifies as an insured in "underlying insurance" and there is no other similar Insurance available to that organization. However. a. Coverage under this provision Is afforded only until the 901h day after you acquire or form the organization or the end of the"policy period",whichever is earlier; b. This insurance does not apply to"bodily Injury"or"property damage"that occurred before you acquired or formed the organization; c. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization;and d. We reserve the right to charge an additional premium If such organization qualifies as an"insured." 6 Any person or organization, If insured under"underlying insurance,,provided.that coverage;provided by this policy for,any such{nsured,will..be no broader.Than coverage provided by"underlying Insurance".. Notwithstanding anything above, no person or organization is an "insured" with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured In the Declarations. III. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We will have the right and duty to defend the"insured"against any"suit"seeking damages for"bodily injury", "property damage" or"personal and advertising Injury", even if groundless, false or fraudulent, to which this Insurance applies: 1. When damages sought would be covered by"underlying insurance"but are not covered by that insurance because of the exhaustion of the applicable limits of "underlying insurance" by the payment of "loss" covered by this policy;or 2. When damages sought would be covered under any "other insurance" but are not covered by that Insurance because of the exhaustion of the applicable limits of"other Insurance"by the payment of"loss" covered under such"other insurance";or 3. When damages sought for"bodily Injury", "property damage"or"personal and advertising injury"are not covered by"underlying insurance" or any"other insurance", or any applicable self-insured retention has been exhausted by the payment of"loss"covered by this policy. B. We will have no duty to defend the"insured"against any"suit" seeking damages for"bodily Injury","property damage"or"personal and advertising Injury"to which this insurance does not apply. C. We will have the right but not the duty to associate in the investigation of any claim and the defense of any "suit"which may,In our opinion,result In damages to which this Insurance applies. D. If we assume the defense of any"suit"against the "insured", we will pay in addition to the applicable Limit of Insurance: 1. All expenses we incur. 2. Up to$250 for cost of bail bonds because of an"occurrence"that may result in"bodily Injury"or"property damage"covered by this policy.We do not have to furnish these bonds. XS-20835(08106) Page 3 of 19 2. Separately to each"Insured"against whom claim is made or"suit"is brought. M. Titles The titles to the various parts, sections, subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts,sections, subsections and endorsements. N. Transfer of Rights of Recovery Against Others to Us 1. If the"Insured'has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us.The"Insured"must do nothing after"loss"to Impair them.At our request,the"insured" will bring"suit"or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the Inverse order of payment of"loss"to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3 Ifyou andthe insurer of "underlying.insurance" waive any sight of:recovery against a specific.person or argan.zatlon for damages as required:under an "insured cogttact", vire wilt also waive any;such rights we may i ave:against such,person Qr organization provided thatFie°bofily injurjiA ar"pcoperty?damage"occurs subsegui ntV)the execution ofahe"insured contract". O. When"Loss"Is Payable Coverage under this policy will not apply until the"insured," or the"€nsured's" underlying insurer has paid or is obligated to pay the full amount of the"retained limit." When the amount of damages is determined by an agreed settlement or on a final judgment against an 'insured" obtained after an actual trial, we will promptly pay on behalf of the"Insured"the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the"retained limit"paid by us. Vll. DEFINITIONS A. "Advertisement"means a notice that Is broadcast or published to the general public or specific market segments about your goods,products or services for the purpose of attracting customers or supporters. For the purposes of this definition: 1. Notices that are published include material placed on the Internet or on similar electronic means of communication;and 2. Regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an"advertisement". B. "Auto" means a land motor vehicle, trailer or semi trailer designed for travel on public roads, Including any attached machinery or equipment.But"auto"does not Include"mobile equipment". C. "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time."Bodily injury"includes mental anguish or mental Injury resulting from bodily injury. D. "Coverage territory" means anywhere In the world, except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing Insurance,Including but not limited to the payment of claims. E. "Employee" means an individual working for you in return for remuneration. "Employee" includes a "leased worker"."Employee"does not include a"temporary worker"or independent contractor. F. "Executive officer"means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. G. "Hostile fire"means one which becomes uncontrollable or breaks out from where it was intended to be. H. "Impaired property"means tangible property, other than "your product"or"your work", that cannot be used or is less useful because: XS-20835(08106) Page 15 of 19 F AMENDMENT OF CONDITION J—OTHER INSURANCE Named Insured ; Berry contracting LP dba Bay Ltd Endorsement Number Berry GP,Berry Contracting, Inc and Subsidiaries Pocky Symbol Poky Number Palicy Parted Effective Date or Endorsement X00003 05/20/2018 to 05/20j2019 O5/20f2018 Issued By(Name of Insurance Company) z ACE Property&Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows: SECTION VI.CONDITIONS,Paragraph J. Other Insurance is deleted and replaced with the following: J. Other Insurance If valid and collectible "other insurance" applies to damages that are also covered by this policy, this policy will apply primary of the "other Insurance" and such "other insurance" will not contribute with this insurance, but only if. 1. You have agreed In writing In a contract or agreement that such person or organization is an"Insured" under this policy;and 2. Such person or organization is included as an Insured under the coverage provided by "underlying Insurance". If valid and collectible"other Insurance'applies to damages that are also covered by this policy and does not meet the criteria stated above as 1.and 2.,then this policy will apply excess of the"other insurance" and will not contribute with such`other insurance". All other terms and conditions of this policy remain unchanged. 0 Authorize e XS-33290(04/11) 020110 Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC.: Berry Contracting LP dba Bay Ltd P.O.BOX 4858 and Subsidiaries Policy Number CORPUS CHRISTI TX 784694858 Symbol: \M-R Number.064783257 Policy Period Effective Date of Endorsement 05/20/2018 to 05/20/2019 •05/20/2018 Issued By(Name of Insurance company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the infortnafion Is to be completed only when this endorsement Is Issued aubse uant to the preparaVon of the policy. LONGSHORE AND HARBOR WORKERS'COMPENSATION ACT COVERAGE ENDORSEMENT s 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 KANSAS 1. 540 LOUISIANA 2.060 MONTANA 2.240 OKLAHOMA 1. 950 TEXAS 1. 610 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. Authorized Agent CKE-3N11a(4192)Ptd.In U.S.A. Copyright 1983, 1991,National Council on Compensation Insurance. WC 00 01 06A Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY OP,INC.; Berry Contracting LP dba Bay Ltd P.O.BOX 4858 and Subsidiaries Policy Number CORPUS CHRISTI TX 784894858 Symbol: WLR Number. _C64783257 Policy Period Effective Date of Endorsement 05/20/2018 to 05/20/2019 r os/20/2018 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the Information Is to be completed only when this endorsement is issued subsequent to the preparation of the poUg. 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 TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2. 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: Included Authorized Representative WC 42 03 04B(08/14) 0 Copyright 2014 National Council on Compensation insurance,Inc.All Rights Reserved. Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC. ;Berry Contracting,LP dba Bay Ltd.and Subs diaries P.O.BOX 48858 Policy Number CORPUS CHRISTI TX 764694858 5 mbol: WLR Number.C•64783257 j Policy Period Effective Date of Endorsement 05/20/18 T005/20/19 05120118 i ! Issued 8y(Name of Insurance Company ACE AMERICAN INSURANCE COMPANY !! I Insert the policy number.The remainder of the Information Is to be co m luted only when this endorsement is Issued subsrquent to the Preparation of the pollry. 1 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prlor to Its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium,we will endeavor, as set out In this endorsement, to send written notice of cancellation, to the persons or organizations listed In the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice wilt be in addiflon to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced In this endorsement as provided by your representative is Intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organlzation(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no i obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will In turn send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us In providing the Schedule, or In causing your representative to provide the Schedule, E. This endorsement does not apply in the event that you cancel the Polley, 'Ali other terms and conditions of this Policy remain unchanged. i { } I i I Authorized Representative WC 99 03 69(01/11) Pagel