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C2018-353 - 4/10/2018 - Approved
.. •' C2018-353 4/10/18 M2018-050 Siemens Industry Inc. 00 52 23 AGREEMENT This Agreement,for the Project awarded on April 10,2018, is between the City of Corpus Christi (Owner)and Siemens Industry,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Downtown Street Traffic Signals and Area Improvements(Bond 2014) Project No. E15108 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. 800 N.Shoreline,Suite 1600N Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza. P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 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. 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 Agreement 00 52 23-1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev06-22-2016 SIANMfl CONTRACT DOCUMENTS FOR CONSTRUCTION OF Downtown Street Traffic Signals and Area Improvements ( Bond 2014) PROJECT NUMBER: E15108 FREESE 800 N. Shoreline Blvd. Suite 1600N Corpus Christi, Texas 78401-3717 Phone — (361) 561-6500 Fox — (361) 561-6501 .Cityof *�®®aaaaa®®®®®aaaaa®®®®* � NICHOLAS A. CECAVA � Corpus 0 o®®®aaaaa®®®®®aaaaa®®® ®a ��® 97391 Christi Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 January 15, 2018 Record Drawing Number STR-934 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders(Revo1-13-2016) 00 30 00 Bid Acknowledgment Form (Revo1-13-2016) 00 30 01 Bid Form (Revo1-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement (Rev06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 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 011100 Summary of Work(Revo1-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 0133 01 Submittal Register(Rev7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule Table of Contents 000100- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 06-22--2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 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 020100 Survey Monuments 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 025803 Traffic Signal Adjustments 025805 Work Zone Pavement Markings 025807 Pavement Markings Table of Contents 000100-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 06-22--2016 Division/ Title Section 025813 Preformed Thermoplastic Striping, Words, and Emblems 025816 Raised Pavement Markers 025818 Reference— Pavement Markers (Reflectorized) (TxDOT D-9-4200) 025828 Reference - Bituminous Adhesive for Pavement Markers (TxDOT D-9-6130) 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 34 41 13.00 Traffic Signal Standards and General Requirements 3441 13.13 Installation of Traffic Equipment 3441 16.23 Traffic Signal Cabinet and Assemblies 3441 16.33 Traffic Signal Controller Unit 34 41 16.43 Ground Boxes 34 41 16.53 Vehicle Signal Heads 3441 16.63 Pedestrian Signals 34 41 16.93 Poles and Assemblies 3441 19.13 Electrical Services for Traffic Equipment 3441 19.73 Uninterruptible Power Supply 34 41 23.39 Radar Presence Detector Appendix Title A Signalization Standard Product List B Geotechnical Report C Subsurface Utility Engineering (S.U.E.) REPORT END OF SECTION Table of Contents 000100-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 06-22--2016 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: Downtown Street Traffic Signals and Area Improvements(Bond 2014) Prosect No. E15108 A. The proposed improvements include traffic signalization, signage, street lighting, conduit and coordination with franchise utility owners and the City Departments on existing utilities in downtown Corpus Christi along Water Street from Cooper's Alley north to Twigg Street. A total of nine intersections will receive new mast arm traffic signals to replace the post mounted signals in place currently. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $3,256,000. The Project is to be substantially complete and ready for operation within 210 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 2:00 PM,Wednesday, February 14,2018 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 Invitation to Bid and Instructions to Bidders 002113- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - Downtown Street Traffic Signals and Area Improvements(Bond 2014), Project No. E15108 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 2:00 PM,Wednesday, February 14, 2018, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Smart Board Room 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 10:30 AM,Tuesday, February 6, 2018 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. Invitation to Bid and Instructions to Bidders 002113-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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 below. 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. Invitation to Bid and Instructions to Bidders 002113-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-5 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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 0045 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. 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%. Invitation to Bid and Instructions to Bidders 002113-6 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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 Owner within 10 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. Invitation to Bid and Instructions to Bidders 002113-7 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-8 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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. 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 002113-9 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 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 $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 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 X 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 X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required Insurance Requirements 007201- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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 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 Insurance Requirements 007201-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 007201-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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. 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 Insurance Requirements 007201-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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 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 Insurance Requirements 007201-5 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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. 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 Insurance Requirements 007201-6 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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. 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. Insurance Requirements 007201-7 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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- 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 Insurance Requirements 007201-8 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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. 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; Insurance Requirements 007201-9 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201- 10 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 00 91 01 ADDENDUM NUMBER 1 Downtown Street Traffic Signal and Area Project: Improvements(Bond 2014) Project Number: Owner: City of Corpus Christi E15108 City Engineer: J.H. Edmonds, P.E.`� Designer: Freese and Nichols, Inc. Issue Addendum No. 1 Specification Section: 00 91 01 Date: February 9, 2018 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] Nicholas A. Cecava, P.E. 2/9/2018 �� OF T �� Name Date Addendum Items: 1W �0 * * o 's 0, �000°0000000aom00000000ao°000 NICHOLAS A. CECAVA Modifications to the Bidding Requirements: 00.0.9... ........O.O.O•.O........i 0 Replaces: 00�0 97391 o°moi 00 30 01 Bid Form li F`°�� 0123 10 Alternates and Allowances 0129 01 Measurement and Basis for Payment 2/9/2018 Modifications to the Specifications: Add Water Street SUE Report to Appendix C FREESE AND NICHOLS, INC. Modifications to the Drawings: TEXAS REGISTERED Replace Sheet 5 with updated sheet ENGINEERING FIRM F-2144 Clarifications: Questions and Answers Clarifications F EESE ICHOU 800 N. Shoreline Blvd. Suite 160ON Corpus Christi, Texas 78401-3717 Phone — (361) 561-6500 Fox — (361) 561-6501 Addendum No. 1 00 9101-1 Downtown Street Traffic Signals and Area Improvements(Bond 2014)E15108 Rev 01-13-2016 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 30 01 BID FORM: DELETE: SECTION 00 30 01 BID FORM in its entirety. ADD: SECTION 00 30 01 BID FORM in its entirety(Attachment 1). B. SECTION 0123 10 ALTERNATES AND ALLOWANCES: DELETE: SECTION 0123 10 ALTERNATES AND ALLOWANCES in its entirety. ADD: SECTION 0123 10 ALTERNATES AND ALLOWANCES in its entirety(Attachment 2). C. SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT: DELETE: SECTION 0129 01 MEASURMENT AND BASIS FOR PAYMENT in its entirety. ADD: SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT in its entirety (Attachment 3). ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Appendix C—Subsurface Utility Engineering (S.U.E.) Report ADD: Water Street SUE Report by Cobb Fendley, Dated January 22, 2018 (Attachment 4) ARTICLE 3 - MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. DELETE the following Drawings: Deleted Drawings Sheet 5 of 66 Estimated Quantities Summary and Testing Schedule Addendum No. 1 009101-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 B. ADD the following Drawings: Added Drawings Sheet 5 of 66 Estimated Quantities Summary and Testing Schedule, Revision 1 (Attachment 5) ARTICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question: "If conduit cannot be bored due to utilities can open cut method be used?" Answer: "With approval from the City, on a case by case basis, open cut will be allowed if boring is not the preferred method. Refer to the updated Section 0129 01 Measurement and Basis for Payment(Attachment 3)." B. Question: "Where would I find the City of Corpus Christi—Signalization Product List? I was told it would be found here on Civcast. Thank you!" Answer: "The City of Corpus Christi—Signalization Product List is Appendix Item A per the Table of Contents in the bid documents (starts on Page 447 of 567)." C. Question: "How will timing and optimization be completed on the new signals?" Answer: "The City will provide the data for the contractor to program the signals." D. Question: "For Bid Item A10 is the count 2 temporary signals total or 2 intersections?" Answer: "The bid quantity is to provide temporary signalization at all approaches for 2 intersections. Refer to the updated Section 0129 01 Measurement and Basis for Payment (Attachment 3)." E. Question: "Will any striping be required? None is shown in the Bid Form." Answer: "Since some open cutting may be required for conduit installation in areas where boring is not possible it is anticipated that existing striping will be damaged. Addendum No. 1 has added new striping items to the Bid Form (Attachment 1)." F. Question: "Do Bid Items B1 and E14 pertain to the removal of the existing mid-block crossing near John Sartain? Answer: "Yes" G. Question: "In some locations existing conduit is shown as being reused. What happens if the existing conduit depth is too shallow?" Answer: "The depth of the existing conduit is unknown in most cases. If it is discovered that existing conduit to be reused is too shallow or unusable, contact the engineer for instructions. Also, the contractor is not to remove or damage existing City I.T. (MIS) conduit(running up side streets from Mesquite toward Water) even if it is not shown for reuse." H. Question: "What are the limits of the obligation for the private utilities to locate their lines? Will they locate the service connections all the way to the building line?" Addendum No. 1 009101-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 Answer: "Contractor is responsible for utility coordination with all utility owners for the project improvements. Refer to General Notes, Part D on Sheet 4." I. Question: "Where are the medallions shown on Sheet 12 available for purchase? Has a specific manufacturer been selected?" Answer: "No specific manufacturer has been selected. Harry Lee Chester Jr. with Corpus Christi Stamp Works Inc. was consulted during the design of these fiberglass medallions. He can be reached at (361)653-4406 or at harry.chester@ccstampworks.com. 4.02 CLARIFICATIONS A. Clarification: Chris Hale, City PM, indicated at the Pre-Bid Meeting that the work site will be available to the contractor on weekends. Contractor shall provide the City with a one week notice when weekend work is anticipated. Work hours will be as specified on Sheet 4, General Notes, Section F—Miscellaneous, Note 3. END OF ADDENDUM NO. 1 Addendum No. 1 009101-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 00 30 01 BID FORM ADDENDUM1 ATTACHMENT 1 SHEET 1 OF 3 Project Name: Downtown Street Traffic Signals and Area Improvements Project Number: E15108 Owner: City of Corpus Christi Bidder: OAR: Ernesto De La Garza Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(5%Max) LS 1 A2 Bonds and Insurance LS 1 A3 Demolition LS 1 A4 Ozone Day DAY 1 A5 Survey Monument EA 2 A6 TCP Plan and Prep EA 2 A7 TCP Mobilizations/Adjustments EA 2 A8 TCP Items(Signs, Barricades,Channelizing Devices,etc.) MO 7 A9 Sign Boards EA 4 A10 Temporary Signalization (Per Intersection) EA 2 All Silt Fence for Storm Water Pollution Prevention LF 200 Al2 Curb Inlet Protection EA 65 A13 lStorm Water Pollution Prevention Plan LS 1 SUBTOTAL PART A-GENERAL(Items Al thru A13) $ Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Eradicate Existing Crosswalk LF 60 B2 Unanticipated Concrete Sidewalk Removal and Repair SF 2000 B3 Unanticipated Concrete Pavement Removal and Repair SY 250 B4 Ref 1. Pavement Marking Type 1(Y)(4")(DBL)(SOLID) LF 360 B5 Ref 1. Pavement Marking Type 1(W)(4")(SOLID) LF 720 B6 Ref 1. Pavement Marking Type 1(W)(12")(SOLID) LF 3000 B7 Prefab. Pavement Marking Type 1(W)(24")(SOLID) LF 800 B8 Allowance for Unanticipated Street Improvements LS 1 $ 20,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru 138) $ Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl 4"Concrete Sidewalk SF 1160 C2 Ped. Pole Assembly EA 31 C3 Ped. Detect Push Button (APS)w/R10-3E sign EA 72 C4 Ped.Sig.Sec. (LED) (Countdown) EA 72 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C4) $ Part D-STORM WATER DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 6"Concrete Curb&Gutter LF 150 D2 4"Thick Non-reinforced Concrete Fill SF 525 D3 Unanticipated Curb&Gutter Removal LF 100 SUBTOTAL PART D-STORM WATER DRAINAGE IMPROVEMENTS(Items D1 thru D3) $ - Bid Form Page 1 of 3 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 00 30 01 BID FORM ADDENDUM 1 ATTACHMENT1 SHEET 2 OF 3 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Part E-SIGNALIZATION IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Drill Shaft(Trf.Sig. Pole) (24") (Temporary Casing may be LF 36 required) E2 Drill Shaft(Trf.Sig. Pole) (36")with Temporary Steel Casing LF 474 E3 Conduit(PVC) (Sch.40) (2") (Under Roadway) LF 1656 E4 Conduit(PVC) (Sch.40) (2") LF 188 E5 Conduit(PVC) (Sch.40) (3") LF 1104 E6 Conduit(PVC) (Sch.40) (4") (Under Roadway) LF 1656 E7 Conduit(PVC) (Sch.40) (4") LF 135 E8 Elec.Condr. (No.6) Bare LF 2796 E9 Elec. Condr. (No.6) Insulated LF 447 E10 Elec. Condr. (No. 12) Insulated LF 9642 E11 Tray Cable(4 Condr.) (12 AWG) LF 1936 E12 Ground Box Type D(162922)W/Apron EA 51 E13 Remove& Replace Ground Box EA 6 E14 Remove and Salvage Flashing Beacon Assembly EA 2 E15 Remove Controller Cabinet and Foundation EA 9 E16 Remove Traffic Signal Pedestal Pole EA 27 E17 Remove Traffic Signal Pedestal Pole and Foundation EA 4 E18 Install Highway Traffic Signal (Isolated) EA 9 E19 Back Plate(12") (3 SEC) EA 60 E20 Veh.Sig.Sec. (12") LED(Grn.) EA 60 E21 Veh. Sig. Sec. (12") LED(Yel. ) EA 60 E22 Veh.Sig. Sec. (12") LED(Red ) EA 60 E23 Trf.Sig.Cbl. (Type A) (14 AWG) (20 Condr.) LF 6071 E24 Ins.Trf.Sig. PL AM (S) 1 Arm (24') EA 1 E25 Ins.Trf.Sig. PL AM (S) 1 Arm (28') EA 8 E26 Ins.Trf.Sig. PL AM (S) 1 Arm (32') EA 1 E27 Ins.Trf.Sig. PL AM (S) 1 Arm (32') Lum. EA 11 E28 Ins.Trf.Sig. PL AM (S) 1 Arm (36') EA 2 E29 Ins.Trf.Sig. PL AM (S) 1 Arm (36') Lum. EA 2 E30 Ins.Trf.Sig. PL AM (S) 1 Arm (40') Lum. EA 4 E31 Ins.Trf.Sig. PL AM (S) 1 Arm (44') Lum. EA 1 E32 ILSN (LED) (8)(S) EA 30 E33 Radar Presence Detector EA 36 E34 Radar Presence Detector Comm.Cable LF 2587 E35 Mast Arm Damping Plate EA 30 E36 0.25 KW EQ LED Luminaire(TRAFFIC SIGNAL) EA 18 E37 Camera PTZ(Petco Spectra Enhanced Series) EA 5 E38 Ethernet Cable CAT 6 for PTZ LF 321 E39 Radio&Antenna (Mimosa) EA 24 E40 Radio Antenna Cable CAT 6 LF 2163 E41 Electrical Service and Cabinet with Foundation EA 9 E42 Controller Cabinet(TS-2)with Extension EA 9 E43 Controller Foundation EA 9 E44 Controller Econolite Cobalt EA 9 E45 Traffic Signal Louver(12") EA 36 E46 Ethernet 4000 Switch EA 9 Bid Form Page 2 of 3 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 00 30 01 BID FORM ADDENDUM 1 ATTACHMENT1 SHEET 3 OF 3 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY E47 Uninterruptible Power Supply with Cabinet EA 9 E48 Acyclica Road Trend, Power/Comm Cable and 2.4GHz EA 9 Antenna E49 24" Decorative Medallion with Mounting Hardware EA 18 E50 LS 1 Allowance for Unanticipated Signalization Improvements $ 15,000.00 SUBTOTAL PART E-SIGNALIZATION IMPROVEMENTS(E1 THRU E50) $ BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A13) $ SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru 138) $ SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C4) $ SUBTOTAL PART D-STORM WATER DRAINAGE IMPROVEMENTS(Items D1 thru D3) $ SUBTOTAL PART E-SIGNALIZATION IMPROVEMENTS(Items E1 thru E50) $ TOTAL PROJECT BASE BID(PARTS A THRU E) $ Contract Times Bidder agrees to reach Substantial Completion in 210 days Bidder agrees to reach Final Completion in 1 240 Idays Bid Form Page 3 of 3 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 ADDENDUM1 ATTACHMENT SHEET 1 OF 3 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 012310- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 11-25-2013 ADDENDUM1 ATTACHMENT SHEET 2 OF 3 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. C. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES— NOT USED 1.04 DESCRIPTION OF ALLOWANCES A. Allowance B8-Allowance for Unanticipated Street Improvements: 1. The sum of$20,000.00 to be used for the purchase of unanticipated street improvements. B. Allowance E50—Allowance for Unanticipated Signalization Improvements: 1. The sum of$15,000 to be used for the purchase of unanticipated signalization improvements. NOTE: The Lump Sum Bid Items described as'Allowances' have been set as noted and shall be included in the Total Base Bid of the Bid Form for each Bidder. These Allowances may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction which warrant the use of the Allowance funds. Should the use of Allowance funds become necessary,the OAR will provide written authorization at a unit cost as provided for a similar bid item,or at a negotiated cost between the OAR and the Contractor if a similar bid item does not exist. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the work. Alternates and Allowances 012310-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 11-25-2013 ADDENDUM1 ATTACHMENT SHEET 3 OF 3 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 11-25-2013 ADDENDUM1 ATTACHMENT SHEET 1 OF 5 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization (5%Max): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 012901- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 ADDENDUM1 ATTACHMENT SHEET 2 OF 5 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2- Bonds and Insurance: 1. Consists of all bonds and insurance required under terms of the contract. 2. Measuring for payment is on a lump sum basis. Payment for bonds and insurance will be based on the receipt of City approved bonds and insurance and documentation of actual costs.The Contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual cost of bonds and insurance, not to exceed the verifiable costs of bonds and insurance incurred by the contractor. C. Bid Item A-3—Demolition: 1. Include the following costs in the Bid item: a. Compensation in the amount of the bid unit price for demolition and disposal of items shown on the drawings. b. This item will include the demolition, removal, and disposal of all material not specifically addressed by another bid item. 2. Measuring for payment is on a lump sum basis. D. Bid Item A-4-Ozone Day: 1. Priming and hot-mix asphalt paving operations shall not be conducted on days for which an ozone advisory has been issued, except for repairs. Owner will notify Contractor regarding ozone alerts. Measurement and basis for payment shall be as described in SECTION 00 30 01 BID FORM. E. Bid Item A-6—TCP Plan and Prep 1. Include the following costs in the Bid item: a. Contractor will provide a Traffic Control Plan(s) (TCP) signed and sealed by a licensed professional engineer.TCP must conform to guidelines established in the TMUTCD and the plans. The TCP will include necessary pedestrian signage and detours for sidewalk closures. (See General Notes on the drawings for specific performance measures for traffic control) b. Contractor shall submit Traffic Control Plan(s)to the City Traffic Engineering Department 14 working days (2 weeks) prior to the City's Pre-Construction Meeting. c. Contractor shall submit revisions to the City approved Traffic Control Plans(s)to the City Traffic Engineering Department for review a minimum of 2 weeks prior to implementation date. 2. Measuring for payment is per each. F. Bid Item A-7—TCP Mobilization/Adjustments 1. Include the following costs in the Bid item: Measurement and Basis for Payment 012901-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 ADDENDUM 1 ATTACHMENT SHEET 3 OF 5 a. This bid item includes the cost for mobilizing all equipment, materials, and labor covered under Section 025802 Temporary Traffic Controls During Construction including the demobilization of all items. Any significant adjustments to signs, barricades, channelizing devices, pavement markings and markers, and signals are included in the cost of this bid item. A significant adjustment is determined in the opinion of the City as a deviation greater than 50%from the approved TCP for the project improvements. 2. Measuring for payment is per each. G. Bid Item A-8—TCP Items (Signs, Barricades, Channelizing Devices, etc.) 1. Include the following costs in the Bid item: a. This item will include the cost for all equipment, materials, and labor covered under Section 025802 Temporary Traffic Controls During Construction and the approved TCP. Any required flaggers for construction of the improvements are included under this bid item. 2. Measuring for payment is per month. H. Bid Item A-9—Sign Boards 1. Include the following costs in the Bid item: a. This item will include setup and removal of any required traffic arrow boards and/or 3-line message boards that may be required by the approved TCP. 2. Measuring for payment is per each. I. Bid Item A-10—Temporary Signalization (Per Intersection) 1. Include the following costs in the Bid item: a. This item will include temporary traffic and pedestrian signalization during all phases of construction in accordance with MUTCD requirements. The contractor may provide portable trailer mounted signals and temporary traffic controllers as required based on the contractor's means and methods. 2. Measuring for payment is per each intersection and includes the signals required for all approaches at each intersection. J. Bid Item A-13—Storm Water Pollution Prevention Plan 1. Payment shall include but not be limited to furnishing and submitting the SWPPP to the City, posting the Notice for sites of 5 acres or less, keeping a copy of the SWPPP available as required by TCEQ, and updating the Plan during the Project as required. All permits and required fees related to the SWPPP shall be included in this Item. Payment will be made on the following basis: The initial pay application will include 50% of the lump sum bid price minus retainage. The balance will be paid according to the percentage of construction completion on each pay application after 50% has occurred, minus retainage. 2. Measurement and basis for payment shall be as described in SECTION 00 30 01 BID FORM. K. Bid Item E-3—Conduit (PVC) (Sch.40) (2") (Under Roadway) Measurement and Basis for Payment 012901-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 ADDENDUM 1 ATTACHMENT SHEET 4 OF 5 1. This item includes boring conduit under the roadway. With approval from the City, on a case by case basis, open cut will be allowed if boring is not the preferred method. This item includes furnishing and installing conduit; hanging, strapping, jacking, boring, tunneling,trenching, and furnishing and placing backfill; encasing in steel or concrete; saw cutting, removal, and replacing pavement structure, sod, riprap, sidewalk, curbs, or other surface; marking location of conduit (when required);furnishing and installing fittings,junction boxes, and expansion joints; and materials, equipment, labor, tools, and incidentals. All necessary traffic control is the responsibility of the contractor and is included in this item. 2. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the Bid Form. L. Bid Item E-4—Conduit (PVC) (Sch.40) (2") 1. This item includes furnishing and installing conduit; hanging, strapping,jacking, boring,tunneling,trenching, and furnishing and placing backfill; encasing in steel or concrete;saw cutting, removal, and replacing pavement structure, sod, riprap, sidewalk, curbs, or other surface; marking location of conduit (when required); furnishing and installing fittings,junction boxes, and expansion joints; and materials, equipment, labor,tools, and incidentals. All necessary traffic control is the responsibility of the contractor and is included in this item. 2. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the Bid Form. M. Bid Item E-5—Conduit (PVC) (Sch.40) (3") 1. This item includes furnishing and installing conduit; hanging, strapping,jacking, boring,tunneling,trenching, and furnishing and placing backfill; encasing in steel or concrete;saw cutting, removal, and replacing pavement structure, sod, riprap, sidewalk, curbs, or other surface; marking location of conduit (when required); furnishing and installing fittings,junction boxes, and expansion joints; and materials, equipment, labor,tools, and incidentals. All necessary traffic control is the responsibility of the contractor and is included in this item. 2. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the Bid Form. N. Bid Item E-6—Conduit (PVC) (Sch.40) (4") (Under Roadway) 1. This item includes boring conduit under the roadway. With approval from the City, on a case by case basis, open cut will be allowed if boring is not the preferred method. This item includes furnishing and installing conduit; hanging, strapping, jacking, boring, tunneling,trenching, and furnishing and placing backfill; encasing in steel or concrete; saw cutting, removal, and replacing pavement structure, sod, riprap, sidewalk, curbs, or other surface; marking location of conduit (when required);furnishing and installing fittings,junction boxes, and expansion joints;and materials, equipment, labor, tools, and incidentals. All necessary traffic control is the responsibility of the contractor and is included in this item. 2. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the Bid Form. Measurement and Basis for Payment 012901-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 ADDENDUM1 ATTACHMENT SHEET 5 OF 5 O. Bid Item E-7—Conduit (PVC) (Sch.40) (4") 1. This item includes furnishing and installing conduit; hanging, strapping,jacking, boring,tunneling,trenching, and furnishing and placing backfill; encasing in steel or concrete;saw cutting, removal, and replacing pavement structure, sod, riprap, sidewalk, curbs, or other surface; marking location of conduit (when required); furnishing and installing fittings,junction boxes, and expansion joints; and materials, equipment, labor,tools, and incidentals. All necessary traffic control is the responsibility of the contractor and is included in this item. 2. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the Bid Form. P. Bid Item E18— Install Highway Traffic Signal (Isolated) 1. Include the following costs in the Bid item: a. Aluminum traffic signs installed on the signals (54 Total). b. Construction of nine (9) complete signalized intersections including all labor and equipment necessary to provide for a complete signal installation. Any required labor, material, equipment, testing, startup, coordination, etc. not specifically addressed by another bid item,will be covered under this item. 2. Measuring for payment is per each. Q. Other Bid Items 1. Basis of measurement and payment shall be as described in the applicable specification sections, construction drawings, and/or SECTION 00 30 01 BID FORM 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 012901-5 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 01-13-2016 on CobbFendley January 22nd,2018 ADDENDUM1 ATTACHMENT 4 Chris Hale,P.E., SHEET 1 OF 5 Project Manager Engineering Services City of Corpus Christi VIA E-MAIL Re: Report on Subsurface Utility Engineering(SUE) for Water St Signal Improvements E15108 Corpus Christi. Dear Mr. Hale, CobbFendley is pleased to provide this letter report summarizing the Subsurface Utility Engineering(SUE) work performed on the above referenced project.This report describes the scope of work,methods and procedures used to complete the scope and the results obtained. Scope of Services The purpose of this SUE investigation is to assist the City's engineering consultant Freese and Nichols Inc. (FNI) with their signal improvements project on Water St in downtown Corpus Christi. Through the SUE contract with the City, CobbFendley provided additional utility information and vacuum excavation test holes to investigate potential utility conflicts with proposed traffic signal mast locations. When performing this type of work CobbFendley typically follows ASCE 38-02 "The Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data"- see below. Utilit)�Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B -Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Additional description of services,methodology and equipment is below. Quality Level A-Locate (Test Hole):Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Using the definitions above CobbFendley's scope of work can be described as providing Quality Level A SUE. However, for this project, the purpose of the excavation was not to locate and measure utility depth, but to determine if any utilities were present. Chris Hale Page 2 of 5 i�;■ CobbFendley T ADDENDUM1 Methods and Procedures ATTACHMENT 4 SHEET 2 OF 5 Following their 60%review meeting,FNI asked the City to consider the need for SUE vacuum excavation. 18 potential conflict locations were identified in the proposed traffic signal plans. These locations were shared with CobbFendley on April 251'2017. A proposal for SUE investigation and vacuum excavation was provided to the City of Corpus on April 26f 2017. The City reviewed the proposal and discussed the need to reduce costs for this SUE effort with CobbFendley on May 9d'2017 A CobbFendley SUE representative met FNI on site on June 9th 2017 to discuss the scope of work. The proposed position of the new traffic signal masts in each intersection was reviewed and compared against visible evidence of utilities. Based on this site visit,it was believed that mast locations could be adjusted to avoid several utility conflicts. Following this meeting,FNI provided a revised conflict list to CobbFendley on June 14f 2017 reducing the number of test holes from 18 to 7 locations CobbFendley provided a proposal for these 8 locations on June 261'2017.Approval was provided by the City on June 26f. FNI surveyors staked out the proposed locations July 25. The office of Development Services approved permits on July 26f. Test hole excavation started on August 3rd 2017. As stated above CobbFendley used a Level A SUE style approach when performing vacuum excavation field work. This is summarized below: 1) CobbFendley personnel coordinated with City of Corpus Christi Development Services to schedule work. The proposed location of several test holes meant that sidewalk closures and some traffic were necessary to safely perform the work. CobbFendley worked with the City to develop the plan for each proposed hole location. Night work was determined to be the least disruptive approach in most locations. 2) CobbFendley called Texas 811 ("One—Call") complying with regulations for the prevention of underground utility damage. City of Corpus Development Services was notified 72 hours in advance of work being performed. 3) SUE crews swept each site using electromagnetic pipe and cable locators and ground penetrating radar (GPR) to investigate the presence of unidentified buried utilities at each proposed hole location. 4) Excavation crews initially used a coring machine to cut the sidewalk surface. The intent being to neatly remove a disc/ core of sidewalk that could be bonded back into place after the hole was backfilled.Alternatively,a concrete saw was used to cut a square approximately 12-18 inches wide then excavate using compressed air down to approximately 5ft. 5) Any utilities encountered were measured photographed and the depth recorded 6) After the excavation was completed the test hole was backfilled. Either the core was replaced and bonded back in place with concrete sealant,or a small batch of concrete was mixed and used to fill the square hole cut in the sidewalk Results of investigation Using pipe and cable locators and GPR to search for unidentified utilities at each hole location was inconclusive.This was likely because the presence of re-bar mesh in the concrete sidewalk acted to mask buried utilities below it (Faraday Effect). As a result, 3 buried features were not detected until vacuum excavation was performed. CobbFendley crews used a coring machine to cut the sidewalk on the first two locations. Even using a new core bit,this process took significantly longer than usual.Partially this problem was caused by coring through rebar,but also the aggregate in the concrete seemed a lot harder and more challenging to cut than usually encountered. CobbFendley made the City aware of the problem and obtained permission to use a concrete saw and jack hammer to excavate the remaining locations. Chris Hale Page 3 of 5 CobbFendley ADDENDUM1 ATTACHMENT 4 SHEET 3 OF 5 Vacuum excavation crews excavated each identified location. CobbFendley provided results in an email to FNI on August 30 2017. The results were summarized in the table below. Test hole numbers corresponds to the pdf plan set,attached.Text from the email is also provided below. Additional notes were made if something was encountered in the hole. Test Hole Comment 1 Cleared to depth of 5.7ft 2 Cleared to depth of 5.5ft 3 Encountered what may be a smooth concrete surface potentially art of electric vault at 0.65ft 4 Encountered what appeared to be metal pipe at 2ft depth 5 Encountered what appeared to be concrete (possibly concrete cap on adjacent gas line 6 Cleared to depth of 5.7ft 7 1 Cleared to depth of 5.4ft The holes in locations 3,4 and 5 encountered items that we did not initially detect when we swept the area around each proposed test hole.There appears to be re-bar in the sidewalk that makes locating difficult. • TH3: to confirm the size of the electric vault under the sidewalk,its recommended that an AEP representative take measurements inside the manhole. As per company policy CobbFendley employees cannot enter power vaults (the power company wouldn't allow it anyway)but these measurements would be the most accurate way of determining the extent to which the vault is in conflict with the pole location TH3 u _ Chris Hale Page 4 of 5 ���• CobbFendi e T ADDENDUM 1 •` v v 1 y ATTACHMENT 4 SHEET 4 OF 5 • TH4: There was no evidence of this line beimg present when we did the sweep.We couldn't determine the diameter of it but it appears to be at least twice the size of the 12 inch hole. See attached photo. This pipe seems like it crosses the sidewalk. TH4 r ' f F ' L - • TH5: We don't have a good photograph of the stabilized sand/concrete encountered in TH5,but the closest utility is a gas line that ma have a concrete ca on it in the areas of the bend on the line. TH5 4, i J 4 Ala>a Chris Hale Page 5 of 5 N CobbFeridley ADDENDUM1 ATTACHMENT 4 If you have any questions or comments,please do not hesitate to contact us. SHEET 5 OF 5 Sincerely, COBB, FENDLEY&ASSOCIATES,INC. Richard Clarke Project Manager Attachments: pdf of test hole layout with comments. Originally provided to FNI on August 30 2017 CGNSULLVB'S SKEET Na TESTING SCHEDULE FER PRDIEM:CQR16131 BASE BID-ESTIMATED QUANTITIES-TGTALS AM(1)1 ARM 11' - 6 S DESCRIPTION RATE EST.QUANTITY EM DESCRIPtION UNIT R n lI n v IDLs. o...e 1 m n�E PART GENERAL z8 l) f ) sANDARD PRocVOR TRENa eACI:FLL PER NIIAFARF sHURCE ��eA. g .P 1 >ax1 IS f ) T sueoreAHE � - Ea T srANHAreH Preoc ore PEre sreEE AS os NCE_ _ _ Ls ao () { ) _ En a SUATEs T-11.—ILL I zoo v*reervcre/un io Al DEMOLT ON Ls i E3i smF ss PLn IIx A'.UA)'UM _ En s suecreaDE(sTRLrr) P FENT iME(n - of mR UEwnn) DwEn�, tie DAY 1 EASE EA sD RENSTEs PER zoo LE As suave:TRIP MONUMENT En z E1e RADARCALEAT PRESEHtE DETERHR DENS,ES SDRDRA PERZDR UEwAr s' D" ENS,ES EDRDwWE(S DEw,Ns) ok nu)ADTusTEEENn - BY AS DPM o En 1 Els H FARM DAMP H6 PLATE EA NO EL A E E CAA ASE T...OP. 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E c uA w U ATEIw''{(3sEC)HCsIRA AD P7 N Ell SIG,SEC(12-1 FEDIORN.IN ME AD Q ON C7 GET III IRA ADW Q Z B22 Ell SIG,SEC(12-1 FEE(RED 0 °N Q Z RA N s` B23 TRIn ( )(11_AWAHeoCON AN LP Ema — o z o aw M 11 F A q)B25 INS IN _ _ IRA 1 Mq)iAAMRa) AOOENOOMi Z¢ ATTACHMENT 5 Q SHEET 1 OF 1 O Q U Z GO U SHEET 5 Gr 66 Em m RECORD BRaR'RI0 N0. '1111 STR-934 CRI PRESERTF/E15108 ClbVAS7 Report Created On:2/14/2018 2:36:10 PM PROJECT: E15108 Downtown Street Traffic Signals and Area Improvements(Bond 2014) BIDDER: Siemens Industry Inc TOTAL BID: $2,989,286.00 COMPLETION TIME: Not Required BIDDER INFO: 9225 Bee Cave Road Building B, Suite 101 Austin,TX 78733 P: 978-430-3086 F: 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings Specifications,and Contract Documents,this Bid Proposal is submitted by Siemens IM;stry, Inc. (type or print name of company) on: February 14,2018 at 2:00 PM for Downtown Street Traffic Signals and Area Improvements(Bond 2014)—Project No. E15108. 1.02 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-Downtown Street Traffic Signals and Area Improvements(Bond 2014), Project No. E15108 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 003000-1 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt 1 02/09/2018 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. Bid Acknowledgement Form 003000-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 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 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 Bid Acknowledgement Form 003000-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 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. 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 210 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 240 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. Bid Acknowledgement Form 003000-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 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. 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 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 Rev 01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Siemens Industry, In . (typed or pri t f 11 le 1 name of Bidder) By: (individual's signature) Marcus Welz Name: (typed or printed) Title: Vice President, ITS (t or rinted) Attest: q1' — I^- ivldua s signature) State of Residency: Texas Federal Tax Id. No. 13-276-2488 Address forgiving notices: 16560 Air Center Blvd. Houston, TX 77032 Phone: 281-443-9900 Email: michelle. flynn@siemens . 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,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Downtown Street Traffic Signals and Area Improvements(Bond 2014)—E15108 ReV01-13-2016 DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT KEVIN RIDDETT AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MATTHIAS SCHLELEIN I Mobility Management Urban Transport I Mainline Transport Intelligent Traffic Systems Rail Electrification Customer Services SIEMENS INDUSTRY, INC.--MOBILITY DIVISION A. The undersigned Kevin Riddett, President and Matthias Schielein,Vice President,Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the"Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and'Vice President Finance&Business Administration to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s)may exercise such authority for and on our behalf up to$10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position John Paljug Marsha Smith VP—MM Senior Director FBA—MM Michael Cahill, Christopher Halleus, VP—UT&MLT FBA—UT&MLT Robin Stimson Michael Tyler VP UT&MLT MK&S Senior Director FBA—CS Chris Maynard Madeline Rodriguez VP—CS Director, LM Steffen Goeller Miriam Scheer VP—TPE FBA—TPE Dave Ward James Thornton VP—LM Head of Procurement MO Marcus Welz Rajarshi Ghosh VP—ITS ITS BA B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of$5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Douglas Dreisbach Catherine Wilson Director of Projects, MM Mana er, FBA—MM i i I Jack WilsonValerie Conway Sales MM Senior Director, SCM UT&MLT Steve Gitkin Jessica Shaiegan, Sales Director-ITS Director, Procurement—MM David Gutierrez Thomas Wiechert Director UT Director LR Luis Tondi Resta Stefan Fischer Director Products, MM Finance Manager, MM C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of$3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted In paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Tony Ritter Nikki Bassi Director, CS Director UT Reiner Martin Cathie Steele Director, CS Segment Controller CS UT Omid Akbarzadeh-Paydar Kim Swain Director, BG Segment Controller MC Mark Bennett Kelly Storin VP, Operations UT& MLT Segment Controller, BG Raymond Ginnell Carrie Hernandez General Project Manager LM&MC Manager, SPR Armin Kick Michelle Picard Director, HI Director UT&MLT Andreas Achhammer Mirko Giese -Manager,TPE Director HI BA Florian Walter Matthaeus Decker ' Director, CS Manager, SPR Steve Teal Craig Debevoise Director, ITS Service Projects Commercial, ITS Dimitrios Andrikos Director, Bid & Project Management, ITS D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation,the same documents as referenced in paragraph A, up to and including a transactional limit of$1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Stephan Klein, Tommy Charurat Director, MM Director, Performance Controlling LIT&MLT Paul Ellea, Sandra Kluthausen, Director, MM Commercial Manager, MM David Costello, Gisela Kaufmann Director, MM Controller, MM 2 Dave Jeanette Rudolf Wagner Manager, MM Performance Controlling, MO Jim Lyons Constanze Kutschki Sr. Manager, MM Manager, Order Management UT&MLT Jeff Balogh Ronald Staggs Sr. Director, MM Commercial Project Manager, UT George Long Mary Matos Director, Engineering UT&MLT Commercial Project Manager, UT Robert Martner Vesa Venttinen Senior Project Manager, LM Commercial Project Manager, UT Jeffrey Curran Alexander Jankowski Project Manager, UT Commercial Project Manager, UT Duane Kopp Christine Jaw j Project Manager, UT Commercial Project Manager, CS Ron VanHuuksloot Steffen Hertel Project Manager, UT Commercial Project Manager, LM Thomas Stehlik Larry Chen Project Manager, UT Commercial Project Manager, CS Viorel Aninoiu Kavita Patel Project Manager, UT Commercial Project Manager, CS Carsten Nebe Patrick Blackburne j Project Manager, UT Commercial Project Manager, UT&MLT Mark Anderson Christoph Hilgers Project Manager, CS Director, Operations Controlling UT&MLT Aaldrik Melting Manuel Schimhofer Project Manager, CS Commercial Project Manager, LM Jochen Woern Miriam Scheer Project Manager, CS Commercial Project Manager, CS Brad Bonn Christopher Smith Project Manager, CS Commercial Project Manager, UT Chander Khanna, Adam Huey Sr. Director, Manufacturing Processes Commercial Project Manager, LM UT&MLT Paul Aichholzer Thomas Koprowski Project Manager, LM Commercial Project Manager, BG Ibrahim Kalender Girish Gupta Project Manager, BG Commercial Project Manager, LM Barry Sidler Shailesh Malgaonker -Program Manager, CS Director of Operations, TPE Christopher Romeo • Amy Morrison -Operations Manager, ITS Commercial Project Manager,TPE Luis Correia David Spence Project Manager, CS Commercial Project Manager, ITS Trine Boedker Jensen Sabine Andrikos -Project Manager, CS Commercial Service Manager, ITS Michael Hutchens Natalie Maga -Operations Manager, ITS Commercial Project Manager, MM William Tucker Matthew Chalmers -Operations Manager, ITS Commercial Project Manager, MM Christopher Mcelroy Solomon Lee Service Account Manager, ITS Commercial Project Manager, MM Gerhard Leitner David Sarles Field Engineering Management, CS Procurement Commodity Manager, MM Ivan Bukin Stuart Adler Project Manager, CS I Project Procurement Manager, MM Brian Duch Joel Nielsen Project Manager, CS Commercial Project Manager, UT 3 Kevin McGrew Carlijn Goldberg Director, Quality UT&MLT Commercial Project Manager,BG Goutham Lingannagari Matthew Chalmers Senior Manager Projects, ITS Finance Manager, MM David Scott James Hryniewicz Branch Manager, ITS Commercial Bid Manager, TPE Jamil Nasir Daria Lesnykh Engineering Director MM Commercial Project Manager, CS Ben Linden Senior Director Carborne Engineering, i MM Stephen Spratt Project Manager, TPE David Mortimer Project Manager,TPE Christopher Hammett Project Manager, TPE Teal Shoop Project Manager,TPE Joshua Cardin Project Manager, TPE Abhinav Mitra -Project Manager, TPE Christopher Giesch Production Controller,TPE E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation,the same documents as they are referenced in paragraph A, up to and including a transactional limit of$250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position Name/Position Diana Johnson Claudia Thiele Bid Manager, ITS Commercial Project Manager, ITS John Billings Bid Mana er ITS David Love Sales Manager, ITS Brett Tharp Project Manager,TPE Mark Godsey Project Manager, TPE F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two(2)of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions,whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of 4 such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. L It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency;authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF,we have hereunto subscribed our names and affixod the corporate seal of the said Corporation,as of the 1stday of October,2016. Kevinrnlnh, Pres' Si' stry, Inc. Mo fty Division til e:t Matthias Schlelein Vice President, Finance and Business Administration Siemens Industry, Inc. 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Q F- Cd) 41 � N�ai0. � U �� � L L E°Vf= t . 12 m�QL3iotfIL ui E c E Baa 0)0 `0 mm rno)rn0)MM0 0 rnrn o a_ca w U~ vc f0vnsGL Cr- ,amLLoLLaCcc (com p . a N m d� O d (+ IN—m cG 6 rQ4'i wEE `o `: c:c"oc�c' Ea'i 'id)id)imENd)id, (6 m m y y E E E c•�•E m E ._•�V E a� [n U Ea � EE'�ifA —rdoocc 4) c0EEEEEE _0o E p r�� oli000�aoaacn000)mwu�tiUa 11 CL a n c�u�a a � •c 0 0 rn .� o 12 E No a dmo,oc'� osoN*0Es U U mzy mmE pN C 'co c a_N�NU m ao acoc (D N 0-0c R�(aa o 9 Z c m a m ccN 0.1ff❑ m - 7 dom �°yern � Ec � tw E gV12 'r -, UUQa-UooU(OD 05ammACn0UrU00m2 o� N a; v g E " wy cv v -0 avv N C C 01 01010 Ai o'�, o '0 0 0 o m m m ami m abi w ami ami N ami N ami aroi ami w ami ami O1 0� A-aN e� CL € m-5-6-5 0 4Ei w v m m v v v v v v v v v v v v v °v v v v v v L N E w 3 (o OF LL��tQQ�44 aGa!OCalcCQQQdQQQdQQQ<t+000QQQ m 1 Li� .a _.` N d J r• L M Y O flf o �cntn � �rncnv�w0. rnu�cn rnrn� �aaw..aaaaaa�nma(L o o Lam' E � C7 E h F ~ ~~5 5E r r r r r r r r U F r r =).s r U N , p J 02 U a (q v rOnQQ mmmmUUUU0000000a0000nooaonoowww �����-rc� 3 Report Created On:2/14/2018 2:36:10 PM BID TOTALS BASE BID Total General $211,232.00 Street Improvements $292,850.00 A.D.A Improvements $258,609.00 Storm Water Drainage Improvements $359,950.00 Signalization Improvements $1,866,645.00 Total $2,989,286.00 BASE BID General No. Description Unit Qty Unit Price Ext Price Al Mobilization(5% Max) LS 1 $144,535.00 $144,535.00 A2 Bonds and Insurance LS 1 $1,129.00 $1,129.00 A3 Demolition LS 1 $25,407.00 $25,407.00 A4 Ozone Day DAY 1 $2,422.00 $2,422.00 A5 Survey Monument EA 2 $787.00 $1,574.00 A6 TCP Plan and Prep EA 2 $1,916.00 $3,832.00 A7 TCP Mobilizations/Adjustments EA 2 $1,916.00 $3,832.00 A8 TCP Items(Signs,Barricades, MO 7 $1,916.00 $13,412.00 Channelizing Devices,etc.) A9 Sign Boards EA 4 $1,916.00 $7,664.00 A10 Temporary Signalization(Per EA 2 $1,916.00 $3,832.00 Intersection) All Silt Fence for Storm Water Pollution LF 200 $11.00 $2,200.00 Prevention Al2 Curb Inlet Protection EA 65 $11.00 $715.00 A13 Storm Water Pollution Prevention Plan LS 1 $678.00 $678.00 Sub Total: $211,232.00 Street Improvements No. Description Unit Qty Unit Price Ext Price B1 Eradicate Existing Crosswalk LF 60 $24.00 $1,440.00 B2 Unanticipated Concrete Sidewalk SF 2000 $53.00 $106,000.00 Removal and Repair CIVCAST Report Created On:2/14/2018 2:36:10 PM Street Improvements No. Description Unit Qty Unit Price Ext Price B3 Unanticipated Concrete Pavement SY 250 $229.00 $57,250.00 Removal and Repair B4 Refl. Pavement Marking Type 1 (Y) LF 360 $22.00 $7,920.00 (4")(DBL)(SOLID) B5 Refl. Pavement Marking Type 1 (W) LF 720 $22.00 $15,840.00 (4")(SOLID) B6 Refl. Pavement Marking Type 1 (W) LF 3000 $22.00 $66,000.00 (12")(SOLID) B7 Prefab. Pavement Marking Type 1 (W) LF 800 $23.00 $18,400.00 (24")(SOLID) B8 Allowance for Unanticipated Street LS 1 $20,000.00 $20,000.00 Improvements Sub Total: $292,850.00 A.D.A Improvements No. Description Unit Qty Unit Price Ext Price C1 4"Concrete Sidewalk SF 1160 $109.00 $126,440.00 C2 Ped. Pole Assembly EA 31 $1,135.00 $35,185.00 C3 Ped. Detect Push Button(APS)w/ EA 72 $886.00 $63,792.00 R10-3E sign C4 Ped. Sig.Sec. (LED)(Countdown) EA 72 $461.00 $33,192.00 Sub Total: $258,609.00 Storm Water Drainage Improvements No. Description Unit Qty Unit Price Ext Price D1 6"Concrete Curb&Gutter LF 150 $169.00 $25,350.00 D2 4"Thick Non-reinforced Concrete Fill SF 525 $628.00 $329,700.00 D3 Unanticipated Curb&Gutter Removal LF 100 $49.00 $4,900.00 Sub Total: $359,950.00 Signalization Improvements No. Description Unit Qty Unit Price Ext Price E1 Drill Shaft(Trf.Sig. Pole)(24") LF 36 $543.00 $19,548.00 (Temporary Casing may be required) E2 Drill Shaft(Trf.Sig. Pole)(36")with LF 474 $543.00 $257,382.00 Temporary Steel Casing CIVCAST Report Created On:2/14/2018 2:36:10 PM Signalization Improvements No. Description Unit Qty Unit Price Ext Price E3 Conduit(PVC)(Sch. 40)(2") (Under LF 1656 $41.00 $67,896.00 Roadway) E4 Conduit(PVC)(Sch.40)(2") LF 188 $25.00 $4,700.00 E5 Conduit(PVC)(Sch.40)(3") LF 1104 $25.00 $27,600.00 E6 Conduit(PVC)(Sch.40)(4")(Under LF 1656 $52.00 $86,112.00 Roadway) E7 Conduit(PVC)(Sch.40)(4") LF 135 $25.00 $3,375.00 E8 Elec.Condr. (No.6)Bare LF 2796 $2.00 $5,592.00 E9 Elec.Condr. (No.6)Insulated LF 447 $2.00 $894.00 E10 Elec.Condr. (No. 12)Insulated LF 9642 $2.00 $19,284.00 E11 Tray Cable(4 Condr.)(12 AWG) LF 1936 $4.00 $7,744.00 E12 Ground Box Type D(162922)W/ EA 51 $1,177.00 $60,027.00 Apron E13 Remove& Replace Ground Box EA 6 $1,177.00 $7,062.00 E14 Remove and Salvage Flashing EA 2 $1,048.00 $2,096.00 Beacon Assembly E15 Remove Controller Cabinet and EA 9 $1,235.00 $11,115.00 Foundation E16 Remove Traffic Signal Pedestal Pole EA 27 $487.00 $13,149.00 E17 Remove Traffic Signal Pedestal Pole EA 4 $1,048.00 $4,192.00 and Foundation E18 Install Highway Traffic Signal EA 9 $1,886.00 $16,974.00 (Isolated) E19 Back Plate(12")(3 SEC) EA 60 $99.00 $5,940.00 E20 Veh.Sig.Sec. (12")LED(Grn.) EA 60 $215.00 $12,900.00 E21 Veh.Sig.Sec. (12")LED(Yel.) EA 60 $215.00 $12,900.00 E22 Veh. Sig.Sec. (12")LED(Red) EA 60 $215.00 $12,900.00 E23 Trf. Sig. Cbl.(Type A)(14 AWG)(20 LF 6071 $20.00 $121,420.00 Condr.) E24 Ins.Trf. Sig.PL AM (S) 1 Arm (24') EA 1 $5,951.00 $5,951.00 E25 Ins.Trf.Sig.PL AM (S) 1 Arm (28') EA 8 $6,259.00 $50,072.00 E26 Ins.Trf. Sig.PL AM (S) 1 Arm (32') EA 1 $7,047.00 $7,047.00 E27 Ins.Trf.Sig.PL AM (S) 1 Arm (32') EA 11 $8,165.00 $89,815.00 Lum. E28 Ins.Trf. Sig.PL AM (S) 1 Arm (36') EA 2 $7,334.00 $14,668.00 E29 Ins.Trf.Sig.PL AM (S) 1 Arm (36') EA 2 $8,582.00 $17,164.00 Lum. CIVCAST Report Created On:2/14/2018 2:36:10 PM Signalization Improvements No. Description Unit Qty Unit Price Ext Price E30 Ins.Trf. Sig.PL AM (S) 1 Arm (40') EA 4 $9,336.00 $37,344.00 Lum. E31 Ins.Trf.Sig. PL AM (S) 1 Arm (44') EA 1 $9,777.00 $9,777.00 Lum. E32 ILSN(LED)(8)(S) EA 30 $3,065.00 $91,950.00 E33 Radar Presence Detector EA 36 $5,676.00 $204,336.00 E34 Radar Presence Detector Comm. LF 2587 $4.00 $10,348.00 Cable E35 Mast Arm Damping Plate EA 30 $380.00 $11,400.00 E36 0.25 KW EQ LED Luminaire EA 18 $788.00 $14,184.00 (TRAFFIC SIGNAL) E37 Camera PTZ(Petco Spectra EA 5 $7,149.00 $35,745.00 Enhanced Series) E38 Ethernet Cable CAT 6 for PTZ LF 321 $2.00 $642.00 E39 Radio&Antenna(Mimosa) EA 24 $4,704.00 $112,896.00 E40 Radio Antenna Cable CAT 6 LF 2163 $2.00 $4,326.00 E41 Electrical Service and Cabinet with EA 9 $4,961.00 $44,649.00 Foundation E42 Controller Cabinet(TS-2)with EA 9 $10,719.00 $96,471.00 Extension E43 Controller Foundation EA 9 $1,967.00 $17,703.00 E44 Controller Econolite Cobalt EA 9 $3,658.00 $32,922.00 E45 Traffic Signal Louver(12") EA 36 $202.00 $7,272.00 E46 Ethernet 4000 Switch EA 9 $273.00 $2,457.00 E47 Uninterruptible Power Supply with EA 9 $6,697.00 $60,273.00 Cabinet E48 Acyclica Road Trend,Power/Comm EA 9 $5,455.00 $49,095.00 Cable and 2.4GHz Antenna E49 24" Decorative Medallion with EA 18 $2,352.00 $42,336.00 Mounting Hardware E50 Allowance for Unanticipated LS 1 $15,000.00 $15,000.00 Signalization Improvements Sub Total: $1,866,645.00 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. El Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® 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: Siemens Industry, Inc (tu r rnt ) By: (signature--attac Vevwidence of authority to sign) Name: Marcus Welz (typed or printed) Title: Vice President, ITS Business address: 16560 Air Center Blvd Houston, TX 77032 Phone: 281-443-9900 Email: marcus .welz@siemens.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCfI'F— .� PURCHASING DIVISION Co "MCITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Christi 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: Siemens Industry, Inc. P.O.BOX: STREETADDRESS: 16560 Air Center Blvd CITY: Houston ZI[P:77032- FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other If additional space is necessarDISCLOSURE QUESTIONS y,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." N/Name 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 Title N/A 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." N/A ame 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." N/Mame Consultant City of Corpus Christi 00 30 OS-1 Disclosure of interest Rev01-13-2016 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)] 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 hristi,Texas as changes occur. Certifying Person: Marcus Welz Title: Vice President, ITS (Typo or Pring Signature of Certifying Date: 02/14/2018 Person: 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. f. "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: Downtown Street Traffic Signals and Area Improvements (Bond 2014) Project No. E15108 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. Siemens Industry, In . Company Name: ty e r tinted By: (signature--attach evidence of authority to sign) Name: Marcus Welz (typed or printed) Title: Vice President, ITS Business address: 16560 Air Center Blvd Houston, TX 77032 Phone: 281-443-9900 Email: marcus .welz@siemens .com END OF SECTION Non-Collusion Certification 003006-1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 11-25-2013 Document A310TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bond Number: 79434433-LIB-18-10 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nmne, legal status and principal place of business) Siemens Industry Inc. Liberty Mutual Insurance Company 9225 Bee Cave Road,Building B,Suite 101 175 Berkeley Street Austin,TX 78733 Boston,MA 02116 This document has important legal State of Inc:Massachusetts consequences.Consultation with OWNER: an attorney is encouraged with (Nmne,legal status and address) respect to its completion or City of Corpus Christi modification. 1201 Leopard Street Any singular reference to Corpus Christi,TX 78401 Contractor,Surety,Owner or other party shall be considered BOND AMOUNT: Five Percent of Amount Bid (5%) plural where applicable. PROJECT: (Name,location or address,and Project number,if any) DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPROVEMENTS(BOND 2014)PROJECT NUMBER E15108 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement iLe of the 1 any provision in this Bond conflicting with said statutory or legal requirement shall be dehereto provisions conforming to such statutory or other legal requirement shall be deemed incorn.W furnished,the intent is that this Bond shall be construed as a statutory bond and not as a cond.Sig ed and sealed this 14th day of February 2018 SieInc. LPA CA � (Principa/)���� ( Hess �� (Title) _ Liberty Mutual InsurpncefComgany hl (Suret (Seaq c '6 s :CQ ,ter (Wit eSS� Cynthia L.Chorea (Title) Brittany D.Clavin Attorn yin-Fact ACKNOWLEDGMENT BY SURETY STATE OF Missouri } City of St. Louis 1 SS. On this 14th day of February � 2018 ,before me personally appeared Brittany D. Clavin ,luio-mi to me to be the Attorney-in-Fact of Liberty Mutual Insurance Company the corporation that executed the within instrument, and acknowledged to me that such corporation executed die saine. IN -\VITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office ui the aforesaid County,the day and year in this certificate first above written. -R, 4AaVilk Jo a R. Franli My Commission Expires: Tune 20, 2018_ Notary Public in the State of Missouri (Seal) City of St. Louis JaANrl R.N R.FakriK Commission#14395672 Notory Public, Notary Seal J y C'ornrn < n � I4agryf79 My Comrnls n �>oi ��Juni ZO 2018 S-0230/GEEF 2/98 THIS POWER OF ATTORNEY 1S NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7704091 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company I POWER OF ATTORNEY 3 KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that j Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, j Brittany D.Glavin;Cynthia L.Choren;Debra C.Schneider;Heidi A.Notheisen;JoAnn R.Frank;Karen L.Roider;Kelsey M.Jones;Pamela A. Beelman;Sandra L.Ham all of the city of St.Louis state of MO each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall i be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of March 2017 tC The Ohio Casualty Insurance Company N o :.> Liberty Mutual Insurance Company a� i31' 1991 West American Insurance Company N d1 ,. ,, .. y' B d O STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary ++ COUNTY OF MONTGOMERY C tt5 dOn this 30th day of March , 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance aCompany,The Ohio Casualty Company,and West American Insurance Company, and that he, as such,being authorized so to do,execute the foregoing instrument for the purposes O_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. tcs = > IN WITNESS WHEREOF,t have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the d��/�}}a''y and year first above written. O £ Ps3g7 COMMONWEALTH OF PENNSYLVANIA %�� O C -13 Notarial Seal y-It W H x Teresa Pasteila,Notary Public By. 10 L °� j Upper MerionTv+p.,Montgomery County Teresa Pastella,Notary Public 4 y� Y i My Commission Expires March 28,2021 3: M avG>1at fit, O (D. 471i r, � Member,Penrmylvania Association of Notaries d tC C tp This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 o Qj} Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: L e r� L ARTICLE IV—OFFICERS Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing bythe Chairman or the President,and subject O = 4) to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �-+� O,E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective La 17— y^ powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so r O ®� executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a.,N = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0 > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O 00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o I executed such instruments shall be as binding as if signed by the president and attested by the secretary. O T- Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casu.,tty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and affect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4th day of February 20 18 191 r 991 )5 By. r ) Renee C.Lie we Assistant Secretary t 807 of 2000 LMS 12873 022017 Liberty LIBERTY MUTUAL INSURANCE COMPANY MUtUal FINANCIAL STATEMENT—DECEMBER 31,2016 SURETY Assets Liabilities Cash and Bank Deposits......................................... $1,092,914,837 Unearned Premiums................................................$6,929,723,299 *Bonds—U.S Government..................................... 1,406,763,970 Reserve for Claims and Claims Expense................. 17,233,877,300 *Other Bonds............................................................ 11,379,916,523 Funds Held Under Reinsurance Treaties................. 208,362,823 Reserve for Dividends to Policyholders.................. 944,909 *Stocks..................................................................... 10,349,761,988 Additional Statutory Reserve.................................. 39,649,905 Real Estate.............................................................. 290,265,760 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums........... 4,709,977,463 Other Liabilities................................................ 3,061,117,958 Accrued Interest and Rents..................................... 112,757,395 Total.................................................................$27,473,676,194 Other Admitted Assets.............................................. 14,659,523,751 Special Surplus Funds................. $95,257,334 Capital Stock............................... 10,000,000 Paid in Surplus............................ 9,229,250,104 Unassigned Surplus..................... 7,193,698,055 Total Admitted Assets.....................................$44,001,881,687 Surplus to Policyholders............................... 16,528,205,493 Total Liabilities and Surplus.................................S44,001,881,687 F Fo * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial m)�9rSACH�S �� statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2016,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 23`d day of March,2017. 1 Assistant Secretary S-1262LMIC/a 3117 Report Created On:2/14/2018 2:36:11 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Michelle Flynn 02/14/2018 10:24:41 AM Report Created On:2/14/2018 2:36:11 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E15108 Specifications 2/06/2018 1:54:07 PM Plans E15108 Plans 2/06/2018 3:40:13 PM Other E15108 Bidders Worksheet 2/06/2018 3:44:50 PM Bidders Pre Bid Attendance Roster 2/06/2018 3:44:38 PM Addenda Addendum#1 2/09/2018 2:59:27 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on April 10,2018, is between the City of Corpus Christi (Owner) and Siemens Industry, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Downtown Street Traffic Signals and Area Improvements(Bond 2014) Prosect No. E15108 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N.Shoreline, Suite 160ON Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 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. 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 Agreement 005223- 1 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,000 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$1,000 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. Total Base Bid Price $ 2,989,286.00 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. 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. Agreement 005223-2 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 C. Payment will be made for the amount determined per Paragraph 5.02.6, 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. 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; Agreement 005223-3 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 Agreement 005223-4 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 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 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI D'gnany s'0eea ay Reeeeea Heer�a ///�/� /J Digitally signed by Jeff Edmonds Rebecca H u e rta°N Re�°ea,°e°a e@.d-Demes CM1r's1'°°=D'ry �\,I��GK4��y/ // em—Jeff Edmonds,@cctex s.—Engineering, -Uneenn9, secretary,emaa=reeeeeah@ede.ae.e°m,c=us /-!Y'�, email=jeHr'ye@cctexas.com,-US Date:2018.¢4.25 12:00.38-0soo' Date:2018.04.25 09:02:08-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-050 AUTHORIZED APPROVED AS TO LEGAL FORM: 4/10/18 BY COUNCIL D'0'tany s'geed by RW ML 2018.04.23 19:38:15 0500 D RH/M L °Na°moo @�e as omary_osD'tys ,etary D-2018.04.25 11-.5446-0500' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Buchfuehrer David Buchfuehrer David °N e°=Buch,,chf"h-15. sleme°s, Deell=5evld h°eh1°ehrer@sle m es°n_cFO13 men44405i0 Siemens Industry, Inc. De[e_2018 04 13 15 24 44-0500' (Seal Below) By. Welz Marcus DN�erial°S�em—b-000I e 000M N eaName=Marcus, Date'.2018.04.13 21:55:3]-05'00' Note: Attach copy of authorization to sign if Title: CEO Siemens Mobility ITS person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 16560 Air Center Blvd. Financial Officer Address Houston, Texas 77032 City State Zip 281/443-9900 Phone Fax Michelle.flynn@siemens.com Entail END OF SECTION Agreement 005223-6 Downtown Street Traffic Signals and Area Improvements(Bond 2014) E15108 Rev 06-22-2016 00 6113 PERFORMANCE BOND BOND NO. 015202897 Contractor as Principal Name: Siemens Industry, Inc. Mailing address (principal place of business): 16560 Air Center Blvd. Houston, TX 77032 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Downtown Street Traffic Signals and Area Improvements (Bond 2014) Project No. E15108 Award Date of the Contract: April 10, 2018 Contract Price: $2,989,286.00 Bond Date of Bond: April 20, 2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Liberty Mutual Insurance Company Mailing address (principal place of business): 175 Berkeley Street Boston, MA 02116 Physical address (principal place of business): 175 Berkeley Street Boston, MA 02116 Surety is a corporation organized and existing under the laws of the state of: Massachusetts By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 617-357-9500 Telephone (for notice of claim): 206-473-6210 Local Agent for Surety Name: Marsh USA Ins. Address:445 South Street Morristown, NJ 07962 Telephone: 973-401-5024 Email Address: marisol.mojica@marsh.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Performance Bond 00 6113 -1 Downtown St Traffic Signals and Area Impr (Bond 2014) PN E15108 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 Signature: PrincipalSurety z. Liberty 1 Signature: utual Insura Company 1..A LA Name: W)\\1 Tut c Name: Kris in S. Bender Title: C (DC'5 Pam{' Title: Attorney-In-Fact Email Add ress:L)46,01\A-UtAA:N Email Address: kristin.bender@marsh.com ,�Cg 6\-eroeos _ e_cry-\ • ,j % fir .r.^'_.,•, (Attach Power of Attorney and place surety seal below) 1, ` J, .-4 5."3 ! . + �• _s ° r' .' - ✓�r . •YI.J� ✓ f '_' END OF SECTION Performance Bond Downtown St Traffic Signals and Area Impr (Bond 2014) PN E15108 00 61 13 - 2 7-8-2014 • (•g .'r C '�'• , • 4 r. -. 2. • • • • • truer • , • y; s — 1 State of NJ County of Morris } Ss: On April 20, 2018 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Jessica Iannotta known to me to be Attorney -in -Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 4/15/2021 ssica annotia Notary Public LNotary SSICA IANNOTTA ission # 5-D036544 lic, State of New Jersey mmission Expires prIl 15, 2021 • • t"; l ill • •„; f •"*.. • 1J !• J1 LZ .1t•�(`• ii.!.:, ,.%(1 : �1 .I.1\lt.7 �. n•f3^ .L t` i�1 irk to d a) ▪ s 7 v• 0 ry 0 a cD L > _ 3 ▪ 0 C 'N coO a;o �+ d c� r▪ r c E -� CO c >46 Zo THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8058939 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, James P. Holland; William G. Morrissey; Kristin S. Bender; Jessica Iannotta; Annette Leuschner; Marisol Mojica; Kelly O'malley; April D. Perez all of the city of Morristown , state of NJ each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of April 2018 . STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Y David M. Care , Assistant Secretary On this 9th day of April 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. gP Pa ST COMMONWEALTH OF PENNSYLVANIA LIP odaAN 6"7 OF Notarial Seal Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires March 28, 2021 Member. Pennsylvania Association at Notaries Bv: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety arty and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the origin t;powerpf attorney of -which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked'' • s j IN TESTIMONY WN OP lbv*tee> t my hand and affixed the seals of said Companies this 20 th day of , April , 2018_ . LMS 12873 022017 By: :a4041#. Renee C. Lle , ssistant Secretary 10 of 100 Liberty Mutual. SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2017 Assets Cash and Bank Deposits S370,003,299 *Bonds — U.S Government 1,331,664,975 *Other Bonds 11,127,053,004 *Stocks 16,367,850,688 Real Estate 272,895,626 Agents' Balances or Uncollected Premiums 5,258,657,823 Accrued Interest and Rents 100,341,596 Other Admitted Assets 11,192,287,530 Total Admitted Assets X46,020,754,541 Liabilities Unearned Premiums S7,503,154,587 Reserve for Claims and Claims Expense 19,658,731,454 Funds Held Under Reinsurance Treaties 224,693,828 Reserve for Dividends to Policyholders 967,520 Additional Statutory Reserve 52,491,027 Reserve for Commissions, Taxes and Other Liabilities 4,049,392,852 Total $31,489,431,268 Special Surplus Funds $176,230,822 Capital Stock 10,000,000 Paid in Surplus 9,484,316,385 Unassigned Surplus 4,860,776,066 Surplus to Policyholders 14,531,323,273 Total Liabilities and Surplus i46,020,754,541 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2017, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 16`11 day of March, 2018. -T-ootta, Assistant Secretary S-1262LMIGa 3/18 Lier.y. Mutual, Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the 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 document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 Liberty y MUtUh2l NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION 0 REALIZAR UNA QUEJA: Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a la .siguiente direccion: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a.tdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la compania de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 r , 00 61 16 PAYMENT BOND BOND NO. 015202897 Contractor as Principal Name: Siemens Industry, Inc Mailing address (principal place of business): 16560 Air Center Blvd. Houston, TX 77032 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Downtown Street Traffic Signals and Area Improvements (Bond 2014) Project No. E15108 Award Date of the Contract: April 10, 2018 Contract Price: $2,989,286.00 Bond Date of Bond: April 20, 2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Liberty Mutual Insurance Company Mailing address (principal place of business): 175 Berkeley Street Boston, MA 02116 Physical address (principal place of business): 175 Berkeley Street Boston, MA 02116 Surety is a corporation organized and existing under the laws of the state of: Massachusetts By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 617-357-9500 Telephone (for notice of claim): 206-473-6210 Local Agent for Surety Name: Marsh USA Ins. Address:445 South Street Morristown, NJ 07962 Telephone: 973-401-5024 Email Address: marisol.mojica@marsh.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 00 6116 -1 Downtown St Traffic Signals and Area Impr (Bond 2014) PN E15108 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor aPrincipal Signature: Name: Title: Email Address:cui c'AlVQ,rn ra $\Qmos. U r Surety Liber utual Insura Com. any Signature: Name: Kri tin S. ender Title: Attorney -In -Fact Email Address: lcristin.bender@marsh.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Downtown St Traffic Signals and Area Impr (Bond 2014) PN E15108 006116-2 7-8-2014 State of NJ County of Morris } SS: On April 20, 2018 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Jessica Iannotta known to me to be Attorney -in -Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 4/15/2021 a Iannotta Notary Public 1 JESSICA IANNOTTA mmissi036644 NotaryoPubl c, Stan te of New Jersey, My Commission Expires AprII 15, 2021 ` ra o.r -J r. t .. i Jar ,j Y THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8058938 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, James P. Holland; William G. Morrissey; Kristin S. Bender; Jessica lannotta; Annette Leuschner; Marisol Mojica; Kelly O'matley; April D. Perez all of the city of Morristown , state of NJ each individually if there be more than one named. its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of April , 2018 . STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: David M. Care , Assistant Secretary On this 9th day of April 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Marion Twp.. Montgomery County My Commission Expires March 28.2021 Member. Pennsylvania Association of Notaries By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe. shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. , IN TESTIMONY-fB ItE'120. lhrOiettnto set my hand and affixed the seals of said Companies this 2O th day of April , 20 18 LMS 12873- 022017 By: Renee C. L!, ssistant Secretary 9 of 100 Liberty Mutual. SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2017 Assets Cash and Bank Deposits $370,003,299 *Bonds — U.S Government 1,331,664,975 *Other Bonds 11,127,053,004 *Stocks 16,367,850,688 Real Estate 272,895,626 Agents' Balances or Uncollected Premiums 5,258,657,823 Accrued Interest and Rents 100,341,596 Other Admitted Assets 11,192,287,530 Total Admitted Assets $46,020,754,541 Liabilities Unearned Premiums S7,503,154,587 Reserve for Claims and Claims Expense 19,658,731,454 Funds Held Under Reinsurance Treaties 224,693,828 Reserve for Dividends to Policyholders 967,520 Additional Statutory Reserve 52,491,027 Reserve for Commissions, Taxes and Other Liabilities 4,049,392,852 Total $31,489,431,268 Special Surplus Funds $176,230,822 Capital Stock 10,000,000 Paid in Surplus 9,484,316,385 Unassigned Surplus 4,860,776,066 Surplus to Policyholders 14,531,3231273 Total Liabilities and Surplus 846,020,754,541 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLX,JEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement o7 the Assets and Liabilities of said Corporation, as of December 31, 2017, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 16th day of March, 2018. Assistant Secretary &1262LM1C/a 3/18 Liberty I\1utuAl Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the 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 document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 Liberty. NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION 0 REALIZAR UNA QUEJA: Usted puede escribir Ia notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a Ia siguiente direccion: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectiontdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de Ia disputa es relativo a un reclamo, por favor contacte a la compania de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1,000,000 10/01/2018 N/A GLD1110109 Manashi Mukherjee X TWXJUB7440L33817 (OH & WA) NYC-010268480-02 1,000,000 TRKUB8049X51A17 (AZ, MA, OR & WI) X 25658 of Marsh USA Inc. N X10/01/2017 10/01/2018 25615 N/A N/A TC2JCAP7440L34A17 D 10,000,000 1,000,000 X ''''''''$500K LIMIT / $500K SIR'''''''' 25674 The Travelers Indemnity Company 1,000,000 X X 04/12/2018 MOBI 10/01/2017 10/01/2017 RE: E15108 X 10/01/2017 1201 LEOPARD STREET CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI The Charter Oak Fire Insurance Company SEE ATTACHED A C Travelers Property Casualty Co. of America 100129-MOBI--17/18 100,000 10/01/2018 2,000,000 B INCL. 41343 1,000,000 MOREA 1,000,000 X TC2OUB8049X50817 (AOS) 445 SOUTH STREET MARSH USA, INC. MORRISTOWN, NJ 07960-6454 MOBILITY DIVISION SIEMENS INDUSTRY, INC. BUFFALO GROVE, IL 60089-4513 1000 DEERFIELD PARKWAY 10/01/2017 ATTN: SYLVIA ARRIAGA C 10/01/2018 10/01/2018 HDI Global Insurance Company ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 22 � $1,000,000 ENVIRONMENTAL / POLLUTION LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. � Morristown � LIABILITY INSURANCE POLICIES. � � WAIVER OF SUBROGATION IS EFFECTUAL. � RE: E15108� �� CITY OF CORPUS CHRISTI IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE � Certificate of Liability Insurance 100129 IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO MARSH USA, INC.� MOBILITY DIVISION� SIEMENS INDUSTRY, INC.� BUFFALO GROVE, IL 60089-4513 1000 DEERFIELD PARKWAY� 25 THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. ��