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HomeMy WebLinkAboutC2017-531 - 8/8/2017 - Approved --- 2017-531 8/08/17 M2O17-111 Bay Ltd. 00 52 23 AGREEMENT This Agreement,for the Project awarded on August 8,2017 is between the City of Corpus Christi (Owner) and Berry Contracting, LP dba Bay.Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corona Dr.—Flynn to Everhart(Bond 20141 E13091 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas,78410 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,85 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 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 290 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 00 52 23-1 Corona Dr.—Flynn to Everhart(Bond 2014)E13091 Rev 06-22-20Th INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF CORONA DR., — FLYNN TO EVERHART ( Bond 20141), PROJECT' NUMBER: E13091 OF 100196 Noffm nuffinvw 109M munw, WMEM C It y of Corpus Christi GOVIND DEVELOPMENT, LLC TBPE Firm No. F-10101 9510 Leopard St. Corpus Christi, TX (361) 241-2777 Record Drawing Number STR 894 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 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 (Rev06-22-2016) 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 29 00 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 01 33 01 Submittal Register(Rev7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100- 1 Corona Dr. Flynn to Everhart(Bond 2014) E13091 Rev 06-22-2016 Division/ Title Section 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 02 10 20 Site Clearing&Stripping 02 10 40 Site Grading 02 10 80 Removing Abandoned Structures 02 2020 Excavation & Backfill for Utilities 02 2022 Trench Safety for Excavations 02 20 40 Street Excavation 02 20 60 Channel Excavation 02 20 80 Embankment 02 21 00 Select Material 02 24 20 Silt Fence 02 52 02 Scarifying and Reshaping Base Course 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 02 52 10 Lime Stabilization 02 52 23 Crushed Limestone Flexible Base 02 54 04 Asphalts, Oils, & Emulsions 02 54 12 Prime Coat 02 54 24 Hot Mix Asphalt Concrete Pavement 02 56 08 Inlets 02 56 10 Concrete Curb&Gutter 02 56 12 Concrete Sidewalks & Driveways 02 56 14 Concrete Curb Ramps 02 56 20 Portland Cement Concrete Pavement 02 56 80 Colored Concrete Pavement for Cycle Tracks 02 58 02 Temporary Traffic Controls During Construction 02 58 03 Traffic Signal Adjustments 02 58 05 Work Zone Pavement Markings Table of Contents 000100-2 Corona Dr. Flynn to Everhart(Bond 2014) E13091 Rev 06-22-2016 Division/ Title Section 02 58 07 Pavement Markings (Paint and Thermoplastic) 02 58 13 Preformed Thermoplastic Striping, Words & Emblems 02 58 16 Raised Pavement Markers 02 58 18 Reference Specification—TxDOT DMS-4200 Pavement Markers (Reflectorized) 02 58 28 Reference Specification—TxDOT DMS-6130 Bituminous Adhesive for Pavement Markers 02 62 01 Waterline Riser Assemblies 02 62 02 Hydrostatic Testing of Pressure Systems 02 62 06 Ductile Iron Pipe & Fittings 02 62 10 PVC Pipe—AWWA C900/C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains 02 62 14 Grouting Abandoned Utility Lines 02 64 02 Waterlines 02 64 04 Water Service Lines 02 64 09 Tapping Sleeves &Tapping Valves 02 64 11 Gate Valves for Waterlines 02 64 16 Fire Hydrants 02 72 02 Manholes 02 74 02 Reinforced Concrete Pipe Culverts 02 76 11 Cleaning and Televised Inspection of Conduits 02 80 20 Seeding 02 80 40 Sodding 02 82 00 Mail Box Relocation 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel 03 80 00 Concrete Structures 05 54 20 Frames, Grates, Rings, &Covers Part T Technical Specifications 10 00 01-T Signs 10 00 02-T Small Roadside Sign Assemblies 10 00 03-T Foundations for Traffic Control Devices 10 00 04-T Metal Beam Guard Fence TxDOT Item 540(Reference Specification) 10 00 05-T Excavation and Backfill for Structures TxDOT Item 400(Reference Specification) Table of Contents 000100-3 Corona Dr. Flynn to Everhart(Bond 2014) E13091 Rev 06-22-2016 Division/ Title Section 10 00 06-T Drilled Shaft Foundations TxDOT Item 416(Reference Specification) 10 00 07-T Steel Structures TxDOT Item 441 (Reference Specification) 10 00 08-T Metal for Structures TxDOT Item 442(Reference Specification) 10 00 09-T Galvanizing TxDOT Item 445 (Reference Specification) 10 00 10-T Structural Bolting TxDOT Item 447(Reference Specification) 10 00 11-T Anchor Bolts TxDOT Item 449(Reference Specification) 10 00 12-T Signalization, Illumination Specifications and Cut-sheets Appendix Title 1 Geotechnical Report 2 Subsurface Utility Engineering END OF SECTION Table of Contents 000100-4 Corona Dr. Flynn to Everhart(Bond 2014) E13091 Rev 06-22-2016 Division 00 Procurement and Contracting Requirements 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: Name of Project: Corona Dr.—Flynn to Everhart(Bond 2014) Owner's Project Identification No.: E13091 A. Reconstruct approximately 2870 LF of existing 2 lane roadway,curb and gutter,sidewalk, and driveways. Other improvements include ADA curb ramps, header curbs and bicycle tracks. B. Re-alignment of offset intersection (Corona Dr.,Tiger Ln. and Flynn Pkwy.)to a 4-way intersection. C. Construct new Island Gate Way from Corona Dr.to Island Gate Plaza D. Construct new 8" PVC waterline with new fire hydrant assemblies, laterals, and service connections. E. Reconstruct storm water inlets with extensions. Install RCP(18"to 48"diameter). F. Remove existing road side signs and replace with new signs and assemblies. G. Install new pavement markings. H. Install new signals(including foundation, pole and mast arm) at Everhart Rd. and Corona Dr. intersection. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $4,228,000.The Project is to be substantially complete and ready for operation within 270 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. Invitation to Bid and Instructions to Bidders 002113- 1 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than May 24,2017 Wednesday at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Corona Dr.—Flynn to Everhart(Bond 2014), Project No. E13091 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 May 24,2017 Wednesday at 2:00pm, at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. Invitation to Bid and Instructions to Bidders 002113-2 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on May 9, 2017 Tuesday at 9:30am at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. 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 Invitation to Bid and Instructions to Bidders 002113-3 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 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. Invitation to Bid and Instructions to Bidders 002113-4 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. 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 Invitation to Bid and Instructions to Bidders 002113-5 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 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. Invitation to Bid and Instructions to Bidders 002113-6 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume Invitation to Bid and Instructions to Bidders 002113-7 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.1: 1: s.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 httras://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. Invitation to Bid and Instructions to Bidders 002113-8 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. 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 Invitation to Bid and Instructions to Bidders 002113-9 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 Rev 01-13-2016 remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Corona Dr.-Flynn to Everhart(Bond 2014) E13091 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 Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental . Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required . Not Required Insurance Requirements 00 72 01- 1 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-2 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-3 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-4 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-5 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-6 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-7 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-8 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01-9 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 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 00 72 01- 10 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 Rev 06-22-2016 009101 ADDENDUM NUMBER 03 Project: CORONA DRIVE—FLYNN TO EVERHART(BOND 2014) Project Number: Owner: City of Corpus Christi E13091 city Engineer: J.H. Edmonds, P.E. Designer: Govind Development—Marcos Ybarra, P.E. ! Addendum No. 03 Specification Section: 00 9101 Issue Date: 5/19/17 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. AMovedabirectorof Engineering MAY 2-Ut7 Na a U Date Addendum Items: Section 00 30 01 Bid Form Part A—General(per Section 0129 01 Measurement and Basis for Payment) STRIKE OUT AND DELETE LINE ITEM A14 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgment Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgment Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. The time and location for the receipt of Bids remains unchanged. END OF ADDENDUM NO. 03 Addendum No. 03 009101-1 (Insert Project Number and Name) Rev 01-08-2016 C'I V(-,G\ ,"I Report Created On:5/24/2017 2:27:32 PM PROJECT: E13091 Corona Drive-Flynn Parkway to Everhart Road(Bond 2014) BIDDER: Bay Ltd TOTAL BID: $4,679,371.25 COMPLETION TIME: Not Required BIDDER INFO: 1414 Corn Products Rd. Corpus Christi,TX 78409 P: 361-537-4217 F:361-289-2304 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 Berry Contracting,LP dba Bay Ltd. (type or print name of company)on: May 24,2017 Wednesday at 2:00pm for Corona Dr from Flynn to Everhart Road (Bond 2014), Project No. E13091. 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-Corona Dr.--Flynn to Everhart(Bond 2014), Project No.E13091 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. H ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS i 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: Addenalum No Addendum Date Signature Acknowledging Receipt 1 5/16/2417 2 5/19/2017 3 5/1912017 . x. Bid Acknowledgement Form 003000-1 Corona Dr.--FIVnn to Everhart(Bond 2014) E13091 Revol-13-2016 P 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 Fnvironmental Conditions, if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.016 The Bidder has considered the items identified in Paragraphs 3.04 and 3.OS 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 Bid Acknowledgement Form 003000-2 Corona Dr.—Flynn to Everhart(Band 2014) E13091 Rev 01-13-2016 all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4--BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,onto 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. f Bid Acknowledgement Form 003000-3 Corona Dr.—Flynn to Everhart_(Bond 2014) E13091 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 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 290 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7--ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative,shall sign and date the Bid Farm 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. Bid Acknowledgement Form 003000-4 Corona Dr.—Fl nn to Everhart Bond 2014 E13091 ReV01-13-2016 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. ARTICLE 11—BID SUBMITTAL 11.01. This Bid is submitted by: Bidder: Berry Contracting,LP dba Bay Ltd. (typed or printed full legal name of Bidder) (individuals signature) IJ Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 74-2982901 Address for giving notices: Bay Ltd. 1414 Valero Way Corpus Christi,TX 78409 Phone: (351)693-2100 (main#) Email: le-ntzj@bayltd.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) Bid Acknowledgement Form 003000-5 Corona Dr.--Fl nn to Everhart Bond 203.4 E13091 Revol-13-2016 END OF SECTION Bid Acknowledgement Form 003000-6 Corona Dr.--Flxnn,to Everhart(Bond 2014) E13091 Rev 01-13-2016 SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLC,general partner of Berry Contracting,LP, dba Bay Ltd. held a special meeting this I st day of February 2017, Edward A, Martin, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. W. Martin said the purpose of the meeting was to name the individuals authorized to act for and on behalf of Bay Ltd.,Highway Division in connection;with matters relating to the Texas Department of Transportation and other state,municipal, federal, quasi, governmental entities and private bodies. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd, as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions, changes or modification of same as the needs of the company may require. K.J. Luhan President D. W.Berry Vice President M. G.Berry Vice President A. L.Berry Vice President Edward A. Martin Vice Prosident Robert C, Blair Vice President Diane DeCou Vice President and CFO Devin Stone Vice President FURTHER RESOLVED that Mr. Jon.Lentz is empowered to sign contracts,bonds, bids,offem, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon.Lentz, Estimating Manager are specifically empowered to act for and on behalf of i Bay Ltd.to sign"Proposal to the Texas Department of Transportation', FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification,or revocation of such authority. Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 A ed Correct: 5dward A.Martin,President Attest: DonEtta Beaty, Secret i Cortification I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC general partner of Bevy Contracting LP, dba Bay Ltd,,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 13t day of October 2016,to which witness any hand. DonEtta Beaty, Secreta t f €s t r i 1 i C'I V(-,G\ ,"I Report Created On:5/24/2017 2:27:32 PM BID TOTALS BASE BID Total GENERAL $460,810.00 STREET IMPROVEMENTS $1,836,571.55 RTA IMPROVEMENTS $84,300.00 ADA IMPROVEMENTS $313,750.90 SIGNALIZATION IMPROVEMENTS $315,200.00 DRAINAGE IMPROVEMENTS $881,567.50 WATER DISTRIBUTION IMPROVEMENTS $586,131.30 WASTEWATER IMPROVEMENTS $26,500.00 INFORMATION TECHNOLOGY IMPROVEMENTS $66,340.00 MISCELLANEOUS UTILITY IMPROVEMENTS $9,900.00 STREET LIGHTING $98,300.00 Total $4,679,371.25 BASE BID GENERAL No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $105,000.00 $105,000.00 A2 Ozone Day EA 2 $380.00 $760.00 A3 Concrete Barrier for Traffic Control EA 17 $6,500.00 $110,500.00 Plan A4 Traffic Control Plan and Prep LS 1 $95,900.00 $95,900.00 A5 Storm Water Pollution Prevention Plan LS 1 $24,000.00 $24,000.00 During Construction A6 Block Sodding SY 2000 $9.20 $18,400.00 A7 Seeding for Erosion Control SY 3000 $2.90 $8,700.00 A8 Sedemintation Control Fence Install LF 1500 $5.40 $8,100.00 and Remove A9 Curb Inlet Protection Install and EA 15 $280.00 $4,200.00 Remove A10 Filter Fabric Manhole Protection Install EA 13 $450.00 $5,850.00 and Remove All Rock Filter Dam Install and Remove LF 150 $100.00 $15,000.00 Al2 Exploratory Excavation LS 1 $29,400.00 $29,400.00 A13 Bonds and Insurance LS 1 $35,000.00 $35,000.00 C'I V(_,G\ ,"I Report Created On:5/24/2017 2:27:32 PM GENERAL No. Description Unit Qty Unit Price Ext Price Sub Total: $460,810.00 STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price B1 Site Clearing&Stripping ACRE 6 $7,400.00 $44,400.00 B2 Street Excavation SY 17500 $9.20 $161,000.00 B3 8"Lime Treated Subgrade @ 6%by SY 17560 $8.50 $149,260.00 Weight B4 8"Cement Treat(50/50 Blend SY 16960 $7.20 $122,112.00 Material)@ 5%by Weight B5 8"Cement Treat(Mix Existing Material SY 15757 $1.20 $18,908.40 & New Base) B6 Rework Base Material(Type SY 15757 $3.00 $47,271.00 B)(8")(Dens Cont) B7 Crushed Limestone Flexible Base(8") SY 1205 $19.25 $23,196.25 B8 FL BS(RDWY DEL)(Crushed CY 2187 $51.00 $111,537.00 Limestone)(IN VEH/DELIVERY) B9 Prime Coat MC 30(0.2 gal/SY) GAL 3242 $4.40 $14,264.80 B10 2.5" Hot Mix Asphalt Concrete SY 16160 $15.25 $246,440.00 Pavement(Type D)Surface Course PG 70-22 B11 3"Hot Mix Asphalt Concrete SY 16160 $17.00 $274,720.00 Pavement(Type B)Base Course PG 64-22 B12 7"Continously Reinforced Concrete SY 520 $150.00 $78,000.00 Pavement(CRCP) B13 Concrete Driveway Removal SY 950 $24.00 $22,800.00 B14 New Concrete Driveway SY 2300 $110.00 $253,000.00 B15 Pavement Repair(Curb and Gutter LF 200 $64.00 $12,800.00 Tie-in) B16 Reflective Pavement Marking(Type LF 1960 $0.90 $1,764.00 1)(Yellow)(4"Double) B17 Reflective Pavement Marking(Type LF 4050 $0.45 $1,822.50 1)(Yellow)(4"Broken) B18 Reflective Pavement Marking(Type LF 2360 $0.45 $1,062.00 1)(white)(4" Broken) B19 Reflective Pavement Marking(Type LF 3630 $0.45 $1,633.50 1)(yellow)(4"Solid) B20 Reflective Pavement Marking(Type 1 LF 650 $0.85 $552.50 )(white)(8"Solid) C'I V(-,G\ ,"I Report Created On:5/24/2017 2:27:32 PM STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price B21 Reflective Pavement Marking(Type 1 EA 42 $170.00 $7,140.00 )(white)(Arrow or Word) B22 Reflective Pavement Marking(Type 1 LF 340 $8.30 $2,822.00 )(white)(24"Solid)(Crosswalk) B23 Reflective Pavement Marking(Type 1 LF 980 $4.10 $4,018.00 )(white)(12"Solid)(Crosswalk) B24 Raised Pavement Markers&Traffic EA 163 $5.10 $831.30 Buttons(Type II-A-A) B25 Raised Pavement Markers&Traffic EA 12 $5.10 $61.20 Buttons(Type II-B-B) B26 Raised Pavement Markers&Traffic EA 68 $5.10 $346.80 Buttons(Type I-C) B27 5'Cycle Track SF 20401 $8.30 $169,328.30 B28 Sign Post EA 41 $410.00 $16,810.00 B29 Aluminum Signs(Type A, includes EA 62 $250.00 $15,500.00 assembly) B30 Obliterating Abandoned Road SY 1075 $4.40 $4,730.00 B31 Allowance for Unanticipated Street LS 1 $25,000.00 $25,000.00 Improvements B32 Reflective Pavement Marking(Type LF 1600 $0.70 $1,120.00 1)(White)(4" Broken)@ 6FT B33 Prefab Marking(Type C)(W)(Bicycle) EA 8 $290.00 $2,320.00 Sub Total: $1,836,571.55 RTA IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price C1 8"Concrete Bus Pad SF 2900 $21.00 $60,900.00 C2 Concrete Shelter Pad SF 1200 $19.50 $23,400.00 Sub Total: $84,300.00 ADA IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price D1 Sidewalk Demolition SF 23893 $1.30 $31,060.90 D2 Concrete Sidewalk SF 26385 $8.00 $211,080.00 D3 Concrete Curb Ramp SF 3410 $21.00 $71,610.00 Sub Total: $313,750.90 C'I V(-'G\ "I Report Created On:5/24/2017 2:27:32 PM SIGNALIZATION IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price E1 Traffic Signals Upgrade Everhart and LS 1 $315,200.00 $315,200.00 Corona Dr Sub Total: $315,200.00 DRAINAGE IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price F1 Removing 15"Dia RCP Storm Water LF 44 $43.00 $1,892.00 Pipe F2 Removing 36"Dia RCP Storm Water LF 205 $28.00 $5,740.00 Pipe F3 Removing 42"Dia RCP Storm Water LF 300 $64.00 $19,200.00 Pipe F4 18" Dia RCP(Class III) LF 300 $170.00 $51,000.00 F5 24" Dia RCP(Class III) LF 75 $180.00 $13,500.00 F6 30" Dia RCP(Class III) LF 9 $330.00 $2,970.00 F7 36" Dia RCP(Class III) LF 980 $170.00 $166,600.00 F8 48" Dia RCP(Class III) LF 710 $250.00 $177,500.00 F9 Remove Inlets EA 2 $2,100.00 $4,200.00 F10 5'x3'Curb Inlet EA 7 $5,500.00 $38,500.00 F11 5'x4.5'Curb Inlet EA 1 $6,600.00 $6,600.00 F12 5'x6'Curb Inlet EA 2 $10,000.00 $20,000.00 F13 5'x7'Curb Inlet EA 1 $9,400.00 $9,400.00 F14 6'x3'Curb Inlet EA 1 $6,700.00 $6,700.00 F15 6'x6'Curb Inlet EA 1 $7,900.00 $7,900.00 F16 9'x3'Curb Inlet EA 1 $7,700.00 $7,700.00 F17 9'x4'Curb Inlet EA 1 $8,900.00 $8,900.00 F18 Remove Existing Storm Water EA 1 $2,500.00 $2,500.00 Manhole F19 Adjust Existing Storm Water Manhole EA 1 $2,400.00 $2,400.00 Rim F20 Replace with New Manhole Top EA 1 $3,200.00 $3,200.00 F21 Concrete Storm Water Manhole,Type EA 3 $5,900.00 $17,700.00 A 5'Dia F22 Concrete Storm Water Manhole,Type EA 4 $9,400.00 $37,600.00 A 6'Dia F23 Concrete Storm Water Manhole,Type EA 1 $14,400.00 $14,400.00 C(8.5'x7') C'I V(_,G\ ,"I Report Created On:5/24/2017 2:27:32 PM DRAINAGE IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price F24 Curb and Gutter Removal LF 6180 $6.10 $37,698.00 F25 6"Concrete Curb and Gutter(Catch LF 6450 $23.00 $148,350.00 Curb) F26 Headwall EA 1 $23,600.00 $23,600.00 F27 Tie-in Existing RCP EA 7 $760.00 $5,320.00 F28 Trench Safety for Storm MH/Inlet EA 14 $470.00 $6,580.00 F29 Trench Safety for Storm Pipe LF 1610 $11.75 $18,917.50 F30 Allowance for Unanticipated Storm LS 1 $15,000.00 $15,000.00 Water Improvements Sub Total: $881,567.50 WATER DISTRIBUTION IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price G1 Remove 6"Dia ACP Waterline LF 310 $20.00 $6,200.00 G2 8"Dia C 900 PVC Waterline(DR 18) LF 2860 $88.00 $251,680.00 G3 6"Dia Ductile Iron Waterline LF 145 $200.00 $29,000.00 G4 8"Dia Ductile Iron Waterline LF 295 $180.00 $53,100.00 G5 6"Gate Valve with Box and Cover EA 5 $1,100.00 $5,500.00 G6 8"Gate Valve with Box and Cover EA 11 $1,400.00 $15,400.00 G7 6"Tie-In Connection EA 1 $3,800.00 $3,800.00 G8 8"Tie-In Connection EA 10 $3,700.00 $37,000.00 G9 8"Plug EA 2 $510.00 $1,020.00 G10 8"x8"Water Tapping Sleeve EA 1 $6,400.00 $6,400.00 G11 6"Ductile Iron M.J.22.5 degree Bend EA 1 $140.00 $140.00 G12 6"Ductile Iron M.J.45 degree Bend EA 3 $180.00 $540.00 G13 8"Ductile Iron M.J.22.5 degreee Bend EA 3 $220.00 $660.00 G14 8"x 6"Ductile Iron Tee EA 3 $320.00 $960.00 G15 8"x 8"Ductile Iron Tee EA 7 $390.00 $2,730.00 G16 8"x 8"Ductile Iron Cross EA 1 $460.00 $460.00 G17 Fire Hydrant Assembly(Type 1) EA 12 $4,800.00 $57,600.00 G18 Remove Existing Fire Hydrant EA 10 $530.00 $5,300.00 Assembly G19 Relocate Existing Water Meter EA 13 $2,900.00 $37,700.00 C'I V(-,G\ ,"I Report Created On:5/24/2017 2:27:32 PM WATER DISTRIBUTION IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price G20 Remove Existing Water Valve EA 1 $750.00 $750.00 G21 Adjust Existing Water Valve Boxes to EA 2 $1,000.00 $2,000.00 Finish Grade G22 Grouting Abandoned Waterlines LF 2310 $13.75 $31,762.50 G23 Trench Safety for Water Lines LF 3384 $3.20 $10,828.80 G24 Allowance for Unanticipated Water LS 1 $20,000.00 $20,000.00 Improvements G25 8"Ductile Iron M.J.45 degreee Bend EA 28 $200.00 $5,600.00 Sub Total: $586,131.30 WASTEWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price HI Adjust Wastewater Manhole Rim EA 5 $2,300.00 $11,500.00 H2 Allowance for Unanticipated LS 1 $15,000.00 $15,000.00 Wastewater Improvements Sub Total: $26,500.00 INFORMATION TECHNOLOGY IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price 11 2"Dia PVC(SCH 80)Elect. Conduit LF 2810 $14.00 $39,340.00 will Pull String 12 24"x 36"x 18" Pullbox(Handhole) EA 9 $3,000.00 $27,000.00 Sub Total: $66,340.00 MISCELLANEOUS UTILITY IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price J1 Adjust Gas Valve Box and Cover EA 9 $1,100.00 $9,900.00 Sub Total: $9,900.00 STREET LIGHTING No. Description Unit Qty Unit Price Ext Price K1 Illumination LS 1 $98,300.00 $98,300.00 Sub Total: $98,300.00 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. ❑ 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: Berry Contracting,LP dba Bay Ltd. (typed or printed) s (signature--attach evide ce of au ority to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 1414 Valero Way Corpus Christi,TX 78409 Phone: (361)693-2100 (main#) Email: lentzj@bayltd.com END OF SECTION : E : Compliance to State Law on Nonresident Bidders 00 30 02-1 Corona Dr.—Flynn to Everhart(Bond 2014) E13091 11-25-2013 SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLC,general partner of Berry Contracting,LP, dba Bay Ltd. held a special meeting this I"day of February 201.7, Edward A.Martin, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting, Mr. Martin said the purpose of the meeting was to-name the individuals authorized to act for and on behalf of Day Ltd.,Highway Division in connection with matters relating to the Texas Department of Transportation and other state,municipal, federal, quasi- governmental entities and private bodies. RESOLVED that the following Harried individuals be empowered to act i for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions, changes or modification of same as the needs of the company may require, K.J. Luhan President D. W.Berry Vice President M. G.Berry Vice President A. L, Berry Vice President Edward A.Martin Vice President Robert C, Blair Vice President e Diane DeCou 'Vice President and CFO Kevin Stone Vioe President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts,bonds, bids, offers, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Estimating Manager•are specifically empowered to act for and on behalf of j Bay Ltd,to sign"Proposal to the Texas Department of Transportation", FURTHER RESOLVED that the Secretary be and is herein authorized and j directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change,deletion,modification, or revocation of such authority. it Berry Operating Comp�YLLC Special Meeting,February 1, 2017 Page 2 A ed Correct: Xdward A.Martin,President Attest: DonEtta Beaty, Secret Certification I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of BeiTy Contracting LP, dba Bay Ltd,,held o-n the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 1't day of October 2016,to which witness my hand. 1 DonEtta Beaty,Secreta i i i G 1 i i i 00 30 05 City of Corpus Christi Disclosure of Interest i SUPPLIER NUMBER TO BE.ASSIGNED BT''r1'r — PURCHASING DIVISION City of DISCLOSURECxnpus S CHRISTI CITY OF CO >rJ 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. It'the question is not applicable, answer with "NA See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Berry Coi tracting,LP dlaa Bay Ltd. P.O.BOX: 9908 STREET D +SS: 1414 Valero Way CITY: Corpus Christi ZIP- 78409 - FIRM IS: 1. Corporation � 2. partnership � 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N/A Job Title and City Department of known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" t constituting 3%or more of the ownership in the above named"firm." Name N/A Title f I I 3. 'State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N/A 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 an matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N/A Consultant I City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 1 f I 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 tiled 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 Christi,Texas as changes occur, Certifying Person: Jon Lentz Title: Estirnating Mazy cr (Type or Ninl) Signature of Certifying I—Phate: I I Person: .. ��- " " � �� �,a m�° DEF'INITiIONS 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 bcnefiV'. An action that is likely to affect an economic interest if it is l'i'kely 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- tune 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.fudges 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 0030105-2 Disclosure of interest Rev 01-13-2016 i I SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLC, general partner of Berry Contracting,LP, dba Bay Ltd. held a special meeting this l't day of February 2017. Edward A.Martin, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting, W Martin said the purposcof the meeting was to name the individuals authorized to act for, and on behalf'of Day Ltd.,Highway Division in connection with matters relating to the Texas Department of Transportation and other state,municipal, federal,quasi- governmental entities and private bodies. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd, as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. K.J.Luban President D. W.Berry Vice President M. G. Berry Vice President A. L,Berry Vice President Edward A,. Martin Vice President Robert C,Blair Vice President Diane DeCou Vice President and CFO Kevin Stone Vice President FURTHER RESOLVED that My. Jon Lentz is empowered to sign contracts,bonds, bids, offers, or arrangements and revisions,changes or modification of same,as the needs of the Highway Division of Bay Ltd, may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Estimating Manager axe specifically empowered to act for and on behalf of Bay Ltd.to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification, or revocation of such authority. Berry Operating Company LLC Special Meeting,February 1,2017 Page 2 A - ed Correct: dwaidA,(Martin,President Attest: EEtta Beaty, Secret Certification 1,DonEtta Beaty, Secretary of Berry Operating Company, LLC certify that the above are minutes of a special meeting of the Managers of Ben7 Operating Company, LLC general partner of Berry Contracting LP, dba Bay Ltd.,hold on the date shown above and that such resolution was validly adopted at the,Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 1"day of October 2016,to which witness my hand, i i 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: Corona Dr.—Flynn to Everhart Bond 2014 E13091 if Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding, or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract,or any �? other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Berry Contracting,LP dba tray Ltd. (typed or printed) By= � w (signature- attach evidence`"f authority o sign) Name: Jori Lentz (typed or printed) Estimating Manager � Tithe: Business address: Bay Ltd, 1414 Valero Way J Corpus Christi,TX 78409 'hone: (361) 693-2100 (main#) Email: lent7j@bl ayltd.com END OF SECTION r, r l Non-Collusion Certification 003006-1 Corona Dr. -_Flynn to Everhart Bond 2014 E13091 11-25-2013 II SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company, LLC, general partner of Berry Contracting,LP,dba Bay Ltd.hold a special meeting this I't day of February 2017. Edward A.Martin, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Martin said the purpose of the meeting was to name the individuals authorized to act for and,on behalf of Bay Ltd.,Highway Division in connection with matters relating to the Texas Department of Transportation and other state.,municipal,fedora], quasi- governmental entities and private bodies. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd, as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. K.J. Luban President D. W.Berry Vice President U 0. Berry Vice President A. L.Berry Vice President Edward A. Mattin Vice President Robert C,Blair Vice President Diane DeCou Vice President and CFO Kevin Stone Vice President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts, bonds, bids,offers,or arrangements and revisions,changes or modification of same as the,needs of the Highway Division of Bay Ltd. may requixe,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Estimating Manager are specifically empowered to act for and on behalf of Bay Ltd.to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to fulmish a certified copy hereof to any interested patties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification, or revocation of such authority, Berry OperatIng Company LLC Special Meeting,February 1, 2017 Page 2 A - ed Correct: r 5dwaidA. Martin, President Attest-, DEohEttu Beaty, Secret Certification 1,DonEtta Beaty, Secretary of Berry Operating Company, LLC certify that the above are minutes of aspecial meeting of the Managers of RexTy Operating Company, LLC general partner of Berry Contracting LP, dba Bay Ltd.,hold on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this V day of October 2016,to which witness my hand, BID BOND KNOW ALL MEN BY THESE' RESENTS,that we BERRY CONTRACTlNG,LP DBA BAY LTD. as Principal, hereinafter called the Principal, and CONTINENTAL CASUALTY COMPANY a corporation duty organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars($5%G.A.B. for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors:, admuni:strators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CORONA DRIVE-FLYNN TO EVERHART BOND(2014) JOB#E13091 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sea';0d th� 24TH day of MAY 2017 BERRY CONTRACTING, LP DBA BAY LTD. (Principal) (Seal) (Witness) By. CONTINENTAL CASUALTY COMPANY (Surety) (Seat) (7vfitness) By. (Title) MARY (!��N MOORE,ATTY IIN FACT Printed in cooperation,with the American Institute of Architects(RIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-M Bond-February 1970 Edition. G-1080,41-A POWER OF ATTORNEY APPOINTING INDIVIDUAL,ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National.Fire Insurance Company of Hartford,an Illinois insurance company,and Arnericran.Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA?Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures.and seals herein affixed hereby snake,constitute and appoint Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undea'takings and other obligatory instruments of similar nature Iii Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October,2016. CA's t� ttr5bBl t r9ANY 0'0 Continental Casualty Company National Fire Insurance Company of Hartford rararPtlaAr " rra pvasar0 American Cas Ity Company of Reading,Pennsylvania My 11. a A SEAL 1902 1697 WARN Paul T,Bruflat Vice President. State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,before me personally came Paul T.Bruflat to rue-known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company;and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument,that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. =MOHR My Commission Expires.June 23,2021 J.Mohr Notary Public CERTIFICATE 1,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casually Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 24T'H day of MAY 1 2017 CASd4 %%SUg41 k%YANV01AP Continental Casualty Company ted' National Fire Insurance Company of Hartford aenr'anar' �t+ASP4�tr® American Casualty Company of Reading,Pennsylvania JI➢19 2f,SEAL e 19pz �v 1697 1AA1* 0' D.Butt Assistant Secretary Form F6853-4/2012 Authorizing By-Laws and Resolutions 1 ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL"T"Y COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on'behalf of Continental Casualty Company. 1' `r This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012 "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings.and other obligatory instruments of like nature,and Whereas,from time to time,the signature of the Authorized Officers, in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures"),Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and banding on the Company." j ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorneyis made and executed pursuant to and b authority of the following resolution dui adopted b the Board of Directors of the p Y tY g Y p Y Company by unanimous written consent dated May 10,1995:. it "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign I will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers') to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like natured and Whereas,from time to time,the signature of the.Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or othcrwiac in an electronic format(collectively,."Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." I f C'Iy(-,G\ ,"I Report Created On:5/24/2017 2:27:33 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Ross Moomaw 05/24/2017 10:36:39 AM Ross Moomaw 05/24/2017 10:36:40 AM Ross Moomaw 05/24/2017 10:36:40 AM C'Iy(-,G\ ,"I Report Created On:5/24/2017 2:27:33 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E13091 Specifications 5/15/2017 10:13:47 AM Plans E13091 Plans 5/15/2017 10:13:38 AM Other Bidders Worksheet 5/15/2017 10:13:00 AM Bidders Pre Bid Attendance Roster 5/15/2017 10:13:27 AM Addenda Addendum#1 5/16/2017 4:52:07 PM Addenda Addendum#2 5/19/2017 1:31:39 PM Addenda Addendum No.3 5/19/2017 3:30:29 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 8,2017 is between the City of Corpus Christi (Owner) and Berry Contracting, LP dba Bay, Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corona Dr.—Flynn to Everhart(Bond 2014) E13091 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas,78410 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 270 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 290 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 005223- 1 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev 06-22-2016 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1000 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$400 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 $ 4,679,371.25 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Dgitairy g-by R RebeaaaH­ soy goed by deft edm. DN:o 1/ , 'R b oe Ru o Du emel'rebeooeb@cctexes.00m D[�! deft Edmonde o ERg neer ng email-jeRreye@¢texee.mm, us Dete 2017,09,1210,38:49 8580 Date 201].00.0114'.17'.24 0500 Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2017-111 AUTHORIZED BY APPROVED AS TO LEGAL FORM: I-8/08/17 COUNCIL ^ Aimee Alcorn-ReedRH/M L Digitally signed by RH/ML 2017.08.31 17:22:03-05'00' Date:2017.09.12 10:02:19-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting LP dba Bay, Ltd. (Seal Below) By: Jon Lentz 7`.&17o°ae;,y_omm«e9.LPdbaeayLld_oe. oa o Note: Attach copy of authorization to sign if Title: Estimating Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1414 Valero Way Financial Officer Address Corpus Christi, Texas 78409 City State Zip 361/693-2100 361-289-2304 Phone Fax lentzj@bayltd.com Entail END OF SECTION Agreement 005223-6 Corona Dr.—Flynn to Everhart (Bond 2014) E13091 Rev06-22-2016 00 6113 PERFORMANCE BOND BOND NO. 929592867 Contractor as Principal Name: Berry Contracting LP dba Bay, Ltd. • Mailing address (principal place of business): 1414 Corn Products Rd. Corpus Christi, TX 78409 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: E13091 Corona Drive — Flynn Parkway to Everhart Road (Bond 2014) Award Date of the Contract: August 8, 2017 Contract Price: $4,679,371.25 Bond Date of Bond: AUGUST 21, 2017 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: CONTINENTAL CASUALTY COMPANY Mailing address (principal place of business): 5151 SAN FELIPE, SUITE 1800 HOUSTON, TEXAS 77056 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: ILLINOIS 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): 713-513-6301 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Address: INSURANCE AGENCY 500. N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@higginbotham.net 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 E13091 Corona Dr— Flynn Prkwy to Everhart Rd (Bond 2014) 006113-1 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 Principal , Q Signature: .7 Surety Signature: !�� //�� i Name: Uor, L _e.„A.2 Name: MA Y LLEN MOORE Title: C ‹..4- 1 MY, a-,-•, 1�9 ^ Title: ATTORNEY IN FACT J Email Address: Le, k z,;� e T2,a,1L1- ok , Corn Email Address: memoore@higginbotham. net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E13091 Corona Dr — Flynn Prkwy to Everhart Rd (Bond 2014) 006113-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Hayles, Aaron J Endris, Tricia Balolong, Individually of Corpus Christi, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of March, 2016. Continental Casualty Company National Fire Insurance Company of Hartford American Cass 1ty Company of Reading, Pennsylvania Paul T. Bruflat # Vice President State of South Dakota, County of Minnehaha, ss: On this 21st day of March, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My Commission Expires June 23, 2021 CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 21ST day of AUGUST Form F6853-4/2012 20U • Continental Casualty Company National Fire Insurance Company of Hartford A"uietan'Easxtalty Company of Reading, Pennsylvania - i, • �• •• D. Bult • t • • (1 Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertalcings and other obligatory instruments of Ike nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of Ike nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of Ike nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, `Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." State of Texas Claim Notice Endorsement In accordance with Section 2253.021(0 of the Texas Govemment Code and Section 53202(8) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety • 333 South Wabash Chicago, IL 60804 Telephone: (312) 822-5000 You may also•write to CNA Shy at P.O. Box 108'8, Houston, Texas 772514 068. You may contact the Texas Department of insurance to obtain Informatair on companies, coverages, rights or complain at 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 787149104, or fax 512475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about 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 POUCY: This notice is for information only and does not become a part or condition of the attached documents. 00 6116 PAYMENT BOND BOND NO.929592867 Contractor as Principal Name: Berry Contracting, LP dba Bay, Ltd. Mailing address (principal place of business): 1414 Corn Products Rd. Corpus Christi, TX 78409 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: E13091 Corona Drive - Flynn Parkway to Everhart Road (Bond 2014) Award Date of the Contract: August 8, 2017 Contract Price: $4,679,371.25 Bond Date of Bond: AUGUST 21, 2017 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: CONTINENTAL CASUALTY COMPANY Mailing address (principal place of business): 5151 SAN FELIPE, SUITE 1800 HOUSTON, TEXAS 77056 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: ILLINOIS 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): 713-513-6301 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name:HIGGINBOTHAM/SWANTNER & GORDON Address: - INSURANCE AGENCY 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@higginbotham.net 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 E13091 Corona Dr — Flynn Pkwy to Everhard Rd (Bond 2014) 006116-1 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 as Principal Signature: - Surety Signature -,,2 y (1,a���72Q . Name: 70v, L.Q.,-\-z Name: MA LEN MOORE Title: 5+, v.,. salt, ; IA f Title: ATT RNEY IN FACT 3 3 Email Address: 1 e. et A- 2 43C0 Qa,JL� . C-0 eel Email Address: memoore@higginbotham. net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E13091 Corona Dr— Flynn Pkwy to Everhard Rd (Bond 2014) 006116-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Hayles, Aaron J Endris, Tricia Balolong, Individually of Corpus Christi, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of March, 2016. Continental Casualty Company National Fire Insurance Company of Hartford American Cas lty Company of Reading, Pennsylvania Paul T. Bruflat # Vice President State of South Dakota, County of Minnehaha, ss: On this 21st day of March, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My Commission Expires June 23, 2021 CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 21sT day of AUGUST , 2017 • Continental Casualty Company National Fire Insurance Company of Hartford Ai erlt�an`Cas salty Company of Reading, Pennsylvania Form F6853-4/2012 '.1 D: Bult .,45 • • • Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to tlr Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of lice nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." t State of Texas Claim Notice Endorsement In accordance with Section 2253.021(0 of the Texas Government Code and Section 53202(8) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety • 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 You may also.write to CNA Surety at P.O. Bax 1088, Hou.ton, Texas 77251-1088. You may • contact the Texas Depart of insurance to obtain Information on companies, coverages, rights or complaints at 1-800-2524439 You may also write the Texas Department of insurance: P.O. Box 149104, Austin, Texas 78714-9104, or fax 512475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about 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 documents. ACORE® CERTIFICATE OF LIABILITY INSURANCE L.....---8/21 DATE M/DD/YYYY) 21/20 /2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsementls). PRODUCER Higginbotham Insurance Agency, Inc. dba Swantner & Gordon Insurance Agency, LLC PO Box 870 Corpus Christi TX 78403 CT NAAME: Diann Eisenhauer PHONEFAX (AIC No, Pitt -883711 (A/C. No): 361-844-0101 EA/kn. ESS: deisenhauer@higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC u INSURERA:ACE American Insurance Company 22667 INSURED BERRYI3 Berry Contracting, LP dba Bay, Ltd. P.O. Box 4858 Corpus Christi TX 78469-4858 INSURER B :ACE Property & Casualty Insurance C 20699 INSURER c :Westchester Fire Insurance Company 10030 INSURER D :Indian Harbor Insurance Company 36940 INSURER E : INSURER F : DAMAGE TO RENTED PREMISES (Ea occurrence) COVERAGES CERTIFICATE NUMBER: 1390813823 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POUCY NUMBER POUCY EFF (MMIDD/YYYY) POUCY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG2786630A 5/20/2017 5/20/2018 EACH OCCURRENCE $2,000,000 CLAIMS -MAGE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 3100,000 CG0001 04/13 MED EXP (Any one person) 310,000 PERSONAL & ADV INJURY $2,000,000 GEM_ AGGREGATE POLICY OTHER: X LIMIT APPLIES FM. X PER: LOC GENERAL AGGREGATE 310,000,000 PRODUCTS - COMP/OP AGG 35,000,000 $ A AUTOMOBILE X - X _- X LIABIU ANY AUTO AII.L OS WED HIRED AUTOS MCS -90• Y - X SCHEDULED SCHEDULED NON -OWNED AUTOS ISAH09056117 5/20/2017 5/20/2018 COMBINED SINGLE LIMIT (Ea accident} $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acc dent) $ $ B C X X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE X00G28119641002 G24021439010 5/20/2017 5/20/2017 5/20/2018 5/20/2018 EACH OCCURRENCE $35,000,000 AGGREGATg $35,000,000 DED X RETENTION $350,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N ! A WLRC49115970 5/20/2017 5/20/2018PER X STATUTE OTH- ER E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYEE 32,000,000 E:L. DISEASE - POLICY LIMIT $2,000,000 D Contractors Pollution CE07446687 5/20/2017 5/20/2018 Pollution Condition $25,000,000 Pollution Aggregate $25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) See Attached... CERTIFICATE HOLDER CANC I City of Corpus Christi Attn: Sylvia Arriaga - Contracts Admin. P.O. Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED R PRESENTATNE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® AGENCY CUSTOMER ID: BERRYI3 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Berry Contracting, LP dba Bay, Ltd. P.O. Box 4858 Corpus Christi TX 78469-4858 POUCY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: • ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- 25 FORM TITLE. CERTIFICATE OF LIABILITY INSURANCE GENERAL LIABILITY INCLUDES: ISO Commercial General Liability Occurrence — CG0001 04/13 Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement with You — CG2034 04/13; Additional Insured -Owners, Lessees or Contractors -On Going Operations — CG2010 10/01 and Additional Insured -Owners, Lessees or Contractors — Completed Operations — CG2037 10/01 — Any Owner, Lessee or Contractor, and any other person or organization whom you have agreed to include as an additional insured under written contract, provided such contract was executed prior to the date of loss; Non Contributory Endorsement for Additional Insureds — LD20287 06/06 — any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required under written contract executed prior to Toss; Waiver of Transfer of Rights of Recovery Against Others — CG2404 05/09 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; Construction Project(s) General Aggregate Limit — LD21732 01/07 - $5,000,000 per Project and Designated Location(s) Aggregate Limit — LD20039 09/10 — All Locations $5,000,000 Limit; Contractual Liability Railroads — CG2417 10/01 — Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by written contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative — ALL32686 01/11 AUTOMOBILE LIABILITY INCLUDES: ISO Business Auto — CA0001 10/13 Additional Insured -Designated Persons or Organizations — DA9U74C 03/16 — Any person or organization whom you have agreed to include as an additional insured under a written contract executed prior to loss; Non -Contributory for Additional Insureds — DA21886b 06/14 — Any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required by written contract executed prior to loss; Coverage for Certain Operations in Connections with Railroads — CA2070 10/13 — Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; Motor Carrier Endorsement — MCS90 01/17 — Primary $2,000,000; Pollution Liability Broadened Coverage for Covered Autos — CA9948 10/13; Waiver of Transfer of Rights of Recovery Against Others — DA13115a 06/14 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to Toss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by wntten contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative — ALL32686 01/11 ACE PROPERTY AND CASUALTY UMBRELLA LIABILITY INCLUDES: Form #XS -20835 (08/06) includes the following in regards to who is an insured: Any person or organization, if insured under "underlying insurance", provided that coverage provided by this policy for any such Insured will be no broader than coverage provided by the "underlying insurance". The Commercial Umbrella Liability Policy Foram #XS -20835 (08/06) includes Transfer of Rights of Recovery Against Others to Us - If you or the insurer of "underlying insurance" waive any right of recovery against a specific person or organization for damages as required under an "insured contract", we will also waive any such rights we may have against such person or organization provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract". This policy will apply primary of other insurance and such other insurance will not contribute if you have agreed in writing in a contract or agreement - Amendment of Condition J - Other Insurance Form XS -33290 (04/11) WESTCHESTER FIRE INSURANCE COMPANY EXCESS POLICY FOLLOWS FORM OF ACE PROPERTY AND CASUALTY WORKERS COMPENSATION INCLUDES: NCCI WC000000C 01/15 Altemate Employer — WC000301A 02/89 and WC000301 04/84 — If any — Any state shown in Item 3A of the Information Page (does not apply to any employee lease contract/arrangement); Longshore and Harbor Workers Compensation Act — WC000106A 04/92; Maritime Coverage — WC000201 B 01/15 — If any, TWM&C Included - $2,000,000 Limit of Liability; Outer Continental Shelf Lands Act — WC000109C 01/15; Stop -Gap Employers Liability — WC990303C 04/92 - $2,000,000 Limit; Voluntary Compensation — Foreign — WC990302D 01/15 — Any US Employee while temporarily outside the US or Canada; Voluntary Compensation — Maritime — WC000203 04/84 — Employees Masters and Members of Crew of Vessel you have contracted to perform work on; Voluntary Compensation and Employers Liability - AOS — WC000311A 08/91— Any employee exempt from the Workers Compensation Law; Waiver of Transfer of Right to Recover from Others — WC000313 11/05 and Texas WC420304b 06/14 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by written contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative —ALL32686 01/11 CONTRACTORS POLLUTION INCLUDES: PA/CE Plus Form KLD051 01/13 Insured means the Client but only if you are required to include the Client as an additional insured in a written contract in effect during the policy period and signed by you prior to the first commencement of the Pollution Condition and with respect to the Client's vicarious liability resulting from your Contracting Activity. Insured means ail persons or organizations, other than a Client, as required by written contract executed by the Named Insured, but only for a Pollution Condition caused by your Contracting Activity and the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition. Company waives right of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients, if prior to the Pollution Claim, a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® AGENCY CUSTOMER ID: BERRYI3 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Berry Contracting, LP dba Bay, Ltd. P.O. Box 4858 Corpus Christi TX 78469-4858 POUCY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- 25 FORM TITLE. CERTIFICATE OF LIABILITY INSURANCE Project: E13091 Corona Drive - Flynn Parkway to Everhart Road (Bond 2014) ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD POLICY NUMBER: HDO G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 10 10 01 05/20/2017 - 05/20/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AnY Owner, Lessee or Contractor, and any other person or organization whom you have agreed to included as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location: All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: TIDO G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 3710 01 05/20/2017 - 05/20/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED _-_OWNERS,__LESSEES _ OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor, and any other person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location And Description of Completed Operations: All locations where you are performing operations for such additional insured pursuant to any such written contract. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: HDO G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd; and subsidiaries CG 24 04 05 09 05/20/2017 - 05/20/2018 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Berry GP, Inc. Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol HDO Policy Number G2 78 66 30 A Poky Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the po icy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss Additional Insured Endorsement (!f no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term "Additional Insured' in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. LD -20287 (06/06) Authorized Agent Page 1 of 1 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named Insured Berry GP, Inc. Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol HDO Policy Number G2 78 66 30 A Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/2017 Issued By (Name of insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the pottcy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at your construction projects away from premises owned by or rented to you (such ongoing operations at such construction projects are hereinafter defined as "Your Projects"): 1. A separate Construction Project General Aggregate Limit applies to all of Your Projects, and that limit is equal to $ 5,000,000 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C, which damages and medical expenses can be attributed only to "Your Projects", regardless of the number of: a. Insureds; b. Claims made or "suits" brought, or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses that can be attributed to "Your Projects" shall reduce the Construction Project General Aggregate Limit and shall also reduce and erode the General Aggregate Limit shown in the Declarations. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to ap- ply. However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1 ), and for all medical expenses caused by accidents under COVERAGE C (SEC- TION I ), which cannot be attributed only to "Your Projects": 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce the Construction Project General Aggregate Limit. LD -21732 (01/07) Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard' will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If any one or more of "Your Projects" has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. LD -21732 (01/07) Authorized Agent Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc.; Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol HDO Policy Number G2 78 66 30 A Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/20107 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our. agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, a your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 3 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL -32686 (01/11) Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Policy Symbol Policy Number Poticy Period Effective Date of Endorsement ISA HO 90 56 11 7 05/20/1710 05/20/2018 05/20/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional lnsured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury° or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Represent DA-9U74c (03/16) Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Berry GP, InC. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol ISA Policy Number HO 90 56 11 7 Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of Toss. Authorized Representative DA -13115a (06/14) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSUREDS REPRESENTATIVE Named Insured Berry GP, Inc.; Berry Contracting LP dba Bay Ltd and Subsidiaries I Endorsement Number Policy Symbol I Policy Number ISA HO 90 56 11 7 Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, a d your representative will in tum send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL -32686 (01/11) Page 1 of 1 POLICY NUMBER: ISA HO 90 56 11 7 Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Term: 05/20/2017 to 05/20/2018 Endorsement Number: COMMERCIAL AUTO CA20701013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATION$ IN CONNECTION WITH RAILROADS This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM With respect to coverage provided under this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Berry GP, Inc. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Effective Date: 05/20/2017 SCHEDULE Scheduled Railroad Designated Job Site Any railroad (RR) which you have agreed to indemnify pursuant to a written contract entered into with such RR that was signed prior to loss, in connection with an easement granted by such RR to you. all job sites where you are operating under an easement granted by a scheduled RR, and where you have agreed to indemnify such RR for your operations pursuant to such easement under a written contract entered into with such RR prior to Toss. • Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the use of a covered "auto" in operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of "insured contract" relating to construction or demolition operations performed within 50 feet of a railroad do not apply. CA 20 70 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured BERRY GP, INC. ; Berry Contracting LP dba Bay Ltd P.O. BOX 4858 and Subsidiaries CORPUS CHRISTI TX 784694858 Endorsement Number Policy Number Symbol: WLR Number. C4 91 15 97 0 Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement '05/20/2017 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the poky number. The remainder of the Information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Faimess in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative WC 00 0313 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation ' ovars* Liability Polic Named Insured BERRY GP, INC. ; Berry Contracting LP dba Bay Ltd P.O. BOX 4858 and Subsidiaries CORPUS CHRISTI TX 784694858 Endorsement Number Policy Number Symbol: WLR Number.. C4 91 15 97 0 Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 1 05/20/2017 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included Authorized Representative WC 42 03 04B (06/14) ® Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc, ; Berry Contracting LP dba Bay Ltd and Subsidiaries Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the Endorsement Number Policy Symbol WLR Policy Number C4 91 15 97 0 Policy Period 05/20/2017 to 05/20/2018 Effective Date of Endorsement 05/20/2017 Issued By (Name of Insurance Company) ACE American Insurance Company • preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, an your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 3 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL -32686 (01/11) Page 1 of 1 AMENDMENT OF CONDITION J — OTHER INSURANCE Named Insured Berry Contracting LP dba Bay Ltd Berry GP, Berry Contracting, Inc and subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement XOO G28119641002 05/20/2017 to 05/20/2018 05/20/2017 Issued By (Name of Insurance Company) ACE Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows: SECTION VI. CONDITIONS, Paragraph J. Other Insurance is deleted and replaced with the following: J. Other Insurance If valid and collectible "other insurance" applies to damages that are also covered by this policy, this policy will apply primary of the "other insurance" and such "other insurance" will not contnbute with this insurance, but only if: 1. You have agreed in writing in a contract or agreement that such person or organization is an "insured' under this policy; and 2. Such person or organization is included as an insured under the coverage provided by "underlying insurance". If valid and collectible "other insurance" applies to damages that are also covered by this policy and does not meet the criteria stated above as 1. and 2., then this policy will apply excess of the "other insurance" and will not contribute with such "other insurance". All other terms and conditions of this policy remain unchanged. XS -33290 (04111) © 2011 1 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-232504 Date Filed: 07/05/2017 Date Acknowledged: /2 �' I Aimee Alcorn-Reed IILA�.^"2" /(1� 2017.08.31 17:21:42 -0500' 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13091 . Corona Drive-Flynn Parkway to Everhart Road (Bond 2014) Total Base Bid $4,679,371.25 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ,,'„NNtunliti44, I swear, sr,0 gyp, R. 4.94,,, . ' ' 'p 1, e<v" PRY �' s 12 / \ 0 •• s or affirm, under penalty of perjury, that the above disclosure is true and correct. 5-V, w.. "�. • r, )\/ {' • s �v r 3 AFFIX NOTAVdietA�;(�tJ±�1 I. q» 'E .... UST 1N e Sworn to and subscrlbea petore,me, by the said .don ` Signatu f authorized agent of contrding business entity L• \ � , this 11-51- day of �u I V 20 11 , to certify which, witness my hand and seal of office. NiqL4c blUACig_ 'kdocti-Kliata Signature of officer administering oath Printed name of officer administering oath Title of officer a inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883