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HomeMy WebLinkAboutC2019-453 - 6/11/2019 - Approved 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 11,2019, 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: Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering,Inc.—Jeff Coym, PE—Vice President 5350 South Staples Street,Suite 425 Corpus Christi,Texas 78411 jcoym@Ija.com The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd. Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 560 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 590 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 00 52 23-1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Morgan Ave . From Staples Street To Crosstown Expressway ( Bond 2012) PROJECT NUMBER E12101 City of Corpus Christi 9Q i 1+ i*= *�� �.. •JEFFREYC:COYM••••� �l�'•, 101983 •°fir i L.JA Engineering, Inc. TBPE F-1386/TBPLS 10104001 ���S/D •�� E�C 5350 SOUTH STAPLES STREET, SUITE 425 CORPUS CHRISTI,TEXAS 78411 PHONE:361.991.8550 EMAIL: LJASouthcc(@1ia.cor VVMM.LJA.COM Record Drawing Number STR881 00 01 00 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents(Rev.11-14-2018) 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 10-11-2018) 00 30 00 Bid Acknowledgment Form (Rev 10-11-2018) 00 30 01 Bid Form (Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders_(Rev 10-11-2018) 00 30 05 Disclosure of Interest(Revo1-2016) 00 30 06 Non-Collusion Certification (Rev 10-11-2018) 00 45 16 Statement of Experience (Rev 10-11-2018) 00 52 23 Agreement(Rev 10-11-2018) 00 61 13 Performance Bond (Rev 10-11-2018) 00 61 16 Payment Bond (Rev 10-11-2018) 00 72 00 General Conditions (Rev 11-13-2018) 00 73 00 Supplementary Conditions(Rev 10-11-2018) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-11-2018) 01 23 10 Alternates and Allowances(Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment(Rev 10-11-2018) 01 33 01 Submittal Register(Rev 10-11-2018) 013500 Special Procedures_(Rev10-11-2018) 01 50 00 Temporary Facilities and Controls_(Rev 10-11-2018) 01 57 00 Temporary Controls_(Rev 10-11-2018) Part S Standard Specifications Division 02 Sitework 020100 Survey Monuments (Rev 10-30-14) 021020 Site Clearing and Stripping (Rev 10-30-14) 021040 Site Grading(Rev 10-30-14) Table of Contents 000100- 1 Morgan Ave. from Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 11/2018 Division/ Title Section Division 02 Sitework 021080 Removing Old Structures (Rev 10-30-14) 022020 Excavation and Backfill For Utilities (Rev03-25-15) 022021 Control of Ground Water(Rev 10-30-14) 022022 Trench Safety For Excavations (Rev 10-30-14) 022040 Street Excavation (Rev 10-30-14) 022080 Embankment(Rev 10-30-14) 022100 Select Material (Rev 10-30-14) 022420 Silt Fence (Rev 10-30-14) 025205 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement(Rev 10-30-14) 025223 Crushed Limestone Flexible Base (Rev03-25-15) 025404 Asphalts, Oils and Emulsions (Rev 10-30-14) 025412 Prime Coat(Asphaltic Materials Only) (Rev 10-30-14) 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025608 Inlets(Rev 03-25-15) 025610 Concrete Curb and Gutter(Rev03-25-15) 025612 Concrete Sidewalks and Driveways (Rev03-25-15) 025614 Concrete Curb Ramps(Rev03-25-15) 025802 Temporary Traffic Controls During Construction (Rev 10-30-14) 025805 Work Zone Pavement Markings (Rev 10-30-14) 025807 Pavement Markings (Paint and Thermoplastic) (Rev 10-30-14) 025813 Preformed Thermoplastic, Striping, Words & Emblems(Rev03-25-15) 025816 Raised Pavement Markers (Rev 10-30-14) 025818 Reference Specification—TxDOT DMS-4200 Pavement Markers (Reflectorized) 025828 Reference Specification — TxDOT DMS-6130 Bituminous Adhesive For Pavement Marker 026201 Waterline Riser Assemblies(Rev 10-30-14) 026202 Hydrostatic Testing of Pressure Systems (Rev 10-30-14) 026206 Ductile Iron Pipe & Fittings(Rev 10-30-14) 026210 PVC Pipe — AWWA C900/C905 Pressure Pipe For Municipal Water Mains and Wastewater Force Mains(Rev03-25-15) 026214 Grouting Abandoned Utility Lines(Rev 10-30-14) Table of Contents 000100- 2 Morgan Ave. from Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 11/2018 Division/ Title Section Division 02 Sitework 026402 Waterlines(Rev03-25-15) 026404 Water Service Lines (Rev 03-25-15) 026409 Tapping Sleeves &Tapping Valves(Rev03-25-15) 026411 Gate Valves For Waterlines(Rev03-25-15) 026416 Fire Hydrants(Rev03-25-15) 027202 Manholes (Rev03-25-15) 027203 Vacuum Testing of Wastewater Manholes and Structures(Rev 10-30-14) 027205 Fiberglass Manholes (Rev3-25-15) 027402 Reinforced Concrete Pipe Culverts (Rev03-25-15) 027404 Concrete Box Culverts (Rev 10-30-14) 027606 Wastewater Service Lines(Rev 10-30-14) 028020 Seeding(Rev 03-25-15) 028040 Sodding(Rev 03-25-15) 028200 Mail Box Relocation (Rev 10-30-14) 028300 Fence Relocation (Rev 10-30-14) 028320 Chain Link Fence(Rev 10-30-14) Division 03 Concrete 030020 Portland Cement Concrete(Rev 10-30-14) 032020 Reinforcing Steel (Rev 10-30-14) 037040 Epoxy Compounds (5-44) 038000 Concrete Structures(Rev03-25-15) Division 05 Metals 055420 Frames, Grates, Rings & Covers (Rev03-25-15) Appendix Title Subsurface Exploration and Pavement Recommendations For The Proposed Morgan 1 Ave. From Staples Street To Crosstown Expressway (Bond 2012), Rock Engineering & Testing, April 5, 2013 1 Subsurface Utility Engineering Report Test Holes 1-7 Along Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Hydro Ex,June 25, 2013 END OF SECTION Table of Contents 000100-3 Morgan Ave. from Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 11/2018 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: Morgan Ave. From Staples Street To Crosstown Expressway Prosect No. E12101 A. This project includes the reconstruction of approximately 2,900 LF of Morgan Avenue from Staples Street to Crosstown Expressway with new HMAC (Base Bid 1) or Concrete (Base Bid 2) pavement and new concrete curb and gutter, concrete sidewalk. Also included are improvements and upgrades to the Storm Water, Water, and Wastewater infrastructure. Bidders may submit bids on either Base Bid 1 or Base Bid 2 or both. Additive / Alternate No. 1 includes the purchase and delivery of Traffic Signal materials only estimated to upgrade the existing signal equipment. No additional Contract time will be allotted for any Additive/Alternate. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$6,407,000 for Base Bid 1 HMAC . The Project is to be substantially complete and ready for operation within 560 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 P.M. on Wednesday, May 1, 2019 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. Invitation to Bid and Instructions to Bidders 002113- 1 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, 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 - Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 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 the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A pre-bid conference is not required for this Project. 4.02 A non-mandatory pre-bid conference for the Project will be held at 2:00 P.M. on Tuesday, April 23, 2019 at the following location: City Hall Building, 3rd Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. 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. Invitation to Bid and Instructions to Bidders 002113- 2 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 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. Invitation to Bid and Instructions to Bidders 002113-3 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 the Bid Security as an attachment to their bid. The original Bid Bond, 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 thejob name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. Invitation to Bid and Instructions to Bidders 002113-5 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 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. 15.03 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. Invitation to Bid and Instructions to Bidders 002113-6 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 00 GENERAL CONDITIONS. 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 Article 6 of the Supplementary Conditions set 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 Engineering Services 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 executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. 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. Invitation to Bid and Instructions to Bidders 002113-7 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 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 Invitation to Bid and Instructions to Bidders 002113-8 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 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 capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Morgan Ave. From Staples Street To Crosstown Expressway, Project No. E12101 Rev 10/2018 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. Delete the last sentence in Paragraph 1.01.A.26 and replace with the following: "Designers are Licensed Professional Engineers, Registered Architects, or Registered Landscape Architects qualified to practice their profession in the State of Texas." City of Corpus Christi UA Engineering, Inc. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 007300- 1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 3. A total of 50 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: 2. Subsurface Exploration and Pavement Recommendation For The Proposed Morgan Ave. Staples Street To Crosstown Freeway(Bond 2012) Project—April 5, 2013. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS 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, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Supplementary Conditions 007300- 2 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment X Required ❑ Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between 8:00 a.m. and 7:00 p.m. unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX-21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) Supplementary Conditions 007300-3 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 TX-29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 UA Engineering, Inc. 361-991-8550 Jeff Coym, PE 361-991-8550 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/Wastewater/Stormwater 361-826-1800 (361-826-1818 after hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstrea m 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 Supplementary Conditions 007300-4 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 01 33 01 Submittal Register ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 Submittal Register END OF SECTION Supplementary Conditions 007300-5 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 General Decision Number: TX190021 01/04/2019 TX21 Superseded General Decision Number: TX20180031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER(Excluding Form Setting).........................$ 9.05 Concrete Finisher................$ 7.56 ELECTRICIAN......................$ 13.37 2.58 Laborers: Common......................$ 7.25 Utility.....................$ 7.68 Power equipment operators: Backhoe.....................$ 9.21 Motor Grader................$ 8.72 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.)If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.)If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION General Decision Number: TX190029 01/04/2019 TX29 Superseded General Decision Number: TX20180040 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects &railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX2011-010 08/08/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER(Paving & Structures)...$ 12.64 FORM BUILDER/FORM SETTER Paving & Curb...............$ 10.69 Structures..................$ 13.61 LABORER Asphalt Raker...............$ 11.67 Flagger.....................$ 8.81 Laborer, Common.............$ 10.25 Laborer, Utility............$ 11.23 Pipelayer...................$ 11.17 Work Zone Barricade Servicer....................$ 11.51 PAINTER(Structures).............$ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 14.25 Asphalt Paving Machine......$ 13.44 Mechanic....................$ 17.00 Motor Grader, Fine Grade....$ 17.74 Motor Grader, Rough.........$ 16.85 TRUCK DRIVER Lowboy-Float................$ 16.62 Single Axle.................$ 11.61 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.)If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.)If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION 00 91 01 ADDENDUM NUMBER 2 Morgan Ave. From Staples Street To Crosstown Project: Expressway(Bond 2012) Project Number: E12101 Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. rw City of Corpus Christi Designer: Jeff Coym, PE—Vice Pres t UA Engineering, Inc. Addendum No. 2 Specification Section: 009101 Issue Date: 4/29/2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: Jeff Coym, PE—Vice President G !L 4/29/2019 ,.OF Name Date % ••. + Addendum Items: OF :• Modifications: .•• JEFFREYC.COYM • � ............. . .......... � 198 :Q 00 o 003001 Bid Form Base Bid Part 1(HMAC) /,� �`.,•�1 •.* 01 00 o 00 30 01 Bid Form Base Bid Part 2 (Concrete) FSS••••••••• ; /ONAI. E_ o Plan Sheets 5 &6 UA Engineering, Inc. F-1386 Attachments: 0 00 30 01 Bid Form Base Bid Part 1 (HMAC)(Attachment 1) 4/29/2019 0 00 30 01 Bid Form Base Bid Part 2 (Concrete) (Attachment 2) o Plan Sheets 5&6(Attachment 3) ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. B. SECTION 00 30 01 BID FORM —PART 1 (HMAC): DELETE: SECTION 00 3001 BID FORM—PART 1(HMAC)in its entirety. ADD: SECTION 00 30 01 BID FORM—PART 1 (HMAC) in its entirety(Attachment 1). Addendum No.2 009101-1 Project No. E12101, Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Rev 01-13-2016 ff C. SECTION 00 30 01 BID FORM —PART 2 (CONCRETE): DELETE: SECTION 00 30 01 BID FORM —PART 2 (CONCRETE) in its entirety. ADD: SECTION 00 30 01 BID FORM— PART 2 (CONCRETE) in its entirety (Attachment 2). ARTICLE 3—MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. DELETE the following Drawings: Deleted Drawings Sheet 5—Estimated Quantities Base Bid 1 Sheet 6—Estimated Quantities Base Bid 2 ARTICLE 3—MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS B. ADD the following Drawings: Added Drawings Sheet 5— Estimated Quantities Base Bid 1 (Attachment 3) Sheet 6— Estimated Quantities Base Bid 2 (Attachment 3) END OF ADDENDUM NO. 2 Addendum No. 2 00 9101-2 Project No. E12101, Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Rev 01-13-2016 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 1 Project Morgan Ave.Staples Street To Crosstown Expressway(Bond 2012) Name: Project E12101 Number: Owner: City of Corpus Christi Bidder: OAR: Designer:JLJA Engineering,Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid 1(HMAC) Part 1A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A1 Mobilization(Max.5%of Project Total) LS 1 1A2 Bonds&Insurance LS 1 1A3 Clear Right-Of-Way AC 4.9 1A4 Traffic Control Plan and Preparation LS 1 1A5 Traffic Control Mobilization/Adjustments LS 1 1A6 Traffic Control Items(Signs,Barricades,Channelizing Devices,Etc.) MO 19 1A7 Low Profile Concrete Barrier LF 2,900 1A8 Mobile Digital Sign Boards EA 2 1A9 Block Sodding SY 1,800 1A10 Storm Water Pollution Prevention Plan LS 1 1A11 Inlet Protection EA 36 1Al2 Silt Fence LF 2,800 1A13 Ozone Action Day DAYS 2 1A14 Allowance For Remediation of Contaminated Soils LS 1 $ 25,000.00 $ 25,000.00 1A15 Allowance For Phase II Environmental Assessment EA 2 $ 7,500.00 $ 15,000.00 SUBTOTAL PART 1A-GENERAL(Items 1A1 thru 1A15) Part 1 B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1131 Saw Cut Existing Asphalt Pavement and Curb&Gutter LF 1,033 1132 Remove Curb and Gutter LF 5,216 1133 Remove Asphalt Pavement SY 4,124 1134 Saw Cut Existing Concrete Driveway LF 470 1135 Remove Concrete Driveway SF 14,189 1136 Saw Cut Existing Asphalt Driveway LF 342 1137 Remove Asphalt Driveway SF 2,422 1138 Saw Cut Existing Concrete Pavement LF 257 169 Remove Concrete Pavement SF 2,507 1610 Remove Caliche Driveway SF 114 1611 Remove Existing Sign EA 24 1612 Remove Existing Traffic Sign EA 15 1813 Street Excavation(1'B.O.C.-2'Approx.Avg.Depth) SY 18,200 1614 12"Subgrade Preparation(1'B.O.C.) SY 18,200 1615 TX-5 Geogrid(1'B.O.C.) SY 18,200 1616 12"Crushed Limestone Base(Type A,Grade 1-2) SY 18,200 1617 Prime Coat(MC-30)(0.15 Gallon/SY) GAL 2,730 1618 4"Type'B'HMAC Base Course SY 16,255 1619 2"Type'D'HMAC Final Surface SY 16,255 1B20 Concrete Driveway SF 11,281 11321 Reflective Pavement Markings TY. 1 (W) (24"x9') (SLD) (100 Mil) LF 504 Crosswalk Page 1 of 5 Bid Form-Base Bid Part 1(H MAC)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 1 11322 Reflective Pavement Markings TY.1(W)(24")(SLD)(100 Mil)-Stop Bar LF 169 11323 Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 Mil) LF 4,268 11324 Reflective Pavement Markings TY.1(W)(4")(BKN)(100 Mil) LF 1,200 11325 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 80 11326 Raised Reflective Pavement Markings(TYII-B-B)Blue EA 9 11327 Raised Reflective Pavement Markings(TYII-C-R)White/Red EA 67 11328 Combo Stop Sign(R1-1)(30"x30")/Street Name Sign(Incl.Metal Pole and EA 16 Foundation) 11329 Speed Limit Sign(R2-1)(24"x30")(Incl.Metal Pole and Foundation) EA 4 11330 No Parking Sign(R8-3)(24"x30")(Incl.Metal Pole and Foundation) EA 6 11331 Combo No Parking Sign(R8-3)(24"x30")/R7-202TP(RED)(Incl. Metal Pole EA 2 and Foundation) 11332 Allowance For Unanticipated Street Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 1B-STREET IMPROVEMENTS (Items 161 thru 1632) Part 1C-RTA IMPROVEMENTS(8 Bus Stops)(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1C1 lConcrete Bus Pad SY 587 1C2 lConcrete Shelter Pad I SF 1,751 SUBTOTAL PART 1C-RTA IMPROVEMENTS(Items 1C1 thru 1C2) Part 1 D-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1D1 Saw Cut Existing Concrete Sidewalk LF 430 1D2 Remove Existing Concrete Sidewalk SF 14,009 1D3 5'Concrete Pedestrian Sidewalk SF 16,878 1D4 Concrete Curb Ramp SF 4,903 1D5 Sidewalk Retaining Curb LF 760 L 1D6 Sidewalk Drain EA 71D7 Allowance For Unanticipated ADA Improvements LS 1 $5,000.00 $5,000.00 BTOTAL PART 1D-ADA IMPROVEMENTS(1D1 THRU 1D7) Part 1 E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1E1 Remove Existing Storm Water Manhole EA 12 1E2 Remove Existing Storm Water Inlet EA 32 1E3 Remove Existing 15" RCP LF 1,345 1E4 Remove Existing 18" RCP LF 184 1E5 Remove Existing 24" RCP LF 798 1E6 Remove Existing 30" RCP LF 1,770 1E7 Remove Existing 36" RCP LF 414 1E8 18"Class III RCP LF 1,110 1E9 24"Class III RCP LF 69 1E10 27"Class III RCP LF 82 1E11 30"Class III RCP LF 188 1E12 36"Class III RCP LF 138 1E13 42"Class III RCP LF 456 1E14 48"Class III RCP LF 349 1E15 54"Class III RCP LF 1,367 1E16 4'x4'Precast Concrete Box LF 354 1E17 5'x4'Precast Concrete Box LF 375 Page 2 of 5 Bid Form-Base Bid Part 1(HMAC)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 1 1E18 6'x4'Precast Concrete Box LF 31 1E19 Pipe Trench Safety LF 4,519 1E20 5'Diameter TY'A'Manhole EA 9 1E21 6'Diameter TY'A'Manhole EA 5 1E22 7'DiameterTY'A'Manhole EA 4 1E23 3'x 3'Manhole Riser EA 1 1E24 5'x8'-2"Junction Box/Manhole EA 3 1E25 5'Curb Inlet EA 33 1E26 Trench Safety for Storm Water Manholes, Junction Boxes, Risers, and EA 55 Inlets 1E27 ITie Existing 15" RCP Into Proposed 5'Diameter Manhole EA 1 1E28 Tie Existing 24" RCP Into Proposed 5'Diameter Manhole EA 5 1E29 Tie Existing 18" RCP Into Proposed 6'Diameter Manhole EA 1 1E30 Tie Existing 24" RCP Into Proposed 6'Diameter Manhole EA 1 1E31 Tie Existing 30" RCP Into Proposed 6'Diameter Manhole EA 1 1E32 Tie Proposed 30" RCP Into Existing Manhole EA 2 1E33 Tie Proposed 5'x4'RCB Into Existing Junction Box EA 1 1E34 Tie Proposed 6'x4'RCB Into Existing Junction Box EA 1 1E35 6'x4' Precast Box Transition with Precast Pipe Transition Reducing EA 1 Stopper 1E36 Std.6"Curb and Gutter LF 5,842 1E37 lAllowance For Unanticipated Drainage Improvements LS 1 $25,000.00 $25,000.00 SUBTOTAL PART 1E-DRAINAGE(1E1 THRU 1E37) Part 1 F-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1F1 Remove and Salvage Existing Fire Hydrant EA 6 1F2 Remove Existing Water Service Line EA 8 1F3 Remove Water Meter EA 4 1F4 Remove Existing 3/4"Copper Waterline LF 137 1F5 Remove Existing 6"ACP Waterline LF 255 1F6 Remove Existing 6"CIP Waterline LF 143 1F7 Remove Existing 8"ACP Waterline LF 253 1F8 Remove Existing 8"CIP Waterline LF 221 1F9 Remove Existing 8" DIP Waterline LF 22 1F10 Remove Existing 10"ACP Waterline LF 2,930 1F11 Remove Existing 12"ACP Waterline LF 232 1F12 Remove Existing 16"ACP Waterline LF 121 1F13 Remove 6"Cap EA 1 1F14 3/4"Water Meter Connection EA 4 3/4" PE Water Service (Incl. Service Saddle, Corp. Stop, PE, and 1F15 Reconnection) LF 98 1F16 1" PE Water Service (Incl. Service Saddle, Corp. Stop, PE, and LF 47 Reconnection) 1F17 Water Meter Assembly EA 4 1F18 6"C900 PVC Waterline LF 310 1F19 8"C900 PVC Waterline LF 355 1F20 12"C900 PVC Waterline LF 3,252 1F21 16"C905 PVC Waterline LF 120 1F22 Pipe Trench Safety LF 4,037 1F23 Adjust 6"Waterline(Incl.DIP Waterline&All Req'd Fittings) EA 15 1F24 6" DI 45°Bend EA 5 1F25 6"Gate Valve&Box EA 4 1F26 Connect to Exist.6"ACP WL (Incl.All Req'd Fittings)With OMNI Coupling EA 5 S stem 1F27 8" DI 45°Bend EA 10 1F28 8" DI 22.5°Bend EA 1 Page 3 of 5 Bid Form-Base Bid Part 1(H MAC)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 3001 BID FORM ADDENDUM NO.2 ATTACHMENT 1 11`29 8"Gate Valve&Box EA 6 11`30 Connect to Exist.8"ACP WL (Incl.All Req'd Fittings)With OMNI Coupling EA 6 System Connect to Exist. 10" ACP WL (Incl. All Req'd Fittings) With OMNI 11`31 EA 3 Coupling System 11`32 JAdjust 12"Waterline(Incl.DIP Waterline&All Req'd Fittings) EA 8 11`33 12" DI 45°Bend EA 12 1F34 12"x6" DI Tee EA 5 11`35 12"x6" DI Cross EA 9 1F36 12"x8" DI Tee EA 3 11`37 12"x8" DI Cross EA 2 1F38 12" DI Tee EA 3 1F39 12" DI Cross EA 1 1F40 12"Gate Valve&Box EA 22 1F41 Connect to Exist. 12" ACP WL (Incl. All Req'd Fittings) With OMNI EA 5 Coupling System 1F42 16" DI 45°Bend EA 4 11`43 16"x12" Dl Cross EA 1 1F44 16"Gate Valve&Box EA 1 1F45 Connect to Exist. 16" ACP WL (Incl. All Req'd Fittings) With OMNI EA 2 Coupling System 1F46 Fire Hydrant Assembly(Type 1) EA 18 1F47 Pavement Repair SY 860 1F48 Adjust Existing Water Valve Boxes to Match Proposed Pavement EA 34 1F49 Allowance For Unanticipated Water Improvements LS 1 $25,000.00 $25,000.00 SUBTOTAL PART 1F-WATER IMPROVEMENTS(1F1 THRU 1F49) Part 1G-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1G1 Remove Existing 6" PVC Wastewater Line LF 134 1G2 Remove Existing 27"VCP Wastewater Line LF 125 1G3 Rehabilitate Existing 5'Diameter Manhole(8'-10'Depth) EA 1 1G4 6" PVC(SDR 26)Wastewater Line(6'-8'Depth) LF 134 1G5 27" PVC(SDR 26)Wastewater Line(8'-10'Depth) LF 125 1G6 Pipe Trench Safety LF 259 1G7 5'Diameter Manhole EA 2 1G8 5'Diameter Manhole Extra Depth(>6') VF 8 1G9 Trench Safety for Wastewater Manholes EA 2 1G10 Adjust Existing Wastewater Manhole Ring&Cover EA 3 1G11 6"Clean Out EA 1 1G12 Connect Existing 27"Wastewater Line to Proposed Wastewater Manhole EA 2 1G13 Wastewater Bypass Operations LS 1 1G14 Allowance For Unanticipated Wastewater Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 1G-WASTEWATER IMPROVEMENTS(1G1 THRU 1G14) Part 1H-GAS IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1H1 JAdjust Existing Gas Valve Boxes To Match Proposed Pavement EA 16 1H2 JAIlowance For Unanticipated Gas Improvements LS 1 $5,000.00 $5,000.00 SUBTOTAL PART 1H-GAS IMPROVEMENTS(1H1 THRU 1H2) Part 11-I.T.INFRASTRUCTURE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 111 IPull Box For 2" I.T. EA 5 112 2" Blank I.T.Conduit LF 3,040 113 Allowance For Unanticipated I.T.Infrastructure Improvements LS 1 $5,000.00 $5,000.00 SUBTOTAL PART 11-I.T.INFRASTRUCTURE IMPROVEMENTS(111 THRU 113) Page 4 of 5 Bid Form-Base Bid Part 1(HMAC)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 3001 BID FORM ADDENDUM NO.2 ATTACHMENT 1 Part 1J-ADDITIVE ALTERNATE NO.1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADE(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1J1 JAIlowance for Brownlee Blvd.Traffic Signal Upgrade I LS 1 1 $ 100,000.00 $ 100,000.00 SUBTOTAL PART 1J-ADDITIVE ALTERNATE NO.1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADES(1J1) $ 100,000.00 BID SUMMARY SUBTOTAL PART 1A-GENERAL(Items 1A1 thru 1A15) SUBTOTAL PART 1B-STREET IMPROVEMENTS(Items 161 thru 1632) SUBTOTAL PART 1C-RTA IMPROVEMENTS(8 BUS STOPS)(Items 1C1 thru 1C2) SUBTOTAL PART 1D-ADA IMPROVEMENTS(Items 1D1 thru 1D7) SUBTOTAL PART 1E-DRAINAGE IMPROVEMENTS(Items 1E1 thru 1E37) SUBTOTAL PART 1F-WATER IMPROVEMENTS(Items 11`1 thru 11`49) SUBTOTAL PART 1G-WASTEWATER IMPROVEMENTS(Items 1G1 thru 1G14) SUBTOTAL PART 1H-GAS IMPROVEMENTS(Items 11-11 thru 11-12) SUBTOTAL PART 11-I.T.INFRASTRUCTURE IMPROVEMENTS(111 THRU 113) TOTAL PROJECT BASE BID 1(HMAC)(PARTS 1A THRU 11) SUBTOTAL PART 1J-ADDITIVE ALTERNATE NO.1(1J1) $ 100,000.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PART 1J) $ 100,000.00 Contract Times Bidder agrees to reach Substantial Completion in 560 days Bidder agrees to reach Final Completion in 590 days Page 5 of 5 Bid Form-Base Bid Part 1(HMAC)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 2 Project Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012) Name: Project E12101 Number: Owner: City of Corpus Christi L Bidder:OAR:esigner:I LJA Engineering, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid 2(CONCRETE) Part 2A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A1 Mobilization(Max.5%of Project Total) LS 1 2A2 Bonds&Insurance LS 1 2A3 Clear Right-Of-Way AC 4.9 2A4 Traffic Control Plan and Preparation LS 1 2A5 Traffic Control Mobilization/Adjustments LS 1 2A6 ITraffic Control Items(Signs,Barricades,Channelizing Devices,Etc.) MO 19 2A7 Low Profile Concrete Barrier LF 2,900 2A8 Mobile Digital Sign Boards EA 2 2A9 Block Sodding SY 1,800 2A10 Storm Water Pollution Prevention Plan LS 1 2A11 Inlet Protection EA 36 2Al2 Silt Fence LF 2,800 2A13 Ozone Action Day DAYS 2 2A14 Allowance For Remediation of Contaminated Soils LS 1 $ 25,000.00 $ 25,000.00 2A15 Allowance For Phase II Environmental Assessment EA 2 $ 7,500.00 $ 15,000.00 SUBTOTAL PART 2A-GENERAL(Items 2A1 thru 2A35) Part 2B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 261 Saw Cut Existing Asphalt Pavement and Curb&Gutter LF 1,033 262 Remove Curb and Gutter LF 5216 263 Remove Asphalt Pavement SY 4,124 264 Saw Cut Existing Concrete Driveway LF 470 265 Remove Concrete Driveway SF 14,189 266 Saw Cut Existing Asphalt Driveway LF 342 267 Remove Asphalt Driveway SF 2,422 268 Saw Cut Existing Concrete Pavement LF 257 269 Remove Concrete Pavement SF 2,507 2610 Remove Caliche Driveway SF 114 2611 Remove Existing Sign EA 24 2612 Remove Existing Traffic Sign EA 15 2613 Street Excavation(1'B.O.C.-2'Approx.Avg.Depth) SY 18,200 2614 12"Subgrade Preparation(1'B.O.C.) SY 18,200 2615 6"Crushed Limestone Base(Type A,Grade 1-2) SY 18,200 2616 Prime Coat(MC-30)(0.15 Gallon/SY) GAL 2,730 2617 8"Reinforced Concrete(4,000 PSI)Pavement(B.O.C.),For Concrete SY 17,558 2618 Concrete Driveway SF 11,281 2619 Reflective Pavement Markings TY. 1 (W) (24"x9') (SLD) (100 Mil) LF 504 Crosswalk 2620 Reflective Pavement Markings TY.1(W)(24")(SLD)(100 Mil)-Stop Bar LF 169 2621 Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 Mil) LF 4,268 Page 1 of 5 Bid Form-Base Bid Part 2(CONCRETE)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 2 2622 Reflective Pavement Markings TY. 1(W)(4") (BKN) (100 Mil) LF 1,200 2623 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 80 2624 Raised Reflective Pavement Markings(TYII-B-B)Blue EA 9 2625 Raised Reflective Pavement Markings(TYII-C-R)White/Red EA 67 2626 Combo Stop Sign (R1-1) (30"x30") /Street Name Sign (Incl. Metal Pole EA 16 and Foundation 2627 Speed Limit Sign(R2-1) (24"x30")(Incl. Metal Pole and Foundation) EA 4 2628 No Parking Sign(R8-3) (24"x30")(Incl. Metal Pole and Foundation) EA 6 2629 Combo No Parking Sign (R8-3) (24"x30")/R7-202TP (RED) (Incl. Metal EA 2 Pole and Foundation) 121330 JAIlowance For Unanticipated Street Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2B-STREET IMPROVEMENTS(Items 2131 thru 2630) Part 2C-RTA IMPROVEMENTS(8 Bus Stops)(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2C1 lConcrete Shelter Pad SF 1 1,751 SUBTOTAL RTA IMPROVEMENTS(3 Bus Stops)(Items 2C1) Part 2D-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2D1 Saw Cut Existing Concrete Sidewalk LF 430 2D2 Remove Existing Concrete Sidewalk SF 14,009 2D3 5'Concrete Pedestrian Sidewalk SF 16,878 2D4 Concrete Curb Ramp SF 4,903 2D5 Sidewalk Retaining Curb LF 760 L2D6 ISidewalk Drain I EA 1 7 2D7 JAIlowance For Unanticipated ADA Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL ADA IMPROVEMENTS(Items 2D1 thru 2D7) Part 2E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2E1 Remove Existing Storm Water Manhole EA 12 2E2 Remove Existing Storm Water Inlet EA 32 2E3 Remove Existing 15"RCP LF 1,345 2E4 Remove Existing 18"RCP LF 184 2E5 Remove Existing 24"RCP LF 798 2E6 lRemove Existing 30"RCP LF 1,770 2E7 Remove Existing 36"RCP LF 414 2E8 18"Class III RCP LF 1,110 2E9 24"Class III RCP LF 69 2E10 27"Class III RCP LF 82 2E11 30"Class III RCP LF 188 2E12 36"Class III RCP LF 138 2E13 42"Class III RCP LF 456 2E14 48"Class III RCP LF 349 2E15 54"Class III RCP LF 1,367 2E16 4'x4' Precast Concrete Box LF 354 2E17 5'x4' Precast Concrete Box LF 375 2E18 6'x4' Precast Concrete Box LF 31 2E19 Pipe Trench Safety LF 4,519 2E20 5'Diameter TY W Manhole EA 9 Page 2 of 5 Bid Form-Base Bid Part 2(CONCRETE)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 2 2E21 6'DiameterTY'A' Manhole EA 5 2E22 7'DiameterTY'A' Manhole EA 4 2E23 3'x 3'Manhole Riser EA 1 2E24 5'x8'-2"Junction Box/Manhole EA 3 2E25 5'Curb Inlet EA 33 2E26 Trench Safety for Storm Water Manholes, Junction Boxes, Risers, and EA 55 Inlets 2E27 Tie Existing 15"RCP Into Proposed 5' Diameter Manhole EA 1 2E28 Tie Existing 24"RCP Into Proposed 5' Diameter Manhole EA 5 2E29 Tie Existing 18"RCP Into Proposed 6' Diameter Manhole EA 1 2E30 Tie Existing 24"RCP Into Proposed 6' Diameter Manhole EA 1 2E31 Tie Existing 30"RCP Into Proposed 6' Diameter Manhole EA 1 2E32 Tie Proposed 30"RCP Into Existing Manhole EA 2 2E33 Tie Proposed 5'x4' RCB Into Existing Junction Box EA 1 2E34 Tie Proposed 6'x4' RCB Into Existing Junction Box EA 1 2E35 6'x4' Precast Box Transition with Precast Pipe Transition Reducing EA 1 Stopper 2E36 Std.6"Curb LF 5,842 2E37 Allowance For Unanticipated Drainage Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART 2E-DRAINAGE IMPROVEMENTS(2E1 THRU 2E37) Part 2F-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 21`1 Remove and Salvage Existing Fire Hydrant EA 6 2F2 Remove Existing Water Service Line EA 8 2F3 Remove Water Meter EA 4 2F4 Remove Existing 3/4"Copper Waterline LF 137 2F5 Remove Existing 6"ACP Waterline LF 255 2F6 lRemove Existing 6"CIP Waterline LF 143 2F7 Remove Existing 8"ACP Waterline LF 253 2F8 Remove Existing 8"CIP Waterline LF 221 2F9 Remove Existing 8"DIP Waterline LF 22 2F10 Remove Existing 10"ACP Waterline LF 2,930 2F11 Remove Existing 12"ACP Waterline LF 232 2F12 Remove Existing 16"ACP Waterline LF 121 2F13 Remove 6"Cap EA 1 2F14 3/4"Water Meter Connection EA 4 21`15 3/4" PE Water Service (Incl. Service Saddle, Corp. Stop, PE, and LF 98 Reconnection) 21`16 1" PE Water Service (Incl. Service Saddle, Corp. Stop, PE, and LF 47 Reconnection) 2F17 Water Meter Assembly EA 4 21`18 6"C900 PVC Waterline LF 310 21`19 8"C900 PVC Waterline LF 355 21`20 12"C900 PVC Waterline LF 3,252 21`21 16"C905 PVC Waterline LF 120 21`22 Pipe Trench Safety LF 4,037 2F23 Adjust 6"Waterline(Incl.DIP Waterline&All Req'd Fittings) EA 15 21`24 6"DI 45°Bend EA 5 21`25 6"Gate Valve&Box EA 4 21`26 Connect to Exist.6"ACP WL(Incl.All Req'd Fittings)With OMNI Coupling EA 5 System 21`27 8"DI 45°Bend EA 10 21`28 8"DI 22.5°Bend EA 1 21`29 8"Gate Valve&Box EA 6 Page 3 of 5 Bid Form-Base Bid Part 2(CONCRETE)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 2 21`30 Connect to Exist.8"ACP WL(Incl.All Req'd Fittings)With OMNI Coupling EA 6 System 21`31 Connect to Exist. 10" ACP WL (Incl. All Req'd Fittings) With OMNI EA 3 Coupling System 21`32 Adjust 12"Waterline(Incl.DIP Waterline&All Req'd Fittings) EA 8 21`33 12"DI 45°Bend EA 12 2F34 12"x6"DI Tee EA 5 2F35 12"x6"DI Cross EA 9 2F36 12"x8"DI Tee EA 3 2F37 12"x8"DI Cross EA 2 2F38 12"DI Tee EA 3 2F39 12"DI Cross EA 1 2F40 12"Gate Valve&Box EA 22 21`41 Connect to Exist. 12" ACP WL (Incl. All Req'd Fittings) With OMNI EA 5 Coupling System 21`42 16"DI 45°Bend EA 4 2F43 16"x12"DI Cross EA 1 2F44 16"Gate Valve&Box EA 1 21`45 Connect to Exist. 16" ACP WL (Incl. All Req'd Fittings) With OMNI EA 2 Coupling System 2F46 Fire Hydrant Assembly(Type 1) EA 18 2F47 Pavement Repair SY 860 2F48 Adjust Existing Water Valve Boxes to Match Proposed Pavement EA 34 2F49 Allowance For Unanticipated Water Improvements LS 1 $25,000.00 $25,000.00 SUBTOTAL PART 2F-WATER IMPROVEMENTS(21`1 THRU 2F49) Part 2G-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2G1 Remove Existing 6"PVC Wastewater Line LF 134 2G2 Remove Existing 27"VCP Wastewater Line LF 125 2G3 Rehabilitate Existing 5' Diameter Manhole(8'-10'Depth) EA 1 2G4 6"PVC(SDR 26)Wastewater Line(6'-8' Depth) LF 134 2G5 27"PVC(SDR 26)Wastewater Line(8'-10' Depth) LF 125 2G6 Pipe Trench Safety LF 259 2G7 5'Diameter Manhole EA 2 2G8 5'Diameter Manhole Extra Depth(>6') VF 8 2G9 Trench Safety for Wastewater Manholes EA 2 2G10 Adjust Existing Wastewater Manhole Ring&Cover EA 3 2G11 6"Clean Out EA 1 2G12 Connect Existing 27"Wastewater Line to Proposed Wastewater Manhole EA 2 2G13 Wastewater Bypass Operations LS 1 2G14 Allowance For Unanticipated Wastewater Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 2G-WASTEWATER IMPROVEMENTS(2G1 THRU 2G14) Part 2H-GAS IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2H1 JAdjust Existing Gas Valve Boxes to Match Proposed Pavement EA 16 2H2 JAIlowance For Unanticipated Gas Improvements LS 1 $5,000.00 $5,000.00 SUBTOTAL PART 2H-GAS IMPROVEMENTS(21-11 THRU 21-12) Page 4 of 5 Bid Form-Base Bid Part 2(CONCRETE)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 00 30 01 BID FORM ADDENDUM NO.2 ATTACHMENT 2 Part 21-I.T.INFRASTRUCTURE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 211 Pull Box For 2"I.T. EA 5 212 2"Blank I.T.Conduit LF 3,040 213 Allowance For Unanticipated I.T. Infrastructure Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART 21-I.T.INFRASTRUCTURE IMPROVEMENTS(211THRU 213) Part 2J-ADDITIVE ALTERNATE NO.1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADE(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2J1 JAIlowance for Brownlee Blvd.Traffic Signal Upgrade I LS 1 $ 100,000.00 $ 100,000.00 SUBTOTAL PART 2.1-ADDITIVE ALTERNATE NO.1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADES(2J1) $ 100,000.00 BID SUMMARY SUBTOTAL PART 2A-GENERAL(Items 2A1 thru 2A15) SUBTOTAL PART 2B-STREET IMPROVEMENTS(Items 2B1 thru 2B30) SUBTOTAL PART 2C-RTA IMPROVEMENTS(3 BUS STOPS) (Item 2C1) SUBTOTAL PART 2D-ADA IMPROVEMENTS(Items 2D1 thru 2D7) SUBTOTAL PART 2E-DRAINAGE IMPROVEMENTS(Items 2E1 thru 2E37) SUBTOTAL PART 2F-WATER IMPROVEMENTS(Items 21`1 thru 2F49) SUBTOTAL PART 2G-WASTEWATER IMPROVEMENTS(Items 2G1 thru 2G14) SUBTOTAL PART 2H-GAS IMPROVEMENTS(Items 2H1 thru 2H2) SUBTOTAL PART 21-I.T.INFRASTRUCTURE IMPROVEMENTS(Items 211 thru 213) TOTAL PROJECT BASE BID 2(CONCRETE)(PARTS 2A THRU 21) SUBTOTAL PART 2.1-ADDITIVE ALTERNATE NO. 1(2J1) $ 100,000.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PART 2J) $ 100,000.00 Contract Times Bidder agrees to reach Substantial Completion in 560 days Bidder agrees to reach Final Completion in 590 days Page 5 of 5 Bid Form-Base Bid Part 2(CONCRETE)Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012),Project No.E12101 10/2018 PART1A-GENERAL PART Ill-GAS IMPROVEMENTS PART 11-I.T.INFRASTRUCTURE IMPROVEMENTS PIT 1-11 EALTERNATE NO 1­NLEE 111.TIFF,C IPLz LL_7 ............. 7, _ PART1B-STREET IMPROVEMENTS --z -WATERIMPRO EMENTS PART1F W -7— pC K Q 77- It 7 7= 17 _7= x L icz-R 7, , Lj 1, :3-1 o PART—RJA IMPROVEMENTS IS BUS STOPS) z I.LV W v) PART11D-ADA IMPROVEMENTS z L)V) oho O r z 0 jg PART 1Ec-DRAINAGE IMPROVEMENTS 7_44 7 PART 1G-WASTEWA TER IMPROVEMENTS M ADDENDUM N,.2 ATTACHMENT N..I PAGE 1 OF 2 BASE BID 1 �l sxm 5 a 709 (HMAC) STR 881 c-199 on flMYL!/EI 2101 PART2A-GENERAL L_'TEIIT� PART 2H-GAS IMPROVEMENTS asr PART 21c-I.T.INFRASTRUCTURE IMPROVEMENTS as not 1PART 2I�AADNDTL7ALT�E ATE NO.1 BROMINUEE BLVD.TRAFFIC SIGNAL UPGRADE L _7 z 7 7-TION eic1 ART 2B-STREET IMPROVEMENTS aM xxn 7xa PART 2Fc-VkfA TER IMPROVEMENTS -Z 12' W -7- pC x z PA RT 2C-RTA IMPROVEMENTS IS BUS STOPS) o FA-R-TL2EN--'TDLA�l'-MLPTR-'O'V-AEMENTS z.1 7 7N 77- rz Z L)V) W c) z 0 PART 2E DRAINAGE IMPROVEMENTS rz PART 2G WASTEWA TER IMPROVEMENTS ADDENDUM N0.2 7 PAGE 2 OF 2 ATTACH ENT NI 3 BASE BID 2 sHo 6 .1709 (CONCRETE) STR 881 C-199 -P-1 E12101 E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM PROJECT: E12101 Morgan Ave. from S. Staples Street to Crosstown Expressway (Bond 2012) BIDDER: Bay Ltd. TOTAL BID: COMPLETION TIME: Not Required BIDDER INFO: 1414 Valero Way Corpus Christi,TX 78409 P: 361-299-3730 F: ADDENDUM NO. 1 ATTACHMENT 2 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: 2:00 P.M. on Wednesday, May 1, 2019 for Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 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. To submit the original bid security or if submitting hard copy bids, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid — Morgan Ave. From Staples Street To Crosstown Expressway (Bond 2012), Project No. E12101 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID 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 acknowledges that Owner,at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 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. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 1 4/26/2019 Bid Acknowledgement Form 003000-1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012),Project No. 12101 Rev 10/2018 • ADDENDUM NO. 1 ATTACHMENT 2 Addendum No. Addendum Date Signature Acknowledging Receipt 2 4/29/2019 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost,progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are 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. Bid Acknowledgement Form 003000-2 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. 12101 Rev 10/2018 ADDENDUM NO. 1 ATTACHMENT 2 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ 6,275,173.95 Add Alternate 1 $ 100,000.00 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. A. The Bidder selected for award of the Contract will be the Lowest Responsible Bidder that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. 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. ARTICLES—EVALUATION OF BIDDERS 5.01 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 responsive, responsible Bidder. Bid Acknowledgement Form 003000-3 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012),Project No. 12101 Rev 10/2018 ADDENDUM NO. 1 ATTACHMENT 2 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, correct mathematical errors or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 560 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 17.16 of the General Conditions within 590 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 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM. 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. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE Bid Acknowledgement Form 003000-4 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012),Project No. 12101 Rev 10/2018 ADDENDUM NO. 1 ATTACHMENT 2 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—ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers,employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid, directly or indirectly,through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act. ARTICLE 11—SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 11.03 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. 11.04 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. 11.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form 003000-5 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012),Project No.12101 Rev 10/2018 ADDENDUM NO. 1 ATTACHMENT 2 ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: Berry Contracting,LP dba Bay Ltd. (typed or printed full legal name of Bidder) A,� By C. 5 Iv` (in ' 'dual's signature) Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed or printed) Attest: (i ividual's signature) State of Residency: Texas Federal Tax Id. No. 74-2982901 Address for giving notices: Bay Ltd. 1414 Valero Way Corpus Christi,TX 78409 Phone: (361)693-2100(main#) Email: lentzj@bayltd.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012),Project No. 12101 Rev 10/2018 i SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berq Operating Company,LLC, general partner of Berry Contracting,LP,dba Bay Ltd.held a special meeting this lst 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,federal, quasi- j 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.Bevy 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 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. I 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 furnish a certified copy hereof to any interested parties with the f knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification, or revocation of such authority. i i Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 I � ADpgayr,dd Correct: i I I dward A. Ma i ,President i f i Attest: i E i i '1 DonEtta Beaty, Secretar Certification i 1, DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 1 It day of February 2017,to which witness my hand. i DonEtta Beaty, Secretar i I ii 1 I 1 I i 1 I 3 , i 1 1 i i i E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM BID TOTALS BASE BID 1 Total PART 1A-GENERAL(ITEMS 1A1 THRU 1A15) $627,718.00 PART 1 B-STREET IMPROVEMENTS (ITEMS 1 B1 THRU 1 B32) $1,803,102.65 PART 1C- RTA IMPROVEMENTS(ITEMS 1C1 THRU 1C2) $131,208.00 PART 1 D-ADA IMPROVEMENTS(1 D1 THRU 1 D7) $364,496.05 PART 1 E- DRAINAGE(1 E1 THRU 1 E37) $1,968,030.10 PART 1 F-WATER IMPROVEMENTS(1 F1 THRU 1 F49) $1,130,098.55 PART 1G-WASTEWATER IMPROVEMENTS(1 G1 THRU 1G14) $175,100.60 PART 1 H -GAS IMPROVEMENTS(1 H1 THRU 11-12) $13,160.00 PART 11 - I.T. INFRASTRUCTURE IMPROVEMENTS(111 THRU 113) $62,260.00 Total $6,275,173.95 ADDITIVE ALTERNATE 1-BASE BID 1 Total PART 1J -ADDITIVE ALTERNATE NO. 1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADES(1J1) $100,000.00 Total $100,000.00 BASE BID 2 Total PART 2A-GENERAL(ITEMS 2A1 THRU 2A15) Not Bidding PART 2B-STREET IMPROVEMENTS (ITEMS 2131 THRU 21330) Not Bidding PART 2C- RTA IMPROVEMENTS(3 BUS STOPS)(ITEMS 2C1 THRU 2C1) Not Bidding PART 2D-ADA IMPROVEMENTS(ITEMS 2D1 THRU 2D7) Not Bidding PART 2E- DRAINAGE IMPROVEMENTS(2E1 THRU 2E37) Not Bidding PART 2F-WATER IMPROVEMENTS(2F1 THRU 2F49) Not Bidding PART 2G-WASTEWATER IMPROVEMENTS(2G1 THRU 2G14) Not Bidding PART 2H -GAS IMPROVEMENTS(21-11 THRU 21-12) Not Bidding PART 21 - I.T. INFRASTRUCTURE IMPROVEMENTS(211 THRU 213) Not Bidding Total Not Bidding ADDITIVE ALTERNATE 1-BASE BID 2 Total E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM PART 1J -ADDITIVE ALTERNATE NO. 1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADES(1J1) Not Bidding Total Not Bidding PART 1A-GENERAL(ITEMS 1A1 THRU 1A15) No. Description Unit Qty Unit Price Ext Price 1A1 MOBILIZATION(MAX. 5%OF PROJECT LS 1 $231,300.00 $231,300.00 TOTAL) 1A2 BONDS&INSURANCE LS 1 $45,000.00 $45,000.00 1A3 CLEAR RIGHT-OF-WAY AC 4.9 $1,300.00 $6,370.00 1A4 TRAFFIC CONTROL PLAN AND LS 1 $20,700.00 $20,700.00 PREPARATION 1A5 TRAFFIC CONTROL LS 1 $15,100.00 $15,100.00 MOBILIZATION/ADJUSTMENTS 1A6 TRAFFIC CONTROL ITEMS(SIGNS, MO 19 $3,500.00 $66,500.00 BARRICADES,CHANNELIZING DEVICES, ETC.) 1A7 LOW PROFILE CONCRETE BARRIER LF 2900 $39.00 $113,100.00 1A8 MOBILE DIGITAL SIGN BOARDS EA 2 $10,100.00 $20,200.00 1A9 BLOCK SODDING SY 1800 $19.25 $34,650.00 1A10 STORM WATER POLLUTION LS 1 $8,100.00 $8,100.00 PREVENTION PLAN 1A11 INLET PROTECTION EA 36 $170.00 $6,120.00 1Al2 SILT FENCE LF 2800 $7.30 $20,440.00 1A13 OZONE ACTION DAY DAYS 2 $69.00 $138.00 1A14 ALLOWANCE FOR REMEDIATION OF LS 1 $25,000.00 $25,000.00 CONTAMINATED SOILS 1A15 ALLOWANCE FOR PHASE II EA 2 $7,500.00 $15,000.00 ENVIRONMENTAL ASSESSMENT Sub Total: $627,718.00 PART 1B-STREET IMPROVEMENTS (ITEMS 11131 THRU 111332) No. Description Unit Qty Unit Price Ext Price 1131 SAW CUT EXISTING ASPHALT PAVEMENT LF 1033 $3.80 $3,925.40 AND CURB&GUTTER E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1132 REMOVE CURB AND GUTTER LF 5216 $6.40 $33,382.40 1133 REMOVE ASPHALT PAVEMENT SY 4124 $6.50 $26,806.00 1 B4 SAW CUT EXISTING CONCRETE LF 470 $7.90 $3,713.00 DRIVEWAY 1135 REMOVE CONCRETE DRIVEWAY SF 14189 $2.70 $38,310.30 1136 SAW CUT EXISTING ASPHALT DRIVEWAY LF 342 $3.80 $1,299.60 1137 REMOVE ASPHALT DRIVEWAY SF 2422 $4.00 $9,688.00 1138 SAW CUT EXISTING CONCRETE LF 257 $10.25 $2,634.25 PAVEMENT 1139 REMOVE CONCRETE PAVEMENT SF 2507 $4.30 $10,780.10 11310 REMOVE CALICHE DRIVEWAY SF 114 $7.50 $855.00 11311 REMOVE EXISTING SIGN EA 24 $76.00 $1,824.00 11312 REMOVE EXISTING TRAFFIC SIGN EA 15 $76.00 $1,140.00 11313 STREET EXCAVATION(1' B.O.C. -2' SY 18200 $10.00 $182,000.00 APPROX.AVG. DEPTH) 11314 12"SUBGRADE PREPARATION(1' B.O.C.) SY 18200 $2.00 $36,400.00 11315 TX-5 GEOGRID(1' B.O.C.) SY 18200 $3.90 $70,980.00 11316 12"CRUSHED LIMESTONE BASE(TYPE A, SY 18200 $27.00 $491,400.00 GRADE 1-2) 11317 PRIME COAT(MC-30)(0.15 GALLON/SY) GAL 2730 $5.40 $14,742.00 11318 4"TYPE'B' HMAC BASE COURSE SY 16255 $27.00 $438,885.00 11319 2"TYPE'D' HMAC FINAL SURFACE SY 16255 $12.75 $207,251.25 1 B20 CONCRETE DRIVEWAY SF 11281 $14.00 $157,934.00 1 B21 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 504 $15.25 $7,686.00 (W)(24"X9')(SLD)(100 MIL)- CROSSWALK 1 B22 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 169 $17.75 $2,999.75 (W)(24")(SLD)(100 MIL)-STOP BAR 1 B23 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 4268 $1.15 $4,908.20 (Y)(4")(SLD)(100 MIL) 1 B24 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 1200 $1.15 $1,380.00 (W)(4")(BKN)(100 MIL) 1 B25 RAISED REFLECTIVE PAVEMENT EA 80 $6.40 $512.00 MARKINGS(TYII-A-A)YELLOW E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1 B26 RAISED REFLECTIVE PAVEMENT EA 9 $6.40 $57.60 MARKINGS(TYII-B-B) BLUE 1 B27 RAISED REFLECTIVE PAVEMENT EA 67 $6.40 $428.80 MARKINGS(TYII-C-R)WHITE/RED 1 B28 COMBO STOP SIGN(R1-1)(30"X30") EA 16 $1,100.00 $17,600.00 /STREET NAME SIGN(INCL. METAL POLE AND FOUNDATION) 1 B29 SPEED LIMIT SIGN(R2-1)(24"X30")(INCL. EA 4 $700.00 $2,800.00 METAL POLE AND FOUNDATION) 1 B30 NO PARKING SIGN(R8-3)(24"X30") EA 6 $700.00 $4,200.00 (INCL. METAL POLE AND FOUNDATION) 1 B31 COMBO NO PARKING SIGN(R8-3) EA 2 $790.00 $1,580.00 (24"X30")/R7-202TP(RED)(INCL. METAL POLE AND FOUNDATION) 1 B32 ALLOWANCE FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 STREET IMPROVEMENTS Sub Total: $1,803,102.65 PART 1C-RTA IMPROVEMENTS(ITEMS 1C1 THRU 1C2) No. Description Unit Qty Unit Price Ext Price 1C1 CONCRETE BUS PAD SY 587 $140.00 $82,180.00 1C2 CONCRETE SHELTER PAD SF 1751 $28.00 $49,028.00 Sub Total: $131,208.00 PART 1D-ADA IMPROVEMENTS(1D1 THRU 1D7) No. Description Unit Qty Unit Price Ext Price 1D1 SAW CUT EXISTING CONCRETE LF 430 $6.40 $2,752.00 SIDEWALK 1D2 REMOVE EXISTING CONCRETE SF 14009 $2.80 $39,225.20 SIDEWALK 1D3 5'CONCRETE PEDESTRIAN SIDEWALK SF 16878 $9.70 $163,716.60 1 D4 CONCRETE CURB RAMP SF 4903 $15.75 $77,222.25 1D5 SIDEWALK RETAINING CURB LF 760 $63.00 $47,880.00 1D6 SIDEWALK DRAIN EA 7 $4,100.00 $28,700.00 1D7 ALLOWANCE FOR UNANTICIPATED ADA LS 1 $5,000.00 $5,000.00 IMPROVEMENTS E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM Sub Total: $364,496.05 PART 1E-DRAINAGE(1E1 THRU 1E37) No. Description Unit Qty Unit Price Ext Price 1 E1 REMOVE EXISTING STORM WATER EA 12 $1,900.00 $22,800.00 MANHOLE 1 E2 REMOVE EXISTING STORM WATER INLET EA 32 $1,600.00 $51,200.00 1 E3 REMOVE EXISTING 15" RCP LF 1345 $64.00 $86,080.00 1 E4 REMOVE EXISTING 18" RCP LF 184 $84.00 $15,456.00 1 E5 REMOVE EXISTING 24" RCP LF 798 $50.00 $39,900.00 1 E6 REMOVE EXISTING 30" RCP LF 1770 $19.00 $33,630.00 1 E7 REMOVE EXISTING 36" RCP LF 414 $21.00 $8,694.00 1 E8 18"CLASS III RCP LF 1110 $170.00 $188,700.00 1 E9 24"CLASS III RCP LF 69 $200.00 $13,800.00 1 E10 27"CLASS III RCP LF 82 $220.00 $18,040.00 1 E11 30"CLASS III RCP LF 188 $230.00 $43,240.00 1 E12 36"CLASS III RCP LF 138 $340.00 $46,920.00 1 E13 42"CLASS III RCP LF 456 $230.00 $104,880.00 1 E14 48"CLASS III RCP LF 349 $250.00 $87,250.00 1 E15 54"CLASS III RCP LF 1367 $270.00 $369,090.00 1 E16 4'X4' PRECAST CONCRETE BOX LF 354 $360.00 $127,440.00 1 E17 5'X4' PRECAST CONCRETE BOX LF 375 $420.00 $157,500.00 1 E18 6'X4' PRECAST CONCRETE BOX LF 31 $800.00 $24,800.00 1 E19 PIPE TRENCH SAFETY LF 4519 $5.90 $26,662.10 1 E20 5' DIAMETER TY'A' MANHOLE EA 9 $4,100.00 $36,900.00 1 E21 6' DIAMETER TY'A' MANHOLE EA 5 $6,500.00 $32,500.00 1 E22 7' DIAMETER TY'A' MANHOLE EA 4 $10,700.00 $42,800.00 1 E23 3'X 3' MANHOLE RISER EA 1 $5,500.00 $5,500.00 1 E24 5'X8'-2"JUNCTION BOX/MANHOLE EA 3 $14,200.00 $42,600.00 1 E25 5'CURB INLET EA 33 $4,000.00 $132,000.00 E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1 E26 TRENCH SAFETY FOR STORM WATER EA 55 $140.00 $7,700.00 MANHOLES,JUNCTION BOXES, RISERS, AND INLETS 1 E27 TIE EXISTING 15" RCP INTO PROPOSED EA 1 $940.00 $940.00 5' DIAMETER MANHOLE 1 E28 TIE EXISTING 24" RCP INTO PROPOSED EA 5 $1,700.00 $8,500.00 5' DIAMETER MANHOLE 1 E29 TIE EXISTING 18" RCP INTO PROPOSED EA 1 $1,400.00 $1,400.00 6' DIAMETER MANHOLE 1 E30 TIE EXISTING 24" RCP INTO PROPOSED EA 1 $1,500.00 $1,500.00 6' DIAMETER MANHOLE 1 E31 TIE EXISTING 30" RCP INTO PROPOSED EA 1 $2,000.00 $2,000.00 6' DIAMETER MANHOLE 1 E32 TIE PROPOSED 30" RCP INTO EXISTING EA 2 $2,000.00 $4,000.00 MANHOLE 1 E33 TIE PROPOSED 5'X4' RCB INTO EXISTING EA 1 $4,600.00 $4,600.00 JUNCTION BOX 1 E34 TIE PROPOSED 6'X4' RCB INTO EXISTING EA 1 $4,700.00 $4,700.00 JUNCTION BOX 1 E35 6'X4' PRECAST BOX TRANSITION WITH EA 1 $9,100.00 $9,100.00 PRECAST PIPE TRANSITION REDUCING STOPPER 1 E36 STD. 6"CURB AND GUTTER LF 5842 $24.00 $140,208.00 1 E37 ALLOWANCE FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 DRAINAGE IMPROVEMENTS Sub Total: $1,968,030.10 PART 1F-WATER IMPROVEMENTS(1F1 THRU 1F49) No. Description Unit Qty Unit Price Ext Price 1F1 REMOVE AND SALVAGE EXISTING FIRE EA 6 $470.00 $2,820.00 HYDRANT 1F2 REMOVE EXISTING WATER SERVICE LINE EA 8 $480.00 $3,840.00 1F3 REMOVE WATER METER EA 4 $350.00 $1,400.00 1F4 REMOVE EXISTING 3/4"COPPER LF 137 $10.25 $1,404.25 WATERLINE 1F5 REMOVE EXISTING 6"ACP WATERLINE LF 255 $84.00 $21,420.00 1F6 REMOVE EXISTING 6"CIP WATERLINE LF 143 $71.00 $10,153.00 E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1 F7 REMOVE EXISTING 8"ACP WATERLINE LF 253 $84.00 $21,252.00 1 F8 REMOVE EXISTING 8"CIP WATERLINE LF 221 $51.00 $11,271.00 1 F9 REMOVE EXISTING 8" DIP WATERLINE LF 22 $110.00 $2,420.00 1 F10 REMOVE EXISTING 10"ACP WATERLINE LF 2930 $72.00 $210,960.00 1 F11 REMOVE EXISTING 12"ACP WATERLINE LF 232 $81.00 $18,792.00 1 F12 REMOVE EXISTING 16"ACP WATERLINE LF 121 $87.00 $10,527.00 1 F13 REMOVE 6"CAP EA 1 $500.00 $500.00 1 F14 3/4"WATER METER CONNECTION EA 4 $730.00 $2,920.00 1 F15 3/4" PE WATER SERVICE(INCL. SERVICE LF 98 $58.00 $5,684.00 SADDLE,CORP.STOP, PE,AND RECONNECTION) 1 F16 1" PE WATER SERVICE(INCL. SERVICE LF 47 $72.00 $3,384.00 SADDLE,CORP.STOP, PE,AND RECONNECTION) 1F17 WATER METER ASSEMBLY EA 4 $1,300.00 $5,200.00 1 F18 6"C900 PVC WATERLINE LF 310 $69.00 $21,390.00 1 F19 8"C900 PVC WATERLINE LF 355 $72.00 $25,560.00 1 F20 12"C900 PVC WATERLINE LF 3252 $67.00 $217,884.00 1 F21 16"C905 PVC WATERLINE LF 120 $130.00 $15,600.00 1 F22 PIPE TRENCH SAFETY LF 4037 $2.90 $11,707.30 1 F23 ADJUST 6"WATERLINE(INCL. DIP EA 15 $3,400.00 $51,000.00 WATERLINE&ALL REQ'D FITTINGS) 1 F24 6" DI 450 BEND EA 5 $280.00 $1,400.00 1 F25 6"GATE VALVE&BOX EA 4 $2,000.00 $8,000.00 1 F26 CONNECT TO EXIST. 6"ACP WL(INCL. EA 5 $1,900.00 $9,500.00 ALL REQ'D FITTINGS)WITH OMNI COUPLING SYSTEM 1 F27 8" DI 450 BEND EA 10 $340.00 $3,400.00 1 F28 8" DI 22.50 BEND EA 1 $310.00 $310.00 1 F29 8"GATE VALVE&BOX EA 6 $2,200.00 $13,200.00 1 F30 CONNECT TO EXIST. 8"ACP WL(INCL. EA 6 $1,500.00 $9,000.00 ALL REQ'D FITTINGS)WITH OMNI COUPLING SYSTEM E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1 F31 CONNECT TO EXIST. 10"ACP WL(INCL. EA 3 $2,200.00 $6,600.00 ALL REQ'D FITTINGS)WITH OMNI COUPLING SYSTEM 1 F32 ADJUST 12"WATERLINE(INCL. DIP EA 8 $7,700.00 $61,600.00 WATERLINE&ALL REQ'D FITTINGS) 1 F33 12" DI 450 BEND EA 12 $590.00 $7,080.00 1 F34 12"X6" DI TEE EA 5 $910.00 $4,550.00 1 F35 12"X6" DI CROSS EA 9 $180.00 $1,620.00 1 F36 12"X8" DI TEE EA 3 $330.00 $990.00 1 F37 12"X8" DI CROSS EA 2 $1,200.00 $2,400.00 1 F38 12" DI TEE EA 3 $460.00 $1,380.00 1 F39 12" DI CROSS EA 1 $1,200.00 $1,200.00 1 F40 12"GATE VALVE&BOX EA 22 $3,300.00 $72,600.00 1 F41 CONNECT TO EXIST. 12"ACP WL(INCL. EA 5 $2,000.00 $10,000.00 ALL REQ'D FITTINGS)WITH OMNI COUPLING SYSTEM 1 F42 16" DI 450 BEND EA 4 $1,000.00 $4,000.00 1 F43 16"X12" DI CROSS EA 1 $2,000.00 $2,000.00 1 F44 16"GATE VALVE&BOX EA 1 $11,000.00 $11,000.00 1 F45 CONNECT TO EXIST. 16"ACP WL(INCL. EA 2 $2,800.00 $5,600.00 ALL REQ'D FITTINGS)WITH OMNI COUPLING SYSTEM 1F46 FIRE HYDRANT ASSEMBLY(TYPE 1) EA 18 $4,500.00 $81,000.00 1 F47 PAVEMENT REPAIR SY 860 $95.00 $81,700.00 1 F48 ADJUST EXISTING WATER VALVE BOXES EA 34 $820.00 $27,880.00 TO MATCH PROPOSED PAVEMENT 1 F49 ALLOWANCE FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 WATER IMPROVEMENTS Sub Total: $1,130,098.55 PART 1G-WASTEWATER IMPROVEMENTS(1G1 THRU 1G14) No. Description Unit Qty Unit Price Ext Price 1G1 REMOVE EXISTING 6" PVC WASTEWATER LF 134 $40.00 $5,360.00 LINE E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 1 G2 REMOVE EXISTING 27"VCP LF 125 $120.00 $15,000.00 WASTEWATER LINE 1G3 REHABILITATE EXISTING 5' DIAMETER EA 1 $11,300.00 $11,300.00 MANHOLE(8'-10' DEPTH) 1 G4 6" PVC(SDR 26)WASTEWATER LINE(6'-8' LF 134 $110.00 $14,740.00 DEPTH) 1 G5 27" PVC(SDR 26)WASTEWATER LINE(8'- LF 125 $210.00 $26,250.00 10' DEPTH) 1 G6 PIPE TRENCH SAFETY LF 259 $3.40 $880.60 1G7 5' DIAMETER MANHOLE EA 2 $8,900.00 $17,800.00 1G8 5' DIAMETER MANHOLE EXTRA DEPTH(> VF 8 $510.00 $4,080.00 6') 1G9 TRENCH SAFETY FOR WASTEWATER EA 2 $1,700.00 $3,400.00 MANHOLES 1G10 ADJUST EXISTING WASTEWATER EA 3 $2,400.00 $7,200.00 MANHOLE RING&COVER 1G11 6"CLEAN OUT EA 1 $890.00 $890.00 1G12 CONNECT EXISTING 27"WASTEWATER EA 2 $8,400.00 $16,800.00 LINE TO PROPOSED WASTEWATER MANHOLE 1G13 WASTEWATER BYPASS OPERATIONS LS 1 $46,400.00 $46,400.00 1G14 ALLOWANCE FOR UNANTICIPATED LS 1 $5,000.00 $5,000.00 WASTEWATER IMPROVEMENTS Sub Total: $175,100.60 PART 1H-GAS IMPROVEMENTS(1H1 THRU 111-112) No. Description Unit Qty Unit Price Ext Price 11-11 ADJUST EXISTING GAS VALVE BOXES TO EA 16 $510.00 $8,160.00 MATCH PROPOSED PAVEMENT 11-12 ALLOWANCE FOR UNANTICIPATED GAS LS 1 $5,000.00 $5,000.00 IMPROVEMENTS Sub Total: $13,160.00 PART 11- I.T. INFRASTRUCTURE IMPROVEMENTS(111 THRU 113) No. Description Unit Qty Unit Price Ext Price 111 PULL BOX FOR 2" I.T. EA 5 $3,700.00 $18,500.00 E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM 112 2" BLANK I.T. CONDUIT LF 3040 $12.75 $38,760.00 113 ALLOWANCE FOR UNANTICIPATED I.T. LS 1 $5,000.00 $5,000.00 INFRASTRUCTURE IMPROVEMENTS Sub Total: $62,260.00 PART 1J-ADDITIVE ALTERNATE NO.1 BROWNLEE BLVD.TRAFFIC SIGNAL UPGRADES(1J1) No. Description Unit Qty Unit Price Ext Price 1J1 Allowance for Brownlee Blvd.Traffic LS 1 $100,000.00 $100,000.00 Signal Upgrade Sub Total: $100,000.00 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 ❑x Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Berry Contracting, LP dba Bay Ltd. (typed or printed) By: 6 signature--attach eviden of author4 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 Compliance to State Law on Nonresident Bidders 003002-1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 10/2018 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 11t 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,federal,quasi- governmental entities and private bodies. I RESOLVED that the following named 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.Bevy Vice President A.L. Berry Vice President Edward A.Martina 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 require,hereby ratifying and affirming all such acts, i k 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 finnish 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 l A r d Correct: I 5dward A. Ma i ,President Attest: t i I DonEtta Beaty, Secretar i Certification ' i 1 I, DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC general partner of Berry Contracting LP, dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in j 1. full force and effect this 1St day of February 2017,to which witness my hand. -- I 1 DonEtta Beaty, Secretar } i i i i 'r I I i I 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires allpersons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Berry Contracting,LP dba Bay Ltd. STREET P. 0. BOX: 9908 (78469-9908) ADDRESS 1414 Valero Way(78409) CITY: Corpus Christi STATE: Texas ZIP: 78409 - FIRM IS: 1. Corporation ❑ 2. Partnership B 3_ Sole Owner ❑ 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 Cor 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(if known) 2. State the names of each"official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name 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 any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name N/A Consultant City of Corpus Christi 003005-1 Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 01/2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jon Lentz Title: Estimating Manager (Type or Signature of Certifying Person: Date: ,5-1- IQ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 00 30 05—1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 01/2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Proiect No. E12101 Bidder certifies that it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Berry Contracting, LP dba Bay Ltd. (typed or printed) By: rVINT signature--attach evidenc&lbf outhorit 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 Non-Collusion Certification 003006-1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 10/2018 it 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 lgt day of February 2017. Edward A.Martin, President resided as Chairman of the meeting and DonEtta Beat served as Secretary. �p g Y Y All managers were present and waived notice of call and purpose of meeting, Mi., 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.Bevy 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 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. I 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 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. t Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 Ar d Correct: i dward A. M i ,President f Attest: I f I I i DonEtta Beaty, Secretar I Certification l i e I, DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 111 day of February 2017,to which witness my hand. DonEtta Beaty, Secretar I i I i i i i 1 `4I 1 1 I BID BOND KNOWALL MEN BY THESE PRESENTS,thatwe BERRY CONTRACTING, LP DBA BAY LTD. as Principal, hereinafter called the Principal, and CONTINENTAL CASUALTY COMPANY a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars($5%G.A.B. ) for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted bid for MORGAN AVE. FROM STAPLES STREET TO CROSSTOWN EXPRESSWAY (BOND 2012) PROJECT NO, E12101 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1ST day of MAY 2019 BERRY CONTRACTING, LP DBA BAY LTD. �z (Principal) (Seal) (Witness) BC S-�, "('a�:n (Title) CONTINENTAL CASUALTY COMPANY bo", (Surety) (Seal) (Wi ess) -' (Title) MARY Eta 'MOORE, ATTY IN FACT Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mary Ellen Moore, Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October,2016. CASUq�T tNSURq a�9gNY OF Continental Casualty Company National Fire Insurance Company of Hartford OORPORArg C+ y�� N�ORPpRgT American Cas It Company of Read' Pennsylvania P Y g� Y • T Y JULY]I, SEAL r U `�, � � 1902aT w 1897 HAWO b • d� Paul T.Bruflat Ar 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 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 Y p Y seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR &11 NarAR PUBLIC SOUTHAKOTA K)— My Commission Expires June 23,2021 J.Mohr Notary Public I 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 Ig r day of MAY I 2n 1 c) CAsug4r tNSURq �7gNYOA Continental Casualty Company F�P� NCF tt�O deo National Fire Insurance Company of Hartford cORP.RATg o� �N�aaeoagrfo American Casualty Company of Reading,Pennsylvania of ULY SEAL Z J 19021 •I Yf� y mar 1897 HAP D.Bult Assistant Secretary Form F6853-4/2012 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of 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." li ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: it 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 i Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of 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 25a'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due, or earlier if required by the Bid Documents,to demonstrate the Bidders'responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non- responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 004516-1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials,safety, coordination of Subcontractors, experience with the submittal process,Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership,or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience 004516-2 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2(c) (1)and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department,the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations,and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5) years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS. Statement of Experience 004516-3 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 TABLE 1—ORGANIZATION INFORMATION Organization doing business as: I BAY LTD. 1414 VALERO WAY Business Address of Principal Office CORPUS CHRISTI,TX 78409 Telephone No. (361)693-2100 Website https:Hbayltd.com Form of Business(check one) ❑ Corporation IN Partnership ❑ Individual If a Corporation State of Incorporation TEXAS Date of Incorporation Chief Executive Officer's Name E.A. MARTIN President's Name K.J.LUHAN K.STONE DJ SMITH R. BLAIR Vice President's Name(s) D. CARLIN C.VANAMAN R. HAWS Secretary's Name DonEtta BEATY Treasurer's Name DIANE DeCou If a Partnership Date of Organization 11/29/1990 Form of Partnership: ❑ General 1� Limited If an Individual Name Ownership of Organization List of companies,firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership BERRY OPERATING COMPANY, LLC 1% BERRY HOLDINGS, LP Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date BERRY CONTRACTING, INC. 1950 2000 BAY LTD. 1980 2000 BERRY CONTRACTING, L.P. dba BAY LTD. 2000 PRESENT Indicators of Organization Size Average number of current full-time employees 2,500 Average estimate of revenue for the current year $500 MILLION Statement of Experience 004516-4 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Table 1—Organization Information Organization doing business as: I BAY LTD. Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 STAPLES STREET-WILLIAMS TO SARATOGA 2013 2 WALDRON RD. 2016 3 ALAMEDA ST. 2017 4 STATPLES ST.- IH 37 TO MORGAN 2017 5 INTERNATIONAL DRIVE 2017 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 12016 1 EMR 1 .63 Year 1 2015 1 EMR 1 .58 1 Year 12014 1 EMR r .53 Previous Bidding and Construction Experience—Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO X YES Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO X YES Statement of Experience Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 004516-5 Rev 10/2018 Table 2—Project Information Organization doing business as: I BAY LTD. Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager JAMES CHAPMAN JESUS WONG Superintendent Safety Manager RICK SHADLE DAVID CARLIN Quality Control RAN DAL MOFF Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price DIRT WORK, STORM WATER,WATERLINE AND PAVING BAY LTD. 95.82% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year I EMR Year EMR Year EMR Subcontractor Year I EMR Year EMR Year EMR Statement of Experience 004516-6 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years Organization doing business as:l BAY LTD. Project Information Project S TAPLES APLES STREET-WILLIAMS TO COMPLETE REMOVAL OF AN EXISTING ROADWAY AND Name Description RECONSTRUCTION 5-LANE ROADWAY Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title KEN KAPER, P.E./PROJECT MANAGER Telephone (361) 826-3522 Email KENTP@CCTEXAS.COM Project Designer FREESE & NICHOLS Project Budget and Performance Original $16,435,907.81 Final Contract #Contract # Days Contract Price $15,081,495.80 Price Days 540 CD Late Issues/Claims/ Litigation: Project Information Project CCIA DISPLACEMENT EXTENSION RUNWAY Name Description DISPLACEMENT/ EXTENSION Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title ELLIOT NEPH, P.E. Telephone (972) 542-2995 Email ENEPH@KSAENG.COM Project Designer KSA ENGINEERS, INC. Project Budget and Performance Original $12,841,419.06 Final Contract $15,631,021.36 #Contract #Days 365 CD Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project ALAMEDA ST.-LIPAN TO KINNEY FULL-DEPTH RECONSTRUCTION OF EXISTING TWO-LANE Name (BOND 2014) Description MIRROR COLLECTOR ROADWAY Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title ANDY R.VISTOL, E.I.T. Telephone (361)882-2257 Email ARVIGSTOL@IAN-INOM Project Designer LOCKWOOD,ANDREWS&NEWMAN, INC. Project Budget and Performance Original $1,942,131.94 180 CD Final Contract #Contract # Days Contract Price $1,862,252.50 Price Days Late Issues/Claims/ Litigation: Statement of Experience Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 004516-7 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: BAY LTD. Project Information Project INTERNATIONAL DR. IMPROVEMENTS REHAB.OF INTERNATIONAL DR.ATTHE CLIA LEVEL-UP OVERLAY Name (BOND 2012) Description WITH FULL DEPTH PAVEMENT REPAIR,ETC. Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title SCOTTJONES, P.E. Telephone (361) 887-8851 Email SJONES@UAENGEINEERING.COM Project Designer UA ENGINEERING, INC. Project Budget and Performance Original $1,683,694.35 Final Contract $1,798,541.35 #Contract 180 CD # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project SOUTH STAPLES ST. FROM MORGAN RECONSTRUCTION OF TWO(2)SECTIONS OF STAPLES ST. Name AVE.TO IH 37 Description (HAVING DIFFERENT EXISTING CONDITIONS AND PAVEMENT REQUIREMENTS) Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title THOMAS EVERETT, E.I.T. Telephone (361) 814-9900 Email THOMAS EVERETT-TEVERETT@HANSON-]NC.COM Project Designer NAISMITH/HANSON ENGINEERING Project Budget and Performance Original $13,873,704.00 730 CD Final Contract #Contract #Days Contract Price $13,448,289.10 Price Days Late Issues/Claims/ Litigation: Project Information Project WALDRON RD. FROM CARIBBEAN DR. CEMENT STABILIZED PAVING,ALONG WITH RELATED Name TO GLENOAK DR. (BOND 2014) Description SIDEWALK,WATER,STORMWATER&WASTEWATER UTILITIES Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title MURRAY HUDSON, P.E. Telephone (361) 854-3101 Email MURRAY HUDSON MURFH@URBANENG.COM Project Designer URBAN ENGINEERING Project Budget and Performance Original Final Contract #Contract # Days Contract Price $2,580,631.90 Price $2,607,399.97 Days 180 CD Late Statement of Experience 004516-8 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: BAY LTD. Project Information Projec Name t NUECES COUNTY-FM 43 Description CONSTRUCT ADDITIONAL TRAVEL LANES Reference Contact Information Project Owner TEXAS DEPARTMENT OF TRANSPORTATION Name/Title MARTIN HORST, P.E./AREA ENGINEER Telephone (361) 808-2300 Email MARTIN.HORST@TXDOT.GOV Project Designer TxDOT Project Budget and Performance Original Final Contract #Contract # Days Contract Price $9863,126.39 Price $10,143,972.29 Days 317 WD Late Issues/Claims/ Litigation: Proiect Information Project NUECES COUNTY-IH0037 MILL SEAL AND OVERLAY Name Description Reference Contact Information Project Owner TEXAS DEPARTMENT OF TRANSPORTATION Name/Title MARTIN HORST, P.E./AREA ENGINEER Telephone (361)808-2300 Email MARTIN.HORST@TXDOT.GOV Project Designer TxDOT Project Budget and Performance Original Final Contract #Contract #Days Contract Price $1,085,298.60 Price $2,224,602.57 Days 365 CD Late Issues/Claims/ Litigation: Proiect Information Project SAN PATRICIO COUNTY-SH 188 UPGRADING ROAD, NEW BASE, NEW STRUCTURES AND HOT Name Description MIX Reference Contact Information Project Owner TEXAS DEPARTMENT OF TRANSPORTATION Name/Title CHARLES BENAVIDEZ,P.E. Telephone (361)364-6402 Email CHARLES.BENAVIDEZ@TXDOT.GOV Project Designer TxDOT Project Budget and Performance Original Final Contract #Contract #Days Contract Price $9233,815.50 Price $9,627,216.92 Days 345 WD Late Issues/Claims/ Litigation: Statement of Experience 0045 16-9 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: BAY LTD. Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. NO X YES Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years? List Citations below(date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO X YES Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. NO X YES The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? rX Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? EX Yes ❑ No 3 Does the Bidder have an active construction safety training program? [X Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ut Yes ❑ No ❑ N/A B. Excavation N Yes ❑ No ❑ N/A C. Cranes& Hoists N Yes ❑ No ❑ N/A D. Electrical X Yes ❑ No ❑ N/A Statement of Experience Rev 10/2018 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 004516-10 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I BAY LTD. E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces [X Yes ❑ No ❑ N/A G. Material Handling EX Yes ❑ No ❑ N/A H. Demolition x Yes ❑ No ❑ N/A I. Steel Erection [X Yes ❑ No ❑ N/A J. Underground Construction (X Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ix 5 Yes ❑ No ("NAICS") Category 23 for each of the past five (5)years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's 6 NCCI workers' compensation experience rating sheets for the past five (5) years in a ix Yes ❑ No separate attachment. Has the Bidder had any OSHA inspections within the past six (6) months? Provide 7 documentation showing the nature of the inspection,the findings, and the magnitude of 1XYes ❑ No the issues in a separate attachment if yes. Statement of Experience 004516-11 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 Table 5- Demonstrated Minority, MBE, DBE Participation Organization doing business as BAY LTD. Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/ DBE Participation Policy Name Work to be Provided Estimated%of Contract Price HIGHWAY BARRICADES BARRICADES, SIGNS AND STRIPING 1.12% SOIL-TECH, INC. SODDING/LANDSCAPING, ETC. 0.21% TITAN PIPE &SUPPLY WATER IMPROVEMENTS 2.85% Statement of Experience 004516-12 Morgan Ave.From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: BERRY CONTRACTING, L.P.dba BAY LTD (typed or printed) (individual's signature? Name: JON LENTZ (typed or printed) Title: ESTIMATING MANAGER (typed or printed) Designated Representative: Name: JON LENTZ Title: ESTIMATING MANAGER Address: BAY LTD. 1414 VALERO WAY CORPUS CHRISTI,TX 78409 Telephone No.: (361) 693-2100(main#) Email: lentzj@bayltd.com END OF SECTION Statement of Experience 004516-13 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012), Project No. E12101 Rev 10/2018 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 ll�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,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.Bevy Vice President A. L,Berry Vice President Edward A.Martin Vice President 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, 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. I 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. f Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 A r d Correct: I 3 5dward A. Ma i ,President i Attest: I i I ! DonEtta Beaty, Secretar Certification i 1,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 11t day of February 2017,to which witness my hand. 1 f DonEtta Beaty, Secretar s i i I I i i 1 i 1 { i Ji 1 i i i E E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE E12101 Addendum No. 1 05/01/2019 11:57:30 AM Addendum No. 2 05/01/201911:57:31 AM E12101 Morgan Ave.from S.Staples Street to Crosstown Expressway(Bond 201... Report Created On:5/1/19 7:55:46 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Plans E12101 Plans 5/1/195:42:47 PM Bid Docs E12101 Specifications 5/1/19 5:42:49 PM Addenda E12101 Addendum No. 1 4/26/19 3:32:06 PM Addenda Addendum No. 2 5/1/19 5:42:53 PM Bidders Pre Bid Attendance Roster 4/30/19 3:00:11 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 11,2019, 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: Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Prosect No. E12101 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc.—Jeff Coym, PE—Vice President 5350 South Staples Street, Suite 425 Corpus Christi,Texas 78411 jcoym@Isa.com The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd. Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 560 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 590 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 005223- 1 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,750 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 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 6,275,173.95 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 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. Agreement 005223- 2 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, 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 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. Agreement 005223-3 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 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. 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. Agreement 005223-4 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. 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— Contract Documents must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, documents must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI 111aally s19n by Rebecca H-tt,_R-­ Digitally signed by Jeff Edmonds Rebecca H u e rta DN Rebecca H-tta o=Cay orpus CChristi—0t, DN on Jeff Edmonds e on Engineering Secretary,e 0=, eccab@cdexee._CJs email=jeffreye@cctexas.Com.C=Us Date.2019.07.15 09.32.39-05'00Date'.2019.07.15 09.19:01-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2019-089 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 06/11/2019 Aimee Alcorn-Reedp LI//� R Digitally signed by RH/AB 2019.07.12 14:12:00-05'00' RHI AB Date:2019.07.15 11:06:22-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting LP dba Bay Ltd (Seal Below) By: Jon Lentz Digitally signed by Jon Lentz Date:2019.07.01 13:31:09-05'00' Note: Attach copy of authorization to sign if Title: Estimating Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1414 Valero Way Financial Officer Address Corpus Christi, TX 78409 City State Zip 261/693-2100 361 -289-2304 Phone Fax lentz*@bayltd.com EMail END OF SECTION Agreement 005223-7 Morgan Ave. From Staples Street To Crosstown Expressway(Bond 2012) Project No. E12101 Rev 10/2018 00 6113 PERFORMANCE BOND BOND NO. 30046789 Contractor as Principal Name: Berry Contracting LP dba Bay Ltd Mailing address (principal place of business): 1414 Valero Wav 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: Proiect No. E12101 Morgan Ave. from Staples Street to Crosstown Expressway (Bond 2012) Award Date of the Contract: June 112019 Contract Price: $6,275.173.95 Bond Date of Bond: JUNE 20, 2019 (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 1200 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 INSURANCE AGENCY Address: 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoorePhigginbotham.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 00 6113 -1 E12101 Morgan Ave -Staples St to Crosstown Expwy Bond 2012 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 shalt be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contract s Principal Signature: Surety �� Signature: 1�el c1 -,-) 521. Name: Igen 1.....a, 4z- Name: 1/1: x/„110; Title: �g}., r„� 1. 1,.., ,, M Title: ATTORNEY IN FACT b Email Address: \ s,,Ir z J 2,Z •1 L.A. k , Core, Email Address: memoore@higginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E12101 Morgan Ave -Staples St to Crosstown Expwy Bond 2012 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 19th day of September, 2018. Continental Casualty Company National Fire Insurance Company of Hartford American Cas alty Company of Reading, Pennsylvania 40 Z Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 19th day of September, 2018, 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 Notary Public I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 20TH day of .TIINF. , 2019 . Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 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, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); 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." Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company at 312-822-5000. 3 You may call Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company's toll-free telephone number for information or to make a complaint at: 1-877-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company at: CNA Surety, Surety Claims 151 North Franklin, 17th Floor Chicago, IL 606 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-2524439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8277-6-2018 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company al 312-822-5000. Usted puede Hamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company's para informacion o para someter una queja al: 1-877-672-6115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company: CNA Surety, Surety Claims 151 North Franklin, 17th Floor Chicago, IL 606 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-2524439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 6116 PAYMENT BOND BOND NO. /nnaA7R9 Contractor as Principal Name: Berry Contracting LP dba Bay Ltd Mailing address (principal place of business): 1414 Valero Way 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: Proiect No. E12101 Morgan Ave. from Staples Street to Crosstown Expressway (Bond 2012) Award Date of the Contract: June 11, 2019 Contract Price: $6,275,173.95 Bond Date of Bond: JUNE 20, 2019 (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 1200 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 INSURANCE AGENCY Address: 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore a 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 E12101 Morgan Ave -Staples St to Crosstown Expwy Bond 2012 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. Contract ]:s Principal Signature: 7 �— Surety Signature: //> �/, ,,�. Name: 3'o ,. L`-';n-l- Z / Name: MARY Ef N MOORE Title: r-1,; r-,—...4! „� M'r. Title: ATTORNEY IN FACT Email Address: l Q,,,��.2 j@ I, 1_41. 1_41. Com Email Address: memoorePhigginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E12101 Morgan Ave -Staples St to Crosstown Expwy Bond 2012 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 19th day of September, 2018. Continental Casualty Company National Fire Insurance Company of Hartford American Caslty Company of Reading, Pennsylvania Paul T. Bruflat ' Vice President State of South Dakota, County of Minnehaha, ss: On this 19th day of September, 2018, 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 Notary Public I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 20TH day of .11 ME , 2019 . Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson / Assistant Secretary Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 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, 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 like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May I0, 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." Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company at 312-822-5000. 3 You may call Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company's toll-free telephone number for information or to make a complaint at: 1-877-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company at: CNA Surety, Surety Claims 151 North Franklin, 17th Floor Chicago, IL 606 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA and Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8277-6-2018 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company al 312-822-5000. Usted puede Ilamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company's para informacion o para someter una queja al: 1-877-672-6115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company: CNA Surety, Surety Claims 151 North Franklin, 17th Floor Chicago, IL 606 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.