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Home My WebLink AboutC2019-456 - 7/16/2019 - Approved 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 16, 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 Ocean Drive(Bond 2014) Project No. E13090 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering,Inc. Jeff Coym, PE 5353 South Staples Street,Suite 425 Corpus Christi,Texas 78411 UASouthcc@lja.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 550 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 580 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 Agreement 00 52 23-1 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Morgan Ave . From Staples Street To Ocean Drive ( Bond 2014) PROJECT NUMBER E13090 City of Corpus Christi ,...:...................... � JEFFREY C.COYM...,� LJA Engineering, Inc. �i�a�, 101983 : oo TBPE F-1386/TBPLS 10104001CENS;� \��r 5350 SOUTH STAPLES STREET, SUITE 425 ��S/ AL° CORPUS CHRISTI,TEXAS 78411 PHONE: 361.991.8550 EMAIL: LJASouthcc(a)lia.com WVMN.LJA.COM Record Drawing Number STR893 00 01 00 TABLE OF CONTENTS Division/ Title Section 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) 01 35 00 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 Ocean Drive(Bond 2014), Project No. E13090] 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 Ocean Drive(Bond 2014), Project No. E13090] 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 (S-44) 038000 Concrete Structures(Rev03-25-15) Division 05 Metals 055420 Frames, Grates, Rings & Covers (Rev03-25-15) Appendix Title Subsurface Investigation, Laboratory Testing Program and Provision of Pavement 1 Recommendations For The Proposed Morgan Ave. — Ocean Drive To Staples Street (Bond 2014), Rock Engineering &Testing, April 1, 2014 2 Subsurface Utility Engineering Report Along Morgan Avenue (From Staples Street To Ocean Drive), RVE, Inc., May—June 2014. END OF SECTION Table of Contents 000100-3 [Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090] 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 Ocean Drive (Bond 2014) Prosect No. E13090. A. This project includes the reconstruction of approximately 2,190 LF of Morgan Avenue from Staples Street to Ocean Drive 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 construct a new signal at the Staples Street and Morgan Avenue intersection. No additional Contract time will be allotted for any Additive/Alternate. Additive / Alternate No. 2 includes the purchase and delivery of Traffic Signal materials only estimated to construct a new signal at the Santa Fe Street and Morgan Avenue intersection. No additional Contract time will be allotted for any Additive/Alternate. Additive / Alternate No. 3 includes the purchase and delivery of Traffic Signal materials only estimated to construct a new signal at the 3rd Street and Morgan Avenue intersection. 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$5,524,000 for Base Bid 1 HMAC . The Project is to be substantially complete and ready for operation within 550 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 2.02 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113- 1 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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. 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 Ocean Drive (Bond 2014), Project No. E13090 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 non-mandatory pre-bid conference for the Project will be held on 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. Invitation to Bid and Instructions to Bidders 002113- 2 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided 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 Invitation to Bid and Instructions to Bidders 002113-3 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of 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. Invitation to Bid and Instructions to Bidders 002113-4 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown 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. Invitation to Bid and Instructions to Bidders 002113-5 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 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. Invitation to Bid and Instructions to Bidders 002113-6 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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. 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." Invitation to Bid and Instructions to Bidders 002113-7 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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. 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. Invitation to Bid and Instructions to Bidders 002113-8 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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 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 Invitation to Bid and Instructions to Bidders 002113-9 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 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 Engineeing, Inc. B. 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. Supplementary Conditions 007300- 1 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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 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. Geotechnical Reports include the following: 1. Subsurface Investigation, Laboratory Testing Program and Provision of Pavement Recommendations For The Proposed Morgan Ave. From Staples Street To Ocean Drive (Bond 2014), Rock Engineering &Testing Laboratory, Inc.—April 1, 2014. a. Subsurface Utility Engineering Report Morgan Avenue (From Staples Street To Ocean Drive), RVE, Inc., May—June 2014 1) All information presented with regard to material type and general location. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. . "NONE" B. 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 Supplementary Conditions 007300- 2 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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 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 Supplementary Conditions 007300-3 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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) 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 Supplementary Conditions 007300-4 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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, linc. 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 Tx DOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 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 Supplementary Conditions 007300-5 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 Specification Section Shop Drawing Description 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 007300-6 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 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 3 Morgan Ave. From Staples Street To Ocean Drive Project: (Bond 2014) Project Number: E13090 Owner: City of Corpus Christi City _ .-.._. ---------- -- _ Engineer: J.H. Edmonds, P. City of Corpus Christi Designer: Jeff Coym, PE—Vice President UA Engineering, Inc. Addendum No. 3 Specification Section: 00 9101 Issue Date: 5/13/2019 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, i Approved by: ff Coym, PE—Vice President //��''�,/�/, r ,gyp.,,,,.... ,•,.I-� �� Nora Dat Addendum Items: f. *r� Modifications: �... JEFFREY C.COYht , i c 0001 0OTable of Contents �i� '. 1019€33 Attachments: *;ZONAL' 00 0100 Table of Contents(Attachment 1) c 027200 Control of Wastewater Flows(Temporary Bypass ,0LLJJAA1E: gi e ing, Inc. F-138/6q Pumping Systems) (Attachment 2) _ 13 / / 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 addendurn in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid, B. SECTION 00 0100 TABLE OF CONTENTS DELETE: TABLE OF CONTENTS in its entirety. ADD: TABLE OF CONTENTS in its entirety(Attachment 1). Addendum No. 3 009101- 1 Project No. E13090, Morgan Ave. From Staples Street To Ocean Drive(Bond 2014) Rev o1-13-2016 ARTICLE 2—MODIFCATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Add the following Specification Sections (or Technical Specifications): Added Specification Sections (or Technical Specifications) SECTION 027200 CONTROL OF WASTEWATER FLOWS(TEMPORARY BYPASS PUMPING SYSTEMS (Attachment 2) END OF ADDENDUM NO. 3 Addendum No. 3 00 9101- 2 Project No. E13090, Morgan Ave. From Staples Street To Ocean Drive(Bond 2014) Rev 01-13-2016 ADDENDUM NO. 3 ATTACHMENT 1 Sheet 1 of 3 00 01 00 TABLE OF CONTENTS Division/ Title Section 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) 01 35 00 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 Ocean Drive(Bond 2014), Project No. E13090] Rev 11/2018 ADDENDUM NO. 3 ATTACHMENT 1 Sheet 2 of 3 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 Ocean Drive(Bond 2014), Project No. E13090] Rev 11/2018 ADDENDUM NO. 3 ATTACHMENT 1 Sheet 3 of 3 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) 027200 Control of Wastewater Flows (Temporary Bypass Pumping Systems) 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 (S-44) 038000 Concrete Structures(Rev03-25-15) Division 05 Metals 055420 Frames, Grates, Rings & Covers (Rev03-25-15) Appendix Title Subsurface Investigation, Laboratory Testing Program and Provision of Pavement 1 Recommendations For The Proposed Morgan Ave. — Ocean Drive To Staples Street (Bond 2014), Rock Engineering &Testing, April 1, 2014 2 Subsurface Utility Engineering Report Along Morgan Avenue (From Staples Street To Ocean Drive), RVE, Inc., May—June 2014. END OF SECTION Table of Contents 000100-3 [Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090] Rev 11/2018 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 1 of 7 SECTION 027200 CONTROL OF WASTEWATER FLOWS (TEMPORARY BYPASS PUMPING SYSTEMS 1. GENERAL 1.1 DESCRIPTION A. This specification shall govern all work necessary for designing, installing, implementing, operating, and maintaining a temporary bypass pumping and flow control system, as provided by the Contractor for the purpose of diverting wastewater flow around the work area for the duration necessary to complete the work (i.e., control of wastewater flows). The Contractor shall furnish all materials, labor, equipment, power, maintenance, and incidentals required to maintain continuous and reliable wastewater service in all lines for the duration of the project. 1.2 SUBMITTALS A. Bypass Pumping Plan Form: It shall be the Contractor's responsibility to legibly and thoroughly complete, in its entirety, the attached Bypass Pumping Plan Form and submit it to the Engineer and/or the appropriate City staff for review and approval, prior to the installation of any pumping system proposed for use. Unless the bypass pumping is associated with an emergency work order, the standard approval protocol is as follows: The Contractor prepares and submits the plan to the Engineer a minimum of 7 days prior to mobilizing to site. The Engineer reviews the bypass plan and coordinates approval with Engineering Services and the Operating Department. Engineer and City will put forth a reasonable level of effort to expedite the review and approval process. No deviation from the procedure shall be allowed. B. Bypass Pumping Plan Schematic: In addition to the above referenced form, the Contractor shall also furnish a sufficiently detailed schematic drawing identifying the approximate location of all bypass pumping system components. The schematic drawing shall clearly label parallel/crossing streets, identify landmark structures, and depict the locations of all pumps and piping. At a minimum, the bypass pumping plan schematic drawing and associated attachments should include the following items: 1) Pump curves showing designed operation point for this specific project 2) Approximate location of bypass system pumping components 3) Location of manhole or access point for suction and discharge 4) Configuration,routing,location and depth of the suction and discharge piping 5) General arrangement/type of additional support equipment. 6) Temporary pipe supports, anchoring and thrust restraint blocks,if required 7) Traffic Control Plan and Traffic Department permit if the bypass is within the right- of-way. 8) Description of the method for removing pressure and all wastewater from existing force mains being taken out of service,if necessary. 9) All other City-department and Regulatory requirements. 027200 Page 1 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 2 of 7 10) Sewer plugging locations,method, and types of plugs 11) Method of protecting discharge manholes or structures from erosion and damage. 1.3 RESPONSIBILITY/AUTHORITY A. It is essential to the operation of the existing wastewater system that there is no interruption in the flow of wastewater throughout the duration of the project. The Contractor shall be completely responsible for designing, scheduling, providing, installing, operating, fueling and maintaining the temporary bypass pumping system in a manner that does not cause or contribute to overflows, releases, or spills of wastewater from the wastewater or bypass system. The Contractor shall neither anticipate nor expect any assistance from the City of Corpus Christi departments for any of the bypass operation. B. Contractor shall provide a responsible employee to man the bypass system 24 hours per day, 7 days per week during operation. The monitoring employee shall be properly trained, experienced, and mechanically qualified such that they can quickly and effectively address any potential emergency and non-emergency situations associated with the bypass system which must remain in operation. The wastewater and bypass systems should be inspected at least once every 2 hours. The Contractor shall be responsible for ensuring that the wastewater collection system is not compromised during bypass installation or operation, and contractor shall ensure that the system operates properly during this period. C. The Contractor shall consider and be responsible for the impacts on the collection system area, both upstream and downstream of the bypass and shall maintain the system in a manner that will protect public and private property from damage and flooding. Upstream impacts may include, but are not limited to backups and overflows. Downstream impacts may include,but are not limited to surcharges and overflows. D. Contractor shall make all effort to minimize spills of raw wastewater during the improvements and bypassing. All spills and sanitary sewer overflows shall immediately be reported to the City at 361-826-2489 and the Contractor shall be solely responsible for wash down, clean-up and disinfection of said spillages or overflows to the satisfaction of the owner at no additional cost to the City of Corpus Christi. E. The City is permitted through the Texas Commission on Environmental Quality to operate the wastewater system. The final authority comes from the City as to the operation of the wastewater system and as such it reserves the right to halt the bypassing operation at any time in order to maintain public health and safety. 027200 Page 2 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 3 of 7 2. PRODUCTS 2.1 MATERIALS A. Bypass Pumps a. Pumps shall be fully automatic self-priming pumps that do not require the use of foot-valves or vacuum pumps in the priming system. The pumps may be electric or diesel powered. Pre-approved manufacturers are Godwin or Rain-for-Rent. Approved equals may be considered by the Engineer if they meet all requirements in this specification but Contractor shall provide submittal package for Engineer's review and approval prior to installation. Pumps shall be equipped with critically silenced, sound attenuated enclosures with a maximum 65 dB (10-feet from pump), a diesel day tank with a minimum 24-hour runtime without refuel, and automatic start/stop controls for each pump. b. Pumping capacity of the bypass pump shall be capable of handling the flow conditions at all times and shall provide a minimum of 1.5 times the existing capacity of whatever line or lift station is being bypassed. c. The Contractor shall have adequate standby equipment available and ready for immediate operation and use in the event of an emergency or breakdown. In critical installations, as determined by the Engineer, one standby pump for each size pump utilized shall be installed at the mainline flow bypassing locations, ready for use in the event of primary pump failure. B. Suction and Discharge Piping: Determined according to pump size, flow calculations, system operating conditions, manhole depth, and length of suction piping in accordance with the pump manufacturers specifications and recommendations. In order to prevent the accidental spillage of flows, all discharge systems shall be temporarily constructed of heavy-duty pipe with positive restrained joints. a. High Density Polyethylene (HDPE) i. Homogeneous throughout, free of visible cracks, discoloration, pitting, varying wall thickness, holes, foreign material, blisters, or other deleterious faults. Defective areas shall be cut out and butt-fusion welded as per manufacturer's recommendations. ii. Assembled and joined at site using couplings, flanges, or butt-fusion method to provide leak proof joint, as per manufacturer's recommendations and ASTM D- 2657. iii. Fusing must be performed by personnel certified as fusion technicians by manufacturer of HDPE pipe and/or fusing equipment. Fused joints shall be watertight and have tensile strength equal to that of pipe. iv. HDPE is required to be used in or adjacent to environmentally sensitive areas. b. Polyethylene Plastic Pipe (PE) i. High density solid wall and following ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-DR)based on outside diameter,ASTM D1248 and ASTM D3550 ii. Homogeneous throughout, free of visible cracks, discoloration, pitting, varying wall thickness,holes, foreign material,blisters,or other deleterious faults. c. Quick-Disconnect Steel Galvanized Pipe and Heavy-Duty Flexible Hoses 027200 Page 3 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 4 of 7 i. Must consist of heavy-duty steel with high tensile strength, x-ray welded, abrasion resistant and suitable for intended service with a maximum pressure rating of at least 174 PSI ii. Bauer quick-disconnect fittings/joints shall be restrained and watertight. Joints shall consist of vacuum sealing O-rings to help pumps prime faster and perform at their designed flow rates with no leaks,even at high pressure ratings iii. Joints shall provide 30-degree articulation at every coupling and shall not require perfect alignment to make each connection. iv. The galvanized couplings shall not be hindered by sand,mud, and grit. d. Valves and Fittings i. Contractor shall provide valves and fittings as necessary and in accordance with the approved pipe materials shown above. e. Plugs i. Selected and installed according to size of line to be plugged, pipe, manhole configurations, and based on specific application. ii. Prior to use,Engineer may inspect plugs for defects which may lead to failure. iii. Contractor shall provide additional plugs in the case of failure f. Miscellaneous i. When temporary piping crosses local streets/roadways and private driveways, Contractor shall provide traffic ramps or covers designed, installed, and maintained for H-20 loading requirements while in use. 3. EXECUTION 3.1 SCHEDULING& COORDINATION A. Unless the bypass pumping is associated with an emergency work order, the Contractor shall provide a minimum of 48 hour notice to the Engineer and Wastewater Department for the startup of bypass operations once the completed bypass plan has been approved by the design engineer. Unless needed otherwise for emergency work,no bypassing shall be initiated on Friday, Saturday or Sunday,or the day immediately preceding a City holiday. B. Inclement Weather: The Contractor shall not be allowed to commence bypass operation should inclement weather be forecast for the period of the scheduled improvements. C. Under special circumstances, as identified by the Engineer,where critical lines with large service areas are being bypassed, the Contractor is responsible for setting up a meeting between the Engineer/City/Operating Department to affirm and coordinate the approved bypass plan and to verify the intended site installation conforms to the approved plan. Engineer may also require the bypass system to be in service for at least 24-hours prior to taking existing gravity lines or force mains out of service to demonstrate reliability. D. Before beginning bypass operations, the Engineer/City Operating Department must be notified for field verification of pumps, piping, and equipment, etc., to ensure the site installation conforms to the approved plan. 027200 Page 4 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 5 of 7 E. Before beginning bypass operations, the Contractor shall confirm appropriate emergency contact information has been provided to the City and Engineer on the Bypass Pumping Plan Form including emergency cell phone number of bypass operators/monitors responsibly manning the bypass system 24 hours per day along with the project superintendent and pump supplier. F. The Contractor can work extended hours, if approved by the Engineer, to perform the improvements during the bypass operation. Work during extended hours cannot create a nuisance for the neighbors. G. Once a lift station is taken out of service and bypass operations begun, work shall be continuous on the lift station improvements until all improvements are completed and the lift station is returned to normal service. H. The Contractor shall cease bypass pumping operations and return flows to the new and/or existing wastewater system when directed by the Owner. This may be expected if the bypass system is not in accordance with this specification or if inclement weather is in the forecast. 3.2 INSTALLATION& OPERATIONS A. Installation of Temporary Force Mains a. Force mains may be placed along shoulder of road, medians, and/or outside of pavement. Do not place in streets or sidewalks without Engineers approval. b. When temporary piping crosses local streets/roadways and/or private driveways, Contractor shall provide traffic ramps or covers designed, installed, and maintained for H-20 loading requirements while in use. c. When traffic ramps cannot be used, install temporary piping in trenches and cover with temporary pavement, as approved by the Engineer. B. Discharge piping to gravity lines or manholes shall be designed in such a manner as to prevent discharge from contacting manhole walls or benching with as minimal turbulence as possible. C. Plugging or blocking of wastewater flows shall incorporate a primary and secondary plugging device. When plugging or blocking is no longer needed for performance and acceptance of work, it is to be removed in a manner that permits the wastewater flow to slowly return to normal without surge, to prevent surcharging or causing other major disturbances downstream. D. The Contractor shall not cut existing force mains or gravity lines until it is determined that the containment area in place is sufficient for handling any wastewater within the pipe. E. Some locations may require multiple bypass systems. If bypass system is provided with air release valves,then the valve drains shall be piped to a manhole for discharge. F. Upon completion of the bypass pumping operations, remove piping, restore property to pre-construction condition and restore pavement. 027200 Page 5 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 6 of 7 4. MEASUREMENT AND PAYMENT Unless otherwise specified in the Bid Form, Control of Wastewater Flows (Temporary Bypass Pumping Systems) shall not be measured for pay but will be considered subsidiary to the applicable pay item, to include all material, labor, equipment and supervision necessary to complete the bypass design, planning, coordination,installation,operation,maintenance and removal. 027200 Page 6 of 7 Rev.10-30-2014 ADDENDUM NO. 3 ATTACHMENT 2 Sheet 7 of 7 BYPASS PUMPING PLAN FORM Date: Project Title: No.: Engineer: Contractor: Service Area: Lift Station No.(if applicable): Start Date &Time: Completion Date &Time: Sewer Line Size being Bypassed: Estimated Peak Flow: Line Plugging Method&Locations: Suction Manhole or Lift Station Number and Depth: Discharge Manhole or Lift Station Number and Depth: Maximum Surcharge Depth Allowed: Bypass Forcemain Size,Material&Length: Pump Description: (Self-Priming,Critically Silenced,and Automatic Level Controls Required) Make,Model, Suction/Discharge Size: Diesel or Electric Total Number of Pumps/Standby Pumps: Total& Firm Capacity(GPM @ TDH): Vacuum Trucks (if required,number and capacity): Contractor Personnel Manning Bypass System (24 hours/day): Name: Phone: Name: Phone: Emergency Contacts: Name: Phone: Name: Phone: Additional Notes: Required Checklist: YES NO ❑ ❑ Schematic drawing providing details of proposed bypass pumping system,routing of bypass lines(using manhole numbers and/or lift station names as applicable),equipment location,and proposed sequencing. ❑ ❑ Has traffic control plan been appropriately modified to facilitate the bypass pumping equipment? ❑ ❑ Pumps: Self-priming&Critically Silenced. Provide pump curve with Bypass plan.(Requirement). ❑ ❑ Contractor shall coordinate with Supplier for appropriate instruction and training on pump operation. ❑ ❑ Have emergency and/or backup provisions been made for quick pump change out in the case of system failure? ❑ ❑ Contractor has confirmed no rain(less than 1/2-in)in the forecast? Prepared by: Reviewed by: Contractor Representative Date Wastewater Representative Date 027200 Page 7 of 7 Rev.10-30-2014 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM PROJECT: E13090 Morgan Ave. from S. Staples St. to Ocean Drive (Bond 2014) BIDDER: Bay Ltd. TOTAL BID: COMPLETION TIME: Not Required BIDDER INFO: 1414 Valero Way Corpus Christi,TX 78409 P: 361-299-3730 F: E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM BID TOTALS BASE BID-PART 1 (HMAC) Total PART 1A-GENERAL(ITEMS 1A1 THRU 1A13) $491,785.00 PART 1 B-STREET IMPROVEMENTS (ITEMS 1 B1 THRU 1 B33) $1,182,371.20 PART 1 C- RTA IMPROVEMENTS(ITEMS 1 C1 THRU 1 C2) $47,600.00 PART 1 D-ADA IMPROVEMENTS(1 D1 THRU 1 D6) $266,028.40 PART 1 E- DRAINAGE(1 E1 THRU 1 E30) $2,050,575.00 PART 1 F-WATER IMPROVEMENTS(1 F1 THRU 1 F33) $665,226.20 PART 1G-WASTEWATER IMPROVEMENTS(1 G1 THRU 1G22) $433,588.50 PART 1 IH -GAS IMPROVEMENTS(1 H1 THRU 11-12) $7,000.00 PART 11 - I.T. INFRASTRUCTURE IMPROVEMENTS(111 THRU 113) $43,562.50 Total $5,187,736.80 ADDITIVE ALTERNATE NO. 1 (HMAC) Total Part 1J - ADDITIVE ALTERNATE NO. 1 STAPLES ST.TRAFFIC SIGNAL REPLACEMENT(1J1) $300,000.00 Total $300,000.00 ADDITIVE ALTERNATE NO.2(HMAC) Total PART 1 K-ADDITIVE ALTERNATE NO. 2 SANTA FE TRAFFIC SIGNAL REPLACEMENT(1 K1) $300,000.00 Total $300,000.00 ADDITIVE ALTERNATE 3(HMAC) Total PART 1 L-ADDITIVE ALTERNATE NO. 3 3rd ST.TRAFFIC SIGNAL REPLACEMENT(1 L1) $300,000.00 Total $300,000.00 BASE BID PART 2(CONCRETE) Total PART 2A-GENERAL(ITEMS 2A1 THRU 2A13) Not Bidding PART 2B-STREET IMPROVEMENTS (ITEMS 2131 THRU 21332) Not Bidding PART 2C- RTA IMPROVEMENTS(3 BUS STOPS)(ITEM 2C1) Not Bidding PART 2D-ADA IMPROVEMENTS(ITEMS 2D1 THRU 2D6) Not Bidding PART 2E- DRAINAGE IMPROVEMENTS(2E1 THRU 2E30) Not Bidding E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM PART 2F-WATER IMPROVEMENTS(2F1 THRU 2F33) Not Bidding PART 2G-WASTEWATER IMPROVEMENTS(2G1 THRU 2G22) 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 NO. 1 (CONCRETE) Total Part 2J - ADDITIVE ALTERNATE NO. 1 STAPLES ST.TRAFFIC SIGNAL REPLACEMENT(2J1) Not Bidding Total Not Bidding ADDITIVE ALTERNATE NO.2(CONCRETE) Total PART 2K-ADDITIVE ALTERNATE NO. 2 SANTA FE TRAFFIC SIGNAL REPLACEMENT(2K1) Not Bidding Total Not Bidding ADDITIVE ALTERNATE NO.3(CONCRETE) Total PART 2L-ADDITIVE ALTERNATE NO. 3 3rd ST.TRAFFIC SIGNAL REPLACEMENT(21-1) Not Bidding Total Not Bidding PART 1A-GENERAL(ITEMS 1A1 THRU 1A13) No. Description Unit Qty Unit Price Ext Price 1A1 MOBILIZATION(MAX. 5%OF PROJECT LS 1 $230,000.00 $230,000.00 TOTAL) 1A2 BONDS&INSURANCE LS 1 $38,000.00 $38,000.00 1A3 CLEAR RIGHT-OF-WAY AC 3.4 $4,000.00 $13,600.00 1A4 TRAFFIC CONTROL PLAN AND LS 1 $15,600.00 $15,600.00 PREPARATION 1A5 TRAFFIC CONTROL LS 1 $12,800.00 $12,800.00 MOBILIZATION/ADJUSTMENTS 1A6 TRAFFIC CONTROL ITEMS(SIGNS, MO 18 $3,200.00 $57,600.00 BARRICADES,CHANNELIZING DEVICES, ETC.) 1A7 LOW PROFILE CONCRETE BARRIER LF 2175 $20.00 $43,500.00 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 1A8 MOBILE DIGITAL SIGN BOARDS EA 3 $9,900.00 $29,700.00 1A9 BLOCK SODDING SY 865 $21.00 $18,165.00 1A10 STORM WATER POLLUTION LS 1 $8,100.00 $8,100.00 PREVENTION PLAN 1A11 INLET PROTECTION EA 26 $160.00 $4,160.00 1Al2 SILT FENCE LF 2800 $7.20 $20,160.00 1A13 OZONE ACTION DAY DAYS 2 $200.00 $400.00 Sub Total: $491,785.00 PART 1B-STREET IMPROVEMENTS (ITEMS 11131 THRU 111333) No. Description Unit Qty Unit Price Ext Price 1131 REMOVE CURB AND GUTTER LF 4484 $6.20 $27,800.80 1132 REMOVE CONCRETE DRIVEWAY SF 3349 $2.90 $9,712.10 1133 REMOVE ASPHALT DRIVEWAY SF 135 $17.50 $2,362.50 1 B4 REMOVE EXISTING SIGN EA 29 $75.00 $2,175.00 1135 SAWCUT EXISTING ASPHALT AND LF 910 $7.80 $7,098.00 CONCRETE 1136 STREET EXCAVATION(1' B.O.C. -2' SY 12850 $12.00 $154,200.00 APPROX.AVG. DEPTH) 1137 12"SUBGRADE PREPARATION(1' B.O.C.) SY 12850 $2.00 $25,700.00 1138 TX-5 GEOGRID(1' B.O.C.) SY 12850 $3.80 $48,830.00 1139 11"CRUSHED LIMESTONE BASE(TYPE A, SY 12850 $25.00 $321,250.00 GRADE 1-2) 11310 PRIME COAT(MC-30)(0.15 GALLON/SY) GAL 1928 $5.90 $11,375.20 11311 3"TYPE'B' HMAC BASE COURSE SY 11386 $20.00 $227,720.00 11312 2"TYPE'D' HMAC FINAL COURSE SY 11386 $12.75 $145,171.50 11313 2" MILLING OF EXISTING HMAC(SANTA SY 1021 $9.30 $9,495.30 FE STREET) 11314 2"TYPE'D' HMAC OVERLAY(SANTA FE SY 1021 $18.25 $18,633.25 STREET) 11315 PRIME COAT(MC-30)(0.15 GALLON/SY) GAL 153 $7.20 $1,101.60 11316 FULL DEPTH PAVEMENT REPAIR SY 464 $84.00 $38,976.00 11317 CONCRETE DRIVEWAY SF 3987 $14.25 $56,814.75 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 11318 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 351 $15.00 $5,265.00 (W)(24"X9')(SLD)(100 MIL)- CROSSWALK 11319 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 267 $17.50 $4,672.50 (W)(24")(SLD)(100 MIL)-STOP BAR 1 B20 REFLECTIVE PAVEMENT MARKINGS TY.1 LF 38 $25.00 $950.00 (W)(8")(SLD)(100 MIL) 1 B21 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 3485 $1.10 $3,833.50 (Y)(4")(SLD)(100 MIL) 1 B22 REFLECTIVE PAVEMENT MARKINGS TY. 1 LF 914 $1.10 $1,005.40 (W)(4")(BKN)(100 MIL) 1 B23 RAISED REFLECTIVE PAVEMENT EA 52 $6.20 $322.40 MARKINGS(TYII-A-A)YELLOW 1 B24 RAISED REFLECTIVE PAVEMENT EA 16 $6.20 $99.20 MARKINGS(TYII-B-B) BLUE 1 B25 RAISED REFLECTIVE PAVEMENT EA 56 $6.20 $347.20 MARKINGS(TYII-C-R)WHITE/RED 1 B26 PREFABRICATED PAVEMENT MARKINGS EA 2 $680.00 $1,360.00 TY.1 (W)(WORD)"ONLY"(100 MIL) 1 B27 COMBO STOP SIGN(R1-1) EA 7 $1,100.00 $7,700.00 (30"X30")/STREET NAME SIGN(INCL. METAL POLE AND FOUNDATION) 1 B28 SPEED LIMIT SIGN(R2-1)(24"X30")(INCL. EA 2 $680.00 $1,360.00 METAL POLE AND FOUNDATION) 1 B29 COMBO NO PARKING SIGN(R8-3) EA 28 $690.00 $19,320.00 (24"X30")/R7-202TP(RED)(INCL. METAL POLE AND FOUNDATION) 1 B30 NO TRUCKS SIGN(R5-2)(INCLUDING EA 2 $680.00 $1,360.00 METAL POLE AND FOUNDATION) 1 B31 "T" INTERSECTION SIGN(W2-4) EA 1 $680.00 $680.00 (INCLUDING METAL POLE AND FOUNDATION) 1 B32 "ON OCEAN DRIVE" PLAQUE EA 1 $680.00 $680.00 1 B33 ALLOWANCE FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 STREET IMPROVEMENTS Sub Total: $1,182,371.20 PART 1C-RTA IMPROVEMENTS(ITEMS 1C1 THRU 1C2) E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM No. Description Unit Qty Unit Price Ext Price 1C1 CONCRETE BUS PADS SY 220 $140.00 $30,800.00 1C2 CONCRETE SHELTER PAD SF 600 $28.00 $16,800.00 Sub Total: $47,600.00 PART 1D-ADA IMPROVEMENTS(1D1 THRU 1D6) No. Description Unit Qty Unit Price Ext Price 1D1 REMOVE EXISTING CONCRETE SF 16416 $2.60 $42,681.60 SIDEWALK 1D2 5'CONCRETE PEDESTRIAN SIDEWALK SF 14333 $9.60 $137,596.80 1D3 CONCRETE CURB RAMP SF 4240 $15.25 $64,660.00 1 D4 SIDEWALK RETAINING CURB LF 195 $62.00 $12,090.00 1D5 SIDEWALK DRAIN EA 1 $4,000.00 $4,000.00 1D6 ALLOWANCE FOR UNANTICIPATED ADA LS 1 $5,000.00 $5,000.00 IMPROVEMENTS Sub Total: $266,028.40 PART 1E-DRAINAGE(1E1 THRU 1E30) No. Description Unit Qty Unit Price Ext Price 1E1 REMOVE EXISTING STORM WATER EA 10 $1,800.00 $18,000.00 MANHOLE 1 E2 REMOVE EXISTING STORM WATER INLET EA 22 $1,600.00 $35,200.00 1 E3 REMOVE EXISTING 12" RCP LF 737 $110.00 $81,070.00 1 E4 REMOVE EXISTING 15" RCP LF 335 $72.00 $24,120.00 1 E5 REMOVE EXISTING 18" RCP LF 160 $90.00 $14,400.00 1 E6 REMOVE EXISTING 36" RCP LF 1200 $81.00 $97,200.00 1 E7 REMOVE EXISTING 54" RCP LF 975 $21.00 $20,475.00 1 E8 REMOVE EXISTING 54"TO 6'X 6' EA 1 $7,500.00 $7,500.00 TRANSITION 1 E9 REMOVE EXISTING 6'X 4' RCB TO 36" EA 1 $7,500.00 $7,500.00 RCP TRANSITION 1E10 15"CLASS III RCP LF 66 $180.00 $11,880.00 1E11 18"CLASS III RCP LF 546 $170.00 $92,820.00 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 1E12 30"CLASS III RCP LF 279 $230.00 $64,170.00 1E13 6'X 4' PRECAST CONCRETE BOX LF 1903 $540.00 $1,027,620.00 1E14 6'X 6' PRECAST CONCRETE BOX LF 268 $520.00 $139,360.00 1E15 PIPE TRENCH SAFETY LF 3062 $6.00 $18,372.00 1E16 4' DIAMETER TY'A' MANHOLE EA 7 $4,600.00 $32,200.00 1E17 3'X3' MANHOLE RISER EA 8 $5,400.00 $43,200.00 1E18 5'X 8'-2"JUNCTION BOX/MANHOLE EA 5 $13,700.00 $68,500.00 1E19 5'CURB INLET EA 21 $3,900.00 $81,900.00 1 E20 5'CURB INLET(TYPE 3) EA 1 $4,400.00 $4,400.00 1 E21 MANHOLE/JUNCTION BOX/CURB INLET EA 42 $180.00 $7,560.00 TRENCH SAFETY 1 E22 TIE EXISTING 12" RCP INTO PROPOSED EA 2 $920.00 $1,840.00 4' DIAMETER MANHOLE 1 E23 TIE EXISTING 15" RCP INTO PROPOSED EA 2 $920.00 $1,840.00 15" RCP 1 E24 TIE EXISTING 18" RCP INTO PROPOSED EA 3 $1,400.00 $4,200.00 4' DIAMETER MANHOLE 1 E25 TIE EXISTING 30" RCP INTO PROPOSED EA 1 $1,900.00 $1,900.00 JUNCTION BOX 1 E26 TIE PROPOSED 18" RCP INTO EXISTING EA 2 $1,400.00 $2,800.00 CURB INLET 1 E27 TIE PROPOSED 6'X 4' RCB INTO EA 1 $4,700.00 $4,700.00 EXISTING JUNCTION BOX 1 E28 TIE PROPOSED 6'X 6' RCB INTO EA 1 $4,600.00 $4,600.00 EXISTING JUNCTION BOX 1 E29 STD. 6"CURB AND GUTTER LF 4427 $24.00 $106,248.00 1 E30 ALLOWANCE FOR UNANTICIPATED LS 1 $25,000.00 $25,000.00 DRAINAGE IMPROVEMENTS Sub Total: $2,050,575.00 PART 1F-WATER IMPROVEMENTS(1F1 THRU 1F33) No. Description Unit Qty Unit Price Ext Price 1F1 REMOVE AND SALVAGE EXISTING FIRE EA 4 $460.00 $1,840.00 HYDRANT 1F2 REMOVE WATER METER EA 4 $350.00 $1,400.00 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 1 F3 REMOVE EXISTING 3/4"COPPER LF 139 $10.00 $1,390.00 WATERLINE 1 F4 REMOVE EXISTING 6"ACP WATERLINE LF 109 $82.00 $8,938.00 1 F5 REMOVE EXISTING 8"ACP WATERLINE LF 578 $82.00 $47,396.00 1 F6 REMOVE EXISTING 10"ACP WATERLINE LF 2140 $71.00 $151,940.00 1 F7 REMOVE EXISTING 12"ACP WATERLINE LF 114 $80.00 $9,120.00 1 F8 3/4" PE WATER SERVICE(INCL. SERVICE LF 164 $57.00 $9,348.00 SADDLE,CORP.STOP, PE,AND RECONNECTION) 1F9 WATER METER ASSEMBLY EA 4 $1,300.00 $5,200.00 1 F10 6"C900 PVC WATERLINE LF 462 $68.00 $31,416.00 1 F11 8"C900 PVC WATERLINE LF 634 $71.00 $45,014.00 1 F12 12"C900 PVC WATERLINE LF 2193 $65.00 $142,545.00 1 F13 PIPE TRENCH SAFETY LF 3289 $2.80 $9,209.20 1 F14 8" DI 450 BEND EA 16 $330.00 $5,280.00 1 F15 8" DI 22.50 BEND EA 1 $300.00 $300.00 1 F16 8" DI 11.250 BEND EA 3 $300.00 $900.00 1 F17 8"GATE VALVE&BOX EA 10 $2,100.00 $21,000.00 1 F18 12" DI 450 DI BEND EA 5 $580.00 $2,900.00 1 F19 12" DI 22.50 DI BEND EA 1 $580.00 $580.00 1 F20 12" DI 11.250 DI BEND EA 2 $580.00 $1,160.00 1 F21 12"GATE VALVE&BOX EA 6 $3,200.00 $19,200.00 1 F22 12"X 16" DI CROSS EA 1 $2,000.00 $2,000.00 1 F23 12"X10" REDUCER EA 1 $450.00 $450.00 1 F24 12"X 8" DI CROSS EA 4 $1,200.00 $4,800.00 1 F25 12"X 8" DI TEE EA 2 $330.00 $660.00 1 F26 12"X 6' DI CROSS EA 8 $180.00 $1,440.00 1 F27 ADJUST 12"WATERLINE(INCL. DIP EA 1 $11,100.00 $11,100.00 WATERLINE&ALL REQ'D FITTINGS) 1F28 FIRE HYDRANT ASSEMBLY(TYPE 1) EA 16 $4,400.00 $70,400.00 1 F29 CONNECTTO EXIST. 16" PVC WATERLINE EA 2 $2,800.00 $5,600.00 (INCL.ALL REQ'D FITTINGS) E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 1 F30 CONNECTTO EXISTING 12" PVC EA 2 $2,800.00 $5,600.00 WATERLINE(INCL.ALL REQ'D FITTINGS) 1 F31 CONNECT TO EXISTING 10"ACP EA 1 $2,100.00 $2,100.00 WATERLINE(INCL.ALL REQ'D FITTINGS) WITH OMNI COUPLING SYSTEM 1 F32 CONNECT TO EXISTING 8"ACP EA 10 $2,500.00 $25,000.00 WATERLINE(INCL.ALL REQ'D FITTINGS) WITH OMNI COUPLING SYSTEM 1 F33 ALLOWANCE FOR UNANTICIPATED LS 1 $20,000.00 $20,000.00 WATER IMPROVEMENTS Sub Total: $665,226.20 PART 1G-WASTEWATER IMPROVEMENTS(1G1 THRU 1G22) No. Description Unit Qty Unit Price Ext Price 1G1 REMOVE EXISTING 6"VCP WASTEWATER LF 772 $40.00 $30,880.00 LINE 1G2 REMOVE EXISTING 8"VCP WASTEWATER LF 54 $45.00 $2,430.00 LINE 1G3 REMOVE EXISTING 21"VCP LF 54 $120.00 $6,480.00 WASTEWATER LINE 1G4 REMOVE EXISTING 24"VCP LF 56 $120.00 $6,720.00 WASTEWATER LINE 1G5 REMOVE EXISTING WASTEWATER EA 7 $2,100.00 $14,700.00 MANHOLE 1G6 6" PVC(SDR 26)WASTEWATER LINE(0'-6' LF 581 $110.00 $63,910.00 DEPTH) 1G7 6" PVC(SDR 26)WASTEWATER LINE(6'-8' LF 95 $93.00 $8,835.00 DEPTH) 1G8 6" PVC(SDR 26)WASTEWATER LINE(8'- LF 96 $110.00 $10,560.00 10' DEPTH) 1G9 8" PVC(SDR 26)WASTEWATER LINE(0'-6' LF 54 $120.00 $6,480.00 DEPTH) 1G10 24" PVC(SDR 26)WASTEWATER LINE LF 54 $210.00 $11,340.00 (18'-20' DEPTH) 1G11 PIPE TRENCH SAFETY LF 880 $3.30 $2,904.00 1G12 4' DIAMETER MANHOLE EA 13 $8,800.00 $114,400.00 1G13 5' DIAMETER MANHOLE EA 2 $9,100.00 $18,200.00 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM 1G14 TRENCH SAFETY FOR WASTEWATER EA 15 $3.30 $49.50 MANHOLES 1G15 4' DIAMETER MANHOLE EXTRA DEPTH(> VF 8 $500.00 $4,000.00 6') 1G16 5' DIAMETER MANHOLE EXTRA DEPTH(> VF 28 $500.00 $14,000.00 6') 1G17 CONNECT EXISTING 6"WASTEWATER EA 8 $4,700.00 $37,600.00 LINE TO PROPOSED WASTEWATER MANHOLE 1G18 CONNECT EXISTING 8"WASTEWATER EA 2 $5,300.00 $10,600.00 LINE TO PROPOSED WASTEWATER MANHOLE 1G19 CONNECT EXISTING 21"WASTEWATER EA 1 $7,000.00 $7,000.00 LINE TO PROPOSED WASTEWATER MANHOLE 1G20 CONNECT EXISTING 24"WASTEWATER EA 1 $7,000.00 $7,000.00 LINE TO PROPOSED WASTEWATER MANHOLE 1 G21 WASTEWATER BYPASS OPERATIONS LS 1 $45,500.00 $45,500.00 1G22 ALLOWANCE FOR UNANTICIPATED LS 1 $10,000.00 $10,000.00 WASTEWATER IMPROVEMENTS Sub Total: $433,588.50 PART 11H-GAS IMPROVEMENTS(1 H1 THRU 111-112) No. Description Unit Qty Unit Price Ext Price 11-11 ADJUST EXISTING GAS VALVE BOXES TO EA 4 $500.00 $2,000.00 MATCH PROPOSED PAVEMENT 11-12 ALLOWANCE FOR UNANTICIPATED GAS LS 1 $5,000.00 $5,000.00 IMPROVEMENTS Sub Total: $7,000.00 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 3 $3,600.00 $10,800.00 112 2" BLANK I.T. CONDUIT LF 2221 $12.50 $27,762.50 113 ALLOWANCE FOR UNANTICIPATED I.T. LS 1 $5,000.00 $5,000.00 INFRASTRUCTURE IMPROVEMENTS E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM Sub Total: $43,562.50 Part 1J - ADDITIVE ALTERNATE NO. 1 STAPLES ST.TRAFFIC SIGNAL REPLACEMENT(1J1) No. Description Unit Qty Unit Price Ext Price 1J1 ALLOWANCE FOR STAPLES ST.TRAFFIC LS 1 $300,000.00 $300,000.00 SIGNAL REPLACEMENT Sub Total: $300,000.00 PART 1 K-ADDITIVE ALTERNATE NO.2 SANTA FE TRAFFIC SIGNAL REPLACEMENT(1 K1) No. Description Unit Qty Unit Price Ext Price 1K1 ALLOWANCE FOR SANTA FE TRAFFIC LS 1 $300,000.00 $300,000.00 SIGNAL REPLACEMENT Sub Total: $300,000.00 PART 1 L-ADDITIVE ALTERNATE NO.3 3rd ST.TRAFFIC SIGNAL REPLACEMENT(1111-11) No. Description Unit Qty Unit Price Ext Price 11-1 ALLOWANCE FOR 3RD ST.TRAFFIC LS 1 $300,000.00 $300,000.00 SIGNAL REPLACEMENT Sub Total: $300,000.00 E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE E13090 Addendum No. 1 05/17/2019 8:34:51 AM Addendum No. 2 05/17/2019 8:34:52 AM Addendum No. 3 05/17/2019 8:34:53 AM E13090 Morgan Ave.from S.Staples St.to Ocean Drive(Bond 2014) Report Created On:5/17/2019 4:06:42 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E13090 Specifications 5/17/2019 8:35:36 AM Plans E13090 Plans 5/17/2019 8:35:43 AM Addenda E13090 Addendum No. 1 5/6/2019 8:32:22 AM Addenda Addendum No. 2 5/13/2019 10:36:26 AM Addenda Addendum No. 3 5/16/2019 6:53:54 AM Bidders Pre Bid Attendance Roster 5/17/2019 8:35:50 AM ADDENDUM NO. 2 ATTACHMENT 2 Sheet 1 of 6 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: 10:00 A.M. on Friday, May 17, 2019 for Project#E13090 and Morgan Ave. From Staples Street To Ocean Drive(Bond 2014). 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 Ocean Drive(Bond 2014), Project No.E13090. 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 01 29 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: Bid Acknowledgement Form 003000-1 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 ADDENDUM NO. 2 ATTACHMENT 2 Sheet 2 of 6 Addendum No. Addendum Dat Signature Acknowledging Receipt 1 4/25/2019 2 5/13/2019 3 5/13/2019 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 Bid Acknowledgement Form 003000-2 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014),Project No. E13090 Rev 10/2018 ADDENDUM NO. 2 ATTACHMENT 2 Sheet 3 of 6 the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors, ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 $ 5, �g 17714. '60 Add Alternate 1 $ 100 Poo . 0 0 Add Alternate 2 $ .10 0 0 0 p . 0 0 Add Alternate 3 $ 1001000 , 00 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. Bid Acknowledgement Form 003000-3 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014),Project No.E13090 Rev 10/2018 ADDENDUM NO. 2 ATTACHMENT 2 Sheet 4 of 6 ARTICLE 5—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. 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 550 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 580 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 Ocean Drive(Bond 2014),Project No.E13090 Rev 10/2018 ADDENDUM NO. 2 ATTACHMENT 2 Sheet 5 of 6 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 Ocean Drive(Bond 2014),Project No. E13090 Rev 10/2018 ADDENDUM NO. 2 ATTACHMENT 2 Sheet 6 of 6 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) By: V, cr n NA { . (in ' 'dual'ssignature) Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 74-2982901 Address for giving notices: Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Phone: (361)693-2100(main#) Email: lentzj@bayltd.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 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 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- 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. l 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. i i Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 Approysad Correct: I 5dward A. Ma ,President i Attest: I i i i DonEtta Beaty, Secretar j Certification t 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 1St day of February 2017,to which witness my hand. DonEtta Beaty, Secretar { I� i f� i i BID BOND KNOW ALL MEN BY THESE PRESENTS,that we BERRY CONTRACTING, LP DBA BAY LTD. as Principal, hereinafter called the Principal,and CONTINENTAL CASUALTY COMPANY a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars( 5% G.A.B. ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitteda bid for MORGAN AVE. FROM STAPLES STREET TO OCEAN DRIVE(BOND 2014) PROJECT NO. E13090 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. (Principal) (Seal) (Witnes By. -31(Title) CONTINENTAL CASUALTY COMPANY 11L ac, //Z (Surety)�� (Seal) ( ess) (Title) MARY EN MOORE, ATTY IN FACT Printed in cooperation withthe American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually i of Corpus Christi,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October,2016. GAS Uq(r %%SURgt, °MPANVO'C Continental Casualty Company c� ^yc �90 National Fire Insurance Company of Hartford CORP.RArj� Q� p `N�pRPORgrFo American Cas lty Company of Reading,Pennsylvania D $; JULY 71, GV SEAL t$- e 190E a 1a97 HARD b • ' r Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR NOTARY PUBLIC SOUTH DAKOTA S U My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 1 ST day of MAY 2019 G UA(r %4SU1?4MPANYOo Continental Casualty Company (ooRPOAAre N ° �" National Fire Insurance Company of Hartford 00NCORPpRA?., American Casualty Company of Reading,Pennsylvania JULYSEAL `T T'� No a� 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 Directorsof 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 bice nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,`Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF 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 bice nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,`Electronic Signatures';Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements-and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of Ike nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Berry Contracting, LP dba Bay Ltd. (typed or printed) By. LS � . ( ' nature--attach evidence of a ority to n) 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 Ocean Drive(Bond 2014), Project No. E13090 10/2018 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 0 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. f RESOLVED that the following named individuals be empowered to act { for and on behalf of Bay Ltd.as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions,changes or modification of same as the needs of the company may require, K. J.Luhan President D. W.Berry Vice President M. G.Berry Vice President A.L.Berry Vice President Edward A.Martin Vice President 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. 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". 1i FURTHER RESOLVED that the Secretary be and is herein authorized and 1 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. I Berry Operating Company LLC Special Meeting,February 1,2017 Page 2 l Ar d Correct: dward A. Ma i ,President i i i Attest: i i DonEtta Beaty, Secretar i I 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 111 day of February 2017,to which witness my hand. DonEtta Beaty, Secretar f I li 3 I JJI 1 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 ® 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name N/A Job Title and City Department(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 Consultant N/A City of Corpus Christi 003005-1 Morgan Ave_From Staples Street To Ocean Drive(Bond 2014),Project No.E13090Rev 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 m 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 Print) Signature of Certifying Person: Date: 1 r DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-1 Morgan Ave.From Staples Street To Ocean Drive(Bond 2014),Project No.E13090Rev 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 Ocean Drive (Bond 2014) Project No. E13090 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 S M r. (signature--attach evidence of crdthority to ign) 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 Ocean Drive(Bond 2014), Project No. E13090 10/2018 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. RESOLVED that the following named individuals be empowered to act for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds,bids, offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. K. J. Luhan President D. W.Berry Vice President M. G.Berry Vice President A. L. Berry Vice President Edward A.Martin Vice President 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". i FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the I knowledge that such parties will rely upon same until actual receipt of f written notice of change,deletion,modification, or revocation of such authority. Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 4 - A r d Correct: i 5dward A. Ma i ,President Attest: 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 1St day of February 2017,to which witness my hand. 3 DonEtta Beaty, Secretar I } r I i i i l l r i i i i 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 Ocean Drive(Bond 2014), Project No. E13090 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 OPTto 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 Ocean Drive(Bond 2014), Project No. E13090 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 Ocean Drive(Bond 2014), Project No. E13090 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. 1 (361)693-2100 Website I https://bayltd.com Form of Business (check one) ❑ Corporation 1K 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 Don Etta BEATY Treasurer's Name DIANE DeCou If a Partnership Date of Organization 11/29/1990 Form of Partnership: ❑ General 12� 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 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 004516-4 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 1 2016 1 EMR .63 Year I 2015 I EMR 1 .58 Year 12014 1 EMR I 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 Ocean Drive(Bond 2014), Project No. E13090 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). Name of Entity Performing the Estimated Percentage Description of Work Work of Contract Price DIRT WORK,STORM WATER,WATERLINE AND PAVING BAY LTD. 98.67% 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 IEMR Year EMR Year EMR Subcontractor Year IEMRI Year EMR Year EMR Statement of Experience Morgan Ave. From Staples Street To Ocean Drive(Bond 2014),Project No. E13090 004516-6 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: BAY LTD. Proiect Information Project STAPLES STREET-WILLIAMS TO COMPLETE REMOVAL OF AN EXISTING ROADWAY AND Description N �SARATOGA RECONSTRUCTION 5-LANE ROADWAY ame 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 Description DISPLACEMENT/EXTENSION RUNWAY Name Reference 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 Final Contract #Contract #Days $12,841,419.06 $15,631,021.36 365 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 Ocean Drive(Bond 2014), Project No. E13090 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. Proiect Information Project INTERNATIONAL DR. IMPROVEMENTS REHAB.OF INTERNATIONAL DR.AT THE CCIA LEVEL-UP OVERLAY Name (BOND 2012) Description WITH FULL DEPTH PAVEMENT REPAIR,ETC. Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title SCOTT JON ES, P.E. Telephone (361) 887-8851 Email SJONES@UAENGEINEERING.COM Project Designer UA ENGINEERING, INC. Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,683,694.35 $1,798,541.35 180 CD price Days Late Issues/Claims/ Litigation: Proiect 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-INC.COM Project Designer NAISMITH/HANSON ENGINEERING Project Budget and Performance Original Final Contract #Contract # Days Contract Price $13,448,289.10 Price $13,873,704.00 Days 730 CD Late Issues/Claims/ Litigation: Proiect Information Project WALDRON RD. FROM CARIBBEAN DR. Description CEMENT STABILIZED PAVING,ALONG WITH RELATED Name TO GLENOAK DR. (BOND 2014) 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 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014),Project No. E13090 0045 16-8 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 $9,863,126.39 Price $10,143,972.29 Days 317 WD Late Issues/Claims/ Litigation: Project Information Project NUECES COUNTY-IH0037 Description MILL,SEAL AND OVERLAY Name 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: Project 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 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No.E13090 004516-9 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I 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 orjudgments 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? N Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? d1 Yes ❑ No 3 Does the Bidder have an active construction safety training program? N 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 iX 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 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 004516-10 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I BAY LTD. E. Fall Protection K 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 [A 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 1XYes ❑ 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 X Yes ❑ No the issues in a separate attachment if yes. Statement of Experience 004516-11 Morgan Ave.From Staples Street To Ocean Drive(Bond 2014), Project No.E13090 Rev 10/2018 Table 5-Demonstrated Minority,MBE, DBE Participation Organization doing business as I 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% OTHERS TO BE DETERMINED Statement of Experience 004516-12 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014),Project No. E13090 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) By: (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 Ocean Drive (Bond 2014), Project No. E13090 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 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. 17 RESOLVED that the following named individuals be empowered to act ! , for and on behalf of Ba Ltd. as to the making and signing of contracts a a y t g gn g 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. ' 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 t directed to furnish a certified copy hereof to any interested parties with the t; 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 1 Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 4 A r d Correct: I 3 dward A.Ma i ,President i i Attest: i I DonEtta Beaty, Secretar Certification 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 3 full force and effect this 1St day of February 2017,to which witness my hand. DonEtta Beaty, Secretar i i 3 I7 i 1 1 1 i 3: i 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 16, 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 Ocean Drive (Bond 2014) Proiect No. E13090 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. Jeff Coym, PE 5353 South Staples Street, Suite 425 Corpus Christi,Texas 78411 UASouthccC@lia.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 550 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 580 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 Agreement 005223- 1 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,750 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 $ 5,187,733.85 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 Ocean Drive(Bond 2014), Project No. E13090 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 Ocean Drive(Bond 2014), Project No. E13090 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 Ocean Drive(Bond 2014), Project No. E13090 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 Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI Dgit lly-g dby Rebe H rta DIg dy Ig—by—Etl ds RebeccaH uerta seg i ry ,_eee° bay as°�nm�°Us,,e�-�� Dtis �et,Edme�de E g1eer11g emat le reye�ee�.a=�em. Date.2019 08 05 09 43 53 05'00Dat 2019.0]3014'52 27 0500' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2019-101 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 07/16/2019 Digitally signed by Kent Mcllyar DN cn KentMcllyar n nD Digitally signed by RH/AB email trent—gi,ctexascnm c US RH/AB Date.2019.07.3014.03.20 0a00a _ Date:2019.08.01 11:16:04-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting LP dba Bay Ltd signedJon Lenz (Seal Below) By: Jon Lentz Date:Digitally 019.0729Y10:16:54105'00' 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, Texas 78409 City State Zip 361/693-2100 361 -289-2304 Phone Fax lentzj@bayltd.com EMail END OF SECTION Agreement 005223-7 Morgan Ave. From Staples Street To Ocean Drive(Bond 2014), Project No. E13090 Rev 10/2018 00 6113 PERFORMANCE BOND BOND NO. 30046791 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: Project No. E13090 Morgan Ave from Staples Street to Ocean Drive (Bond 2014) Award Date of the Contract: July 16, 2019 Contract Price: $5,187,733.85 Bond Date of Bond: JULY 19, 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: memoore@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond E13090 Morgan Ave — Staples to Ocean Dr (Bond 2014) 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contract as Principal Signature: T- o. "' Surety `�� Signature: ‘..,.e..:‘, ��,., ///G'Mt.,- Name: .... L en k- Z Name: MA LEN MOORE Title: Es -V, „r, �-�M r 5 Title: ATTORNEY IN FACT 5 Email Address: L to -2„J @0 11.0../ L'Ir Co -d• Email Address: memoore@hiRRinbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E13090 Morgan Ave — Staples to Ocean Dr (Bond 2014) 006113-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Hayles, Aaron J Endris, Tricia Balolong, Individually of Corpus Christi, TX, their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October, 2016. Continental Casualty Company National Fire Insurance Company of Hartford American Cass lty Company of Reading, Pennsylvania Paul T. Bruflat # Vice President State of South Dakota, County of Minnehaha, ss: On this 26th day of October, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My Commission Expires June 23, 2021 CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 19TH day of JTZT.y Form F6853-4/2012 ,9016 . Continental Casualty Company National k'ire.Insurance Company of Hartford C)A,inuericamQasualty Company of Reading, Pennsylvania D. Bult • Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, 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 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 Ince 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 conceming 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 concemiente 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. 30046791 Contractor as Principal Name: Berry Contracting LP dba Bav 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: Project No. E13090 Morgan Ave from Staples Street to Ocean Drive (Bond 2014) Award Date of the Contract: July 16, 2019 Contract Price: $5,187,733.85 Bond Date of Bond: JULY 19, 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 (principa! 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: memooreCwhieeinbotham.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 E13090 Morgan Ave — Staples to Ocean Dr (Bond 2014) 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contracto s Principal Signature: Surety Signature: &z:::_. ID?)en-4— �rD?)en-4— q Name: Name: ''Q^ Lt'r - �� Name: MARY Et(kN MOORE Title: l S4r; 1-•,•A-' n9 M r. Title: ATTORNEY IN FACT b Email Address: Lam„ It. 2.- (�,4,�L 1, Corn Email Address: memoorePhigginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E13090 Morgan Ave – Staples to Ocean Dr (Bond 2014) 006116-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Bayles, 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 26th day of October, 2016. Continental Casualty Company National Fire Insurance Company of Hartford American Catty Company of Reading, Pennsylvania Paul T. Bruflat # Vice President State of South Dakota, County of Minnehaha, ss: On this 26th day of October, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My Commission Expires June 23, 2021 CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 19TH day °f JULY , 9019 • Continental Casualty Company Natiogal l~ ire.Insurance Company of Hartford t.'ineridari•(Oasualty Company of Reading, Pennsylvania Form F6853-4/2012 t'1 D. Bult Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, 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 dub' 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: 1-800-252-3439 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 concemiente 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.