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HomeMy WebLinkAboutC2019-505 - 8/27/2019 - Approved (013S C I ,a yr N�y'RpPO�R�R7�E� 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 27, 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: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B) City Project No. 18021A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV.Inc.(D.Scott Jones,P.E.) 801 Navigation,Suite 300 Corpus Christi,TX 78408 siones@Invinc.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power,P.E.—Acting Construction 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 540 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 570 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 00 52 23-1 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 CONTRACT DOCUMENTS FOR CONSTRUCTION OF Holly Road Rodd Field Road to Ennis Joslin Road (Type B) City Project No, 18021A City of Corpus Christi LNV 1 engineers I architects I surveyors �;,�,�p�E OFT 1 j •gstlt, 801 Navigation,Suite 300 r*: Corpus Christi,Texas 78408 D. SCOTT.JONES i.............. ......»... (361)883-1984 t ms's 819$6• rQ r TBPE Firm No. F-366 lt1t��Zs April 23, 2019 Record Drawing Number STR-950 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 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(Rev 01-2016) 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(Rev 10-11-2018) 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 021 Site Preparation 02 10 20 Site Clearing and Stripping(Rev 10-30-2014) 02 10 40 Site Grading(Rev 10-30-2014) 02 10 80 Removing Abandoned Structures (Rev 10-30-2014) Table of Contents Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 11/2018 Division/ Title Section 022 Earthwork 02 20 20 Excavation & Backfill for Utilities(Rev 03-25-2015) 02 20 21 Control of Ground Water(Rev 10-30-2014) 02 2022 Trench Safety for Excavations(Rev 10-30-2014) 02 2040 Street Excavation (Rev 10-30-2014) 02 2060 Channel Excavation (Rev03-25-2015) 02 20 80 Embankment(Rev 10-30-2014) 02 2100 Select Material (Rev 10-30-2014) 02 2420 Silt Fence(Rev 10-30-2014) 025 Roadway 0252 Subgrades and Bases 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement(Rev 11-09-2016) 02 52 23 Crushed Limestone Flexible Base(Rev 03-25-2015) 0254 Asphalts and Surfaces 02 54 04 Asphalts, Oils, & Emulsions(Rev 10-30-2014) 02 54 12 Prime Coat(Rev 10-30-2014) 02 54 24 Hot Mix Asphalt Concrete Pavement(Rev 03-25-2015) 0256 Concrete Work 0256 08 Inlets (Rev 03-25-2015) 0256 10 Concrete Curb& Gutter(Rev 03-25-2015) 02 56 12 Concrete Sidewalks & Driveways(Rev 03-25-2015) 0258 Traffic Controls and Devices 02 58 02 Temporary Traffic Controls During Construction (Rev 10-30-2014) 02 58 05 Work Zone Pavement Markings (Rev 10-30-2014) 02 58 07 Pavement Markings (Paint and Thermoplastics) (Rev 10-30-2014) 02 58 13 Preformed Thermoplastic Striping, Words& Emblems(Rev 03-25-2015) 02 58 16 Raised Pavement Markers(Rev 10-30-2014) 02 58 18 Reference Specifications—TxDOT DMS-4200 Pavement Markers (Reflectorized) (TXDoT) 02 58 28 Reference Specifications—TxDOT DMS-6130 Bituminous Adhesive for Pavement Marker(TXDoT) Table of Contents Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 11/2018 Division/ Title Section 026 Utilities 0262 General 02 62 01 Waterline Riser Assemblies(Rev 10-30-2014) 02 62 02 Hydrostatic Testing of Pressure Systems(Rev 10-30-2014) 02 62 04 PVC Pipe—Pressure Pipe for Wastewater Force Mains, Irrigation Systems, and water Transmission Lines—ASTM D2241 (Rev 10-30-2014) 02 62 06 Ductile Iron Pipe& Fittings(Rev 10-30-2014) 02 62 10 PVC Pipe—AWWA C900/C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains(Rev 03-25-2015) 0254 Waterlines 02 64 02 Waterlines 02 64 04 Water Service Lines(Rev 03-25-2015) 02 64 09 Tapping Sleeves&Tapping Valves(Rev 03-25-2015) 02 64 11 Gate Valves for Waterlines(Rev 03-25-2015) 02 64 16 Fire Hydrants(Rev 03-25-2015) 027 Wastewater and Storm Water 0272 General 02 72 02 Manholes(Rev 03-25-2015) 0274 Storm Water 02 74 02 Reinforced Concrete Pipe Culverts(Rev 03-25-2015) 02 74 04 Concrete Box Culverts(Rev 10-30-2014) 0276 Wastewater(Gravity) 02 76 11 Cleaning and Televised Inspection of Conduits(Rev 03-25-2015) 028 Site Improvements and Landscaping 02 80 40 Sodding(Rev 03-25-2015) 02 82 00 Mail Box Relocation (Rev 10-30-2014) 02 83 20 Chain Link Fence(Rev 10-30-2014) DIVISION 03 Concrete Table of Contents Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 11/2018 Division/ Title Section 030 Concrete,Grout 03 00 20 Portland Cement Concrete(Rev 10-30-2014) 03 20 20 Reinforced Steel (Rev 10-30-2014) 03 70 40 Epoxy Compounds (S-44) * 03 80 00 Concrete Structures(Rev03-25-2015) DIVISION 05 Metals 050 Metals 05 54 20 Frames, Grates, Rings, & Covers (Rev 10-30-2014) Part T Technical Specifications DIVISION 02 Sitework 025 Roadway 02 56 14-T Concrete Curb Ramps(Rev 11-19-2018) 028 Site Improvements and Landscaping 02 80 20-T Seeding(Rev 11-19-2018) 160 Electrical ITEM 618 Conduit 34 41 16.43 Ground Boxes Appendix Title 1 Geotechnical Report by PSI dated 2-19-19 END OF SECION Table of Contents Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B) City Prosect No. 18021A A. Project Description: Project includes the reconstruction of Holly Road from Rodd Field Road to Ennis Joslin Road (approximately 4,200 LF) as a C2 Collector with one (1) 11' wide driving lane in each direction and a 12' wide continuous, left-turn lane down the middle with 6" standard curb and gutter and 5' wide concrete sidewalks on each side of the road and new curb ramps at the street intersections (New pavement section to be HMAC.);storm water improvements including 5' curb inlets and 18" and 24" RCP laterals and a trunk main composed of 4'x2',6'x2',8'x2' box culverts concrete junction boxes,concrete headwalls, and re-grading of southside ditch from Ennis Joslin Road to the east side of Paul Jones Ave with three (3) single, 8'x2' box culvert crossings with headwalls; replacement of existing 30" D.I. water transmission main with new 30" C905 PVC main from Rodd Field Road to Ennis Joslin Road; and, new 8" and 12" water distribution mains. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$10.244.000. The Project is to be substantially complete and ready for operation within 540 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 p.m. May 22, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders 002113-1 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B), Project No. 18021A All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 p.m. May 22, 2019 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 at 2:00 p.m. May 14, 2019 at the following location: City Hall Building—SMART Board Conference Room 3rd floor. Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders 002113-2 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 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. Questions must be submitted by 5:00 p.m. 7 days prior to the date of the bid opening in order for responses to be posted. Inquires made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 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 the job name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to Invitation to Bid and Instructions to Bidders 002113-5 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 15.04 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: A. Total Base Bid Invitation to Bid and Instructions to Bidders 002113-6 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING Invitation to Bid and Instructions to Bidders 002113-7 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 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 because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe 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. Invitation to Bid and Instructions to Bidders 002113-8 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas LNV, Inc. MBITS, Inc. Professional Services Industries, Inc. (PSI) B. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are complete,fully functional, approved, and suitable for operation in accordance with the Contract Documents: a. All Project improvements except as listed below. 2. Only the following items not yet complete in accordance with the Contract Documents: a. Street Name signs, b. Minor grading, and C. Project revegetation 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 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A 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 66 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1) Geotechnical Reports include the following: Geotechnical Report prepared by PSI on February 19, 2019 and included as an Appendix in the Contract Documents. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: None SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE Supplementary Conditions 007300-2 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A 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 ✓ Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required ✓ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ✓ Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS Supplementary Conditions 007300-3 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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). 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) Supplementary Conditions 007300-4 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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 E0, 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 Supplementary Conditions 007300-5 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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 E0, 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 Supplementary Conditions 007300-6 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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, 1000 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. Supplementary Conditions 007300-7 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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; Supplementary Conditions 007300-8 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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 E0, 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 Supplementary Conditions 007300-9 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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 E0, 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 Supplementary Conditions 007300-10 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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, 1000 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. Supplementary Conditions 007300-11 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 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. ---------------------------------------------------------------- Supplementary Conditions 007300-12 Holly Road-Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 END OF GENERAL DECISION ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES A. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 LNV, Inc. 361-883-1984 D. Scott Jones, P.E. 361-883-1984 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater 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 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 Supplementary Conditions 007300-13 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description N/A ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description As-Built Information On All Constructed Improvements END OF SECTION Supplementary Conditions 007300-14 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)- 18021A Rev 10/2018 009101 ADDENDUM NUMBER 6 Project: Holly Road—Rodd Field Rd to Ennis Joslin Rd (Type B) Project Number: Owner: City of Corpus Christi 18021A City Engineer: J.H. Edmonds, P.E. (irL City of Corpus Christi 'CVJ L_ _4 Designer: D. Scott Jones, P.E. LNV, Inc. Addendum No. 6 Specification Section: 00 91 01 Issue Date: July 15, 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 de ed in this Addendum. Approved by: [Designer] OFF � Z D. Scott Jones, P.E. July 15, 2019 g�;• '� qs*�lr Name Date ;• Addendum Items: '}.D, SCOTT JONES ji •o' Article 1: Bidding Requirements-Attachments 1 &2 `�t pa,. 81986.••..�N•�� iF%DENS�� � ttZzo'� LNV, Inc. TBPE Firm No. F-366 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS—Article 3 (ATTACHMENT 1);SECTION 00 30 00 BID ACKOWLEDGM ENT FORM—Article 1 (ATTACHMENT 2): 1. The location for the receipt of Bids has changed to Contracts and Procurement Department,City Hall 15t Floor. 2. The location for the Bid opening has changed to Contracts and Procurement Conference Room 3. The date and time for the receipt of Bids and Bid opening remains unchanged. END OF ADDENDUM NO. 6 Addendum No. 6 009101-1 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A Rev 01-13-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B) City Prosect No. 18021A A. Prosect Description: Project includes the reconstruction of Holly Road from Rodd Field Road to Ennis Joslin Road (approximately 4,200 LF) as a C2 Collector with one (1) 11' wide driving lane in each direction and a 12' wide continuous, left-turn lane down the middle with 6" standard curb and gutter and 5' wide concrete sidewalks on each side of the road and new curb ramps at the street intersections (New pavement section to be HMAC.);storm water improvements including 5' curb inlets and 18" and 24" RCP laterals and a trunk main composed of 4'x2',6'x2',8'x2' box culverts concrete junction boxes,concrete headwalls, and re-grading of southside ditch from Ennis Joslin Road to the east side of Paul Jones Ave with three (3) single, 8'x2' box culvert crossings with headwalls; replacement of existing 30" D.I. water transmission main with new 30" C905 PVC main from Rodd Field Road to Ennis Joslin Road; and, new 8" and 12" water distribution mains. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$10.244.000. The Project is to be substantially complete and ready for operation within 540 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 p.m. July 17, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-1 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 1 of 9 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 Contracts and Procurement Department City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: Contracts and Procurement Bid: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B), Project No. 18021A All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 p.m.July 17, 2019 at the following location: City of Corpus Christi City Hall Building, 1st Floor Contracts and Procurement 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 at 2:00 p.m. May 14, 2019 at the following location: City Hall Building—SMART Board Conference Room 3rd floor. Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-2 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 2 of 9 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. Questions must be submitted by 5:00 p.m. 7 days prior to the date of the bid opening in order for responses to be posted. Inquires made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-3 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 3 of 9 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 the job name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-4 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 4 of 9 ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-5 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 5 of 9 withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 15.04 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: A. Total Base Bid Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-6 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 6 of 9 ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-7 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 7 of 9 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 because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-8 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 8 of 9 acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders ADDENDUM NO.6 002113-9 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.1 Rev 10/2018 PAGE 9 of 9 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 (type or print name of company)on:2:00 p.m.July 17,2019 for Holly Road—Rodd Field Road to Ennis Joslin Road(Type B), Project No. 18021A 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 Contracts and Procurement Department 1201 Leopard Street Corpus Christi,Texas 78401 Attention: Contracts and Procurement Bid - Holly Road—Rodd Field Road to Ennis Joslin Road (Type B), Project No. 18021A 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. Bid Acknowledgement Form ADDENDUM NO.6 003000-1 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 1 of 6 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 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; Bid Acknowledgement Form ADDENDUM NO.6 003000-2 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 2 of 6 B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. Bid Acknowledgement Form ADDENDUM NO.6 003000-3 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 3 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 540 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 570 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 ADDENDUM NO.6 003000-4 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 4 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 ADDENDUM NO.6 003000-5 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 5 of 6 ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (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 ADDENDUM NO.6 003000-6 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 6 of 6 18021 A Holly Road-Rodd Field Road to Ennis Joslin Road(Type B) Report Created On:7/17/19 7:30:22 PM PROJECT: 18021A Holly Road - Rodd Field Road to Ennis Joslin Road (Type B) BIDDER: BAY LTD TOTAL BID: $8,345,031.15 COMPLETION TIME: Not Required BIDDER INFO: 401 CORN PRODUCTS ROAD HWY BLD #1 CORPUS CHRISTI,TX 78412 P: 346.305.0031 F: 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Berry Contracting, LP dba Bay Ltd. (type or print name of company)on:2:00 p.m.July 17,2019 for Holly Road—Rodd Field Road to Ennis Joslin Road(Type B), Project No. 18021A 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 Contracts and Procurement Department 1201 Leopard Street Corpus Christi,Texas 78401 Attention: Contracts and Procurement Bid-Holly Road—Rodd Field Road to Ennis Joslin Road(Type B),Project No. 18021A All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. Bid Acknowledgement Form ADDENDUM NO.6 003000-1 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 1 of 6 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 1 5/17/2019 2 5/24/2019 3 6/07/2019 NJ 4 6/11/2019 5 7/11/2019 6 7/15/2019 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; Bid Acknowledgement Form ADDENDUM NO.6 003000-2 Holly Road—Rodd Field Road to Ennis loslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 2 of 6 B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. Bid Acknowledgement Form ADDENDUM NO.6 003000-3 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 3 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 540 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 570 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 ADDENDUM NO.6 003000-4 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 4 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 ADDENDUM NO.6 003000-5 Holly Road—Rodd Field Road to Ennis loslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 5 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: (indi dual's signature Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed �or printed) �J Attest: t/ // 1 a, a"z" (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 ADDENDUM NO.6 003000-6 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A ATTACHMENT NO.2 Rev 10/2018 PAGE 6 of 6 i) 1 Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 A r d Correct: E I ward A. M i ,President f i Attest: i i i DonEtta Beaty, Secretar Certification I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this 1 day of February 2017,to which witness my hand. i i i' i DonEtta Beaty, Secretar I i i I i f i i i i i i i 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM BID TOTALS BASE BID Total Part A-General $619,653.00 Part B-STREET IMPROVEMENTS $1,424,101.15 PartC-STREET LIGHT CONDUIT $91,916.00 Part D -ADA IMPROVEMENTS $472,753.00 Part E- DRAINAGE IMPROVEMENTS $2,844,269.00 Part F-WATER IMPROVEMENTS $2,805,234.00 Part G-WASTEWATER IMPROVEMENTS $12,285.00 Part H -GAS IMPROVEMENTS $74,820.00 Total $8,345,031.15 Part A-General No. Description Unit Qty Unit Price Ext Price Al Mobilization(5% Max. Part A) LS 1 $25,000.00 $25,000.00 A2 Bonds&Insurance LS 1 $52,000.00 $52,000.00 A3 Storm Water Pollution Prevention Plan LS 1 $2,000.00 $2,000.00 A4 Silt Fence LF 300 $13.75 $4,125.00 A5 Inlet Protection EA 29 $310.00 $8,990.00 A6 Stabilized Construction Entrance EA 2 $6,100.00 $12,200.00 A7 Revegetation(Hydromulch) SY 23000 $1.15 $26,450.00 A8 Tree Protection Fence LF 1020 $2.90 $2,958.00 A9 Traffic Control Plan&Preparation LS 1 $29,800.00 $29,800.00 A10 Traffic Control Plan LS 1 $15,900.00 $15,900.00 Mobilization/Adjustments All Traffic Control Items(Barricades,Signs, MO 18 $3,300.00 $59,400.00 &Traffic Handling) Al2 Low Profile Concrete Barriers EA 100 $1,100.00 $110,000.00 A13 Electronic Message Board EA 4 $5,200.00 $20,800.00 A14 Temporary Pavement SY 6500 $37.00 $240,500.00 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM A15 Clear Right-Of-Way AC 9 $970.00 $8,730.00 A16 Ozone Action Day DAYS 5 $160.00 $800.00 Sub Total: $619,653.00 Part B-STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price B1 Mobilization(5% Max. Part B) LS 1 $58,000.00 $58,000.00 B2 Remove Concrete Driveway SF 5656 $3.40 $19,230.40 B3 Street Excavation(1' B.O.C.) SY 21458 $9.10 $195,267.80 B4 Subgrade Preparation(1' B.O.C.) SY 21458 $2.75 $59,009.50 B5 TX-5 Geogrid(1' B.O.C.) SY 21458 $2.25 $48,280.50 B6 8"Crushed, Limestone Base(Type A, SY 21458 $18.00 $386,244.00 Grade 1-2)(1' B.O.C.) B7 Prime Coat(0.20 Gallons/SY) GAL 3702.8 $5.25 $19,439.70 B8 2.5"Type'B' HMAC SY 18514 $16.25 $300,852.50 B9 1.5"Type'D' HMAC SY 18514 $10.25 $189,768.50 B10 Concrete Driveway SF 5465 $12.25 $66,946.25 B11 Reflective Pavement Markings TY.1(W) LF 151 $19.00 $2,869.00 (24")(SLD)(100 mil)-Stop Bar B12 Reflective Pavement Markings TY.1(W) LF 364 $19.00 $6,916.00 (24")(SLD)(100 mil)-Crosswalk B13 Reflective Pavement Markings TY.1 (W) LF 409 $19.00 $7,771.00 (24")(SLD)(100 mil)-Cycle Track Crosswalk B14 Reflective Pavement Markings TY.1 (Y) LF 71 $21.00 $1,491.00 (24")(SLD)(100 mil)-Gore B15 Reflective Pavement Markings TY.1 (W) LF 398 $10.50 $4,179.00 (12")(SLD)(100 mil)-Cycle Track Crosswalk B16 Reflective Pavement Markings TY.1 (W) LF 800 $1.50 $1,200.00 (8")(SLD)(100 mil) B17 Reflective Pavement Markings TY.1 (Y) LF 7762 $0.50 $3,881.00 (4")(SLD)(100 mil) B18 Reflective Pavement Markings TY.1 (Y) LF 1458 $0.50 $729.00 (4")(BKN)(100 mil) 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM B19 Prefabricated Pavement Markings TY.1 EA 6 $360.00 $2,160.00 (W)(Word)"Only"(100 mil) B20 Prefabricated Pavement Markings TY.1 EA 18 $250.00 $4,500.00 (W)(Left Turn Arrow)(100 mil) B21 Prefabricated Pavement Markings TY.1 EA 1 $230.00 $230.00 (W)(Straight Arrow)(100 mil) B22 Prefabricated Pavement Markings TY.1 EA 1 $250.00 $250.00 (W)(Right Turn Arrow)(100 mil) B23 Raised Reflective Pavement Markings EA 255 $6.50 $1,657.50 (TY II-A-A)Yellow B24 Raised Reflective Pavement Markings EA 42 $10.50 $441.00 (TYI-C)White B25 Raised Reflective Pavement Markings EA 15 $10.50 $157.50 (TYII-B-B) Blue B26 Combo Stop Sign(R1-1)/Street Name EA 9 $650.00 $5,850.00 Blades(Incl. Metal Pole, Foundation and Removal of Existing Sign) B27 Speed Limit Sign(R2-1)(Incl. Metal Pole, EA 1 $260.00 $260.00 Foundation,and"BEGIN"Sign) B28 Speed Limit Sign(R2-1)(Incl. Metal Pole EA 2 $160.00 $320.00 and Foundation) B29 Lane Control Sign(Incl. Metal Pole and EA 4 $200.00 $800.00 Foundation) B30 TxDOT Guardrail(Incl.T.A.S.&Impact LF 160 $65.00 $10,400.00 Head) B31 Allowance For Unanticipated Street LS 1 $25,000.00 $25,000.00 Improvements(MANDATORY) Sub Total: $1,424,101.15 PartC-STREET LIGHT CONDUIT No. Description Unit Qty Unit Price Ext Price C1 Mobilization(5% Max. Part C) LS 1 $3,800.00 $3,800.00 C2 Condt(PVC)(SCHD 40)(2") LF 4592 $13.00 $59,696.00 C3 Ground Box TY A(122311)W/Apron EA 29 $980.00 $28,420.00 Sub Total: $91,916.00 Part D -ADA IMPROVEMENTS 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM No. Description Unit Qty Unit Price Ext Price D1 Mobilization(5% Max. Part D) LS 1 $19,000.00 $19,000.00 D2 Demo Concrete Sidewalk SF 1322 $4.00 $5,288.00 D3 5'-Wide Concrete Sidewalk SF 38884 $10.00 $388,840.00 D4 Curb Ramp SF 1125 $53.00 $59,625.00 Sub Total: $472,753.00 Part E-DRAINAGE IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price E1 Mobilization(5% Max. Part E) LS 1 $84,900.00 $84,900.00 E2 Remove&Haul Off Existing Culverts& LS 1 $28,900.00 $28,900.00 S.E.T.'s E3 Remove Existing Curb and Gutter LF 277 $12.75 $3,531.75 E4 Remove Concrete Slope Paving SF 275 $6.25 $1,718.75 E5 Full Depth Pavement Repair For New SY 150 $160.00 $24,000.00 Culverts @ Halcon,Oso Preserve,and N. Oso Pkwy. E6 Adjust Existing Manhole R&C EA 1 $1,800.00 $1,800.00 E7 18"Class IV RCP LF 473 $170.00 $80,410.00 E8 24"Class IV RCP LF 443 $140.00 $62,020.00 E9 4'x2' RC Box Culvert(HL-93) LF 1377 $200.00 $275,400.00 E10 6'x2' RC Box Culvert(HL-93) LF 460 $310.00 $142,600.00 E11 8'x2' RC Box Culvert(HL-93) LF 3134 $450.00 $1,410,300.00 E12 Pipe Trench Safety LF 5887 $2.50 $14,717.50 E13 Headwall for 1-8'x2' BC EA 6 $8,800.00 $52,800.00 E14 Headwall for 2-8'x2' BC EA 1 $21,600.00 $21,600.00 E15 Equalizer Openings between 2-8'x2' BC's EA 6 $3,100.00 $18,600.00 E16 Standard 4' Diam.Type A Manhole EA 1 $5,000.00 $5,000.00 E17 3'x3' Manhole Riser EA 13 $5,000.00 $65,000.00 E18 JB-1:7.5'x5'Curb Inlet/Type'B'Junction EA 1 $17,700.00 $17,700.00 Box(Pre-cast) E19 JB-2:7.5'x5'Curb Inlet/Type'B'Junction EA 1 $17,900.00 $17,900.00 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM E20 JB-3: 10.5'x6.5'Curb Inlet/Type'B' EA 1 $21,200.00 $21,200.00 Junction Box(Pre-cast) E21 JB-4:6.5'x6.5'Type'B'Junction Box(Pre- EA 1 $16,500.00 $16,500.00 cast) E22 JB-5:8.5'x4'Type'B' Precast Junction Box EA 1 $15,100.00 $15,100.00 (Pre-cast) E23 JB-6:20.5'x6.5'Type'B'Junction Box EA 1 $39,700.00 $39,700.00 (Pre-Cast,or Cast-In-Place) E24 5'Curb Inlet EA 22 $4,800.00 $105,600.00 E25 10'Curb Inlet EA 1 $8,900.00 $8,900.00 E26 Storm Structure Trench Safety EA 43 $91.00 $3,913.00 E27 Sidewalk Drain(Includes Associated EA 2 $3,300.00 $6,600.00 Grading) E28 Std.6"Curb and Gutter LF 8361 $24.00 $200,664.00 E29 Concrete Slope Paving SF 1650 $13.25 $21,862.50 E30 In Place Lot Fill,(Incl. Stripping& SY 350 $21.00 $7,350.00 Approx. 175 CY of In Place Native Fill Material) E31 St.Augustine Sod Over Lot Fill SY 350 $16.00 $5,600.00 E32 Re-Grade Southside Ditch(Incl. Removal LF 2351 $6.50 $15,281.50 of Approx. 3,674 CY In-Place Cut) E33 Ditch Fill(Incl.Approx. 2,384 CY of In- LF 5525 $4.00 $22,100.00 Place Select Fill Material) E34 Allowance For Unanticipated Drainage LS 1 $25,000.00 $25,000.00 Improvements(MANDATORY) Sub Total: $2,844,269.00 Part F-WATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price F1 Mobilization(5% Max. Part F) LS 1 $89,900.00 $89,900.00 F2 Remove Existing 2"Waterline LF 21 $15.00 $315.00 F3 Remove Existing 6"ACP Waterline LF 26 $96.00 $2,496.00 F4 Remove Existing 8"ACP Waterline LF 102 $65.00 $6,630.00 F5 Remove Existing 8" PVC Waterline LF 404 $28.00 $11,312.00 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM F6 Remove Existing 12"ACP Waterline LF 44 $70.00 $3,080.00 F7 Remove Existing 12" PVC Waterline LF 58 $28.00 $1,624.00 F8 Remove Existing 30" DI Waterline(Incl. LF 4358 $58.00 $252,764.00 Dewatering Line) F9 Remove and Salvage Existing Fire EA 7 $480.00 $3,360.00 Hydrant F10 30"CL350 D.I.Water Main LF 96 $280.00 $26,880.00 F11 30"C905 PVC Water Main LF 4263 $250.00 $1,065,750.00 F12 12"CL350 D.I.Waterline LF 103 $200.00 $20,600.00 F13 8"C900 PVC Waterline LF 2125 $73.00 $155,125.00 F14 8"CL350 D.I.Waterline LF 697 $110.00 $76,670.00 F15 2" P.E.Waterline LF 38 $150.00 $5,700.00 F16 Pipe Trench Safety LF 7322 $4.00 $29,288.00 F17 30"45 Deg Bend EA 6 $4,000.00 $24,000.00 F18 30"Tee EA 1 $6,200.00 $6,200.00 F19 30"Gate Valve EA 3 $37,300.00 $111,900.00 F20 30"Cut&Cap EA 3 $4,100.00 $12,300.00 F21 30"x12"Tee EA 3 $4,100.00 $12,300.00 F22 30"x8"Cross EA 3 $5,600.00 $16,800.00 F23 12"Gate Valve&Box EA 3 $4,000.00 $12,000.00 F24 12"45 Deg Bend EA 6 $410.00 $2,460.00 F25 8"45 Deg Bend EA 55 $200.00 $11,000.00 F26 8"Gate Valve&Box EA 11 $2,000.00 $22,000.00 F27 8"Cross EA 1 $460.00 $460.00 F28 8"Tee EA 1 $720.00 $720.00 F29 8"x6" Reducer EA 1 $200.00 $200.00 F30 8"x2"TS&V EA 1 $4,900.00 $4,900.00 F31 8" End Cap EA 1 $1,000.00 $1,000.00 F32 Connect to Exist.2"Waterline EA 1 $2,600.00 $2,600.00 F33 Connect to Exist.6"ACP Waterline EA 1 $2,500.00 $2,500.00 F34 Connect to Exist.8"ACP Waterline EA 1 $2,700.00 $2,700.00 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM F35 Connect to Exist.8" PVC Waterline w/ EA 3 $4,800.00 $14,400.00 8"x8"TS&V F36 Connect to Exist.8" PVC Waterline EA 20 $2,300.00 $46,000.00 F37 Connect to Exist. 12"ACP Waterline(Incl. EA 1 $31,900.00 $31,900.00 Single Line Stop) F38 Connect to Exist. 12" PVC Waterline(Incl. EA 1 $31,800.00 $31,800.00 Single Line Stop) F39 Connect to Exist. 12" PVC Waterline EA 1 $2,800.00 $2,800.00 F40 Connect To Exist. 30"Waterline(Incl. EA 3 $182,900.00 $548,700.00 Double 30" Line Stop with Bypass) F41 Adjust Existing Water Valve Box EA 10 $2,100.00 $21,000.00 F42 New Fire Hydrant Assembly TY.1 EA 3 $4,900.00 $14,700.00 F43 New Fire Hydrant Assembly TY.1 EA 1 $9,700.00 $9,700.00 (Installed with 12"x6"TS&V) F44 New Fire Hydrant Assembly TY.2 EA 7 $4,700.00 $32,900.00 F45 New Fire Hydrant Assembly TY.2 EA 3 $9,600.00 $28,800.00 (Installed with 8"x6"TS&V) F46 Allowance For Unanticipated Water LS 1 $25,000.00 $25,000.00 Improvements(MANDATORY) Sub Total: $2,805,234.00 Part G-WASTEWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price G1 Mobilization(5% Max. Part G) LS 1 $585.00 $585.00 G2 Adjust Existing Manhole Ring and Cover EA 4 $2,300.00 $9,200.00 G3 Allowance For Unanticipated LS 1 $2,500.00 $2,500.00 Wastewater Improvements (MANDATORY) Sub Total: $12,285.00 Part H-GAS IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price H1 Mobilization(5% Max. Part H) LS 1 $3,200.00 $3,200.00 H2 Exist. Gas Trench Excavation, Bedding& LF 308 $130.00 $40,040.00 Backfill 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM H3 Pipe Trench Safety LF 308 $10.00 $3,080.00 H4 Adjust Existing Gas Valve Box to EA 10 $2,600.00 $26,000.00 Finished Grade H5 Allowance for Unanticipated Gas LS 1 $2,500.00 $2,500.00 Improvements(MANDATORY) Sub Total: $74,820.00 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of N 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. E9�' kr►o \n (signature--attach evide'rrte of out ority to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 14104 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 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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.Bevy Vice President i A.L. Berry Vice President !I Edward A.Martin Vice President Robert C. Blair Vice President Diane DeCou Vice President and CFO Kevin Stone Vice President i FURTHER RESOLVED that Mr.Jon Lentz is empowered to sign contracts,bonds, bids, offers, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts. I FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Estimating Manager are specifically empowered to act for and on behalf of Bay Ltd.to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change,deletion,modification, or revocation of such authority. i Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 { A r d Correct: i 5dward A. Ma 1 ,President f Ei Attest: I I i DonEtta Beaty, Secretar Certification j 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. 1 DonEtta Beaty, Secretar j f I I I i i i i I {l I I +I i 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires allpersons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Berry Contracting,LP dba Bay Ltd. STREET P. O.BOX: 9908 (78469) ADDRESS 1414 Valero Way (78409) CITY: Corpus Christi STATE: Texas ZIP: 78469 - 9908 FIRM IS: 1. Corporation ❑ 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of 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 N/A Consultant City of Corpus Christi 003005-1 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A Rev 01/2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writingto the City official, employee or body that has been requested to act in the matter,unless the interest of the City oficial or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jon Lentz Title: Estimating Manager (Type or Print) Signature of Certifying Person: LS �� Date: , _ l-7_ 14 DEFINITIONS a. "Board member." A member of any board, commission, .or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-1 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A Rev 01/2016 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Holly Road-Rodd Field Road to Ennis Joslin Road (Type B) City Project No. 18021A 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: - L.. S (signature--attach evidence,4f author to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Phone: (361)693-2100 (main#) Email: lentzj@bayltd.com END OF SECTION Non-Collusion Certification 003006-1 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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 Pt day of February 20t7. 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. 1 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 finnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change,deletion,modification, or revocation of such authority. 1 1 Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 4 f A r d Correct: 3 5dw4ardA. 1 ,President E f Attest: } i i i DonEtta Beaty, Secretar i Cerkification I, DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting LP,dba Bay Ltd.,held on the date shown above f 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. 1 DonEtta Beaty, Secretar f i I i i ; I I f i 1 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 Holly Road—Rodd Field Road to Ennis loslin Road (Type B)—18021A 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 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A 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 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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:Hbayltd.com Form of Business (check one) ❑ Corporation X Partnership ❑ Individual If a Corporation State of Incorporation TEXAS Date of Incorporation Chief Executive Officer's Name E.A. MARTIN President's Name K.J.LUHAN K.STONE DJ SMITH R. BLAIR Vice President's Name(s) D. CARLIN C.VANAMAN R. HAWS Secretary's Name DonEtta BEATY Treasurer's Name DIANE DeCou If a Partnership Date of Organization 11/29/1990 Form of Partnership: ❑ General E� 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 21500 Average estimate of revenue for the current year $500 MILLION Statement of Experience 004516-4 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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 12018 1 EMR 1 .72 1 Year 1 2017 1 EMR 1 .68 1 Year 12016 1 EMR .63 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 004516-5 Holly Road—Rodd Field Road to Ennis Joslin Road(Type B)—18021A Rev 10/2018 Table 2—Project Information Organization doing business as: 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 ROCKY EYLER JESUS WONG Superintendent Safety Manager RICK SHADLE DAVID CARLIN Quality Control RAN DAL MOFF Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price DIRT WORK, STORM WATER,WATERLINE AND PAVING BAY LTD. 98.28% 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 EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 0045 16-6 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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 Name �SARATOGA RECONSTRUCTION 5-LANE ROADWAY Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title KEN KAPER, P.E./PROJECT MANAGER Telephone (361) 826-3522 Email KENTP@CCTEXAS.COM Project Designer FREESE & NICHOLS Project Budget and Performance Original 35907.81 Final Contract #Contract # Days Contract Price $15,081,495.80 Price $16,4 , Days 540 CD Late Issues/Claims/ Litigation: Proiect Information Project ICCIA DISPLACEMENT EXTENSION RUNWAY Name Description DISPLACEMENT/ EXTENSION Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title ELLIOT NEPH, P.E. Telephone (972)542-2995 Email ENEPH@KSAENG.COM Project Designer KSA ENGINEERS, INC. Project Budget and Performance Original $12,841,419.06 Final Contract $15,631,021.36 #Contract #Days 365 CD Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project ALAMEDA ST.-LIPAN TO KINNEY FULL-DEPTH RECONSTRUCTION OF EXISTING TWO-LANE Name (BOND 2014) Description MIRROR COLLECTOR ROADWAY Reference Contact Information Project Owner CITY OF CORPUS CHRISTI Name/Title ANDY R.VISTOL, E.I.T. Telephone (361)882-2257 Email ARVIGSTOL@IAN-INOM Project Designer I LOCKWOOD,ANDREWS&NEWMAN,INC. Project Budget and Performance Original $1180 CD Final Contract #Contract # Days Contract Price $1,862,252.50 Price ,942,131.94 Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: BAY LTD. Project Information Project INTERNATIONAL DR. IMPROVEMENTS REHAB.OF INTERNATIONAL DR.ATTHE 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 JONES, P.E. Telephone (361) 887-8851 Email SJONES@UAENGEINEERING.COM Project Designer LJA ENGINEERING, INC. Project Budget and Performance Original $1,798,541.35 180 CD Final Contract #Contract # Days Contract Price $1,683,694.35 Price Days Late Issues/Claims/ Litigation: Proiect Information Project SOUTH STAPLES ST. FROM MORGANRECONSTRUCTION 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 $13,448,289.10 Final Contract $13,873,704.00 #Contract 730 CD # Days Contract Price Price Days 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 004516-8 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years--Not including City of Corpus Christi Projects Organization doing business as: BAY LTD. Project Information Project NUECES COUNTY-FM 43 Description CONSTRUCT ADDITIONAL TRAVEL LANES 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 $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.BENAVI DEZ@TXDOT.GOV Project Designer TxDOT Project Budget and Performance Original , Final Contract #Contract # Days Contract rice $9,233,815.50 Price $9,627,216.92 Days 345 WD Late Issues/Claims/ Litigation: Statement of Experience 004516-9 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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? LXYes ❑ No 3 Does the Bidder have an active construction safety training program? iMYes ❑ 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 Lx Yes ❑ No ❑ N/A B. Excavation N Yes ❑ No ❑ N/A C. Cranes& Hoists N Yes ❑ No ❑ N/A D. Electrical M Yes ❑ No ❑ N/A Statement of Experience 004516-10 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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 Dc 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 rX 5 ("NAICS") Category 23 for each of the past five (5)years? Provide the Bidder's OSHA 300 Yes ❑ No 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 ExYes ❑ 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 1X Yes ❑ No the issues in a separate attachment if yes. Statement of Experience 004516-11 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 Table 5- Demonstrated Minority, MBE, DBE Participation Organization doing business as BAY LTD. Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/ MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price HIGHWAY BARRICADES BARRICADES,STRIPING/BUTTONS .87% D&S TEXAS ICON SEEDING, ETC. 0.12% CONSTRUCTION RESOURCES RCP &CONC BOX .74% Statement of Experience 00 45 16-12 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A 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: +� r-••�: ,, M 1-2 (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 Holly Road—Rodd Field Road to Ennis Joslin Road (Type B)—18021A Rev 10/2018 i SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Bert),Operating Company, LLC, general partner of Berry Contracting,LP,dba Bay Ltd.held a special meeting this 11�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 thate th 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 i 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 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 knowledge that such parties will rely upon same until actual receipt of written notice of change,deletion,modification, or revocation of such authority. 4 Berry Operating Company LLC Special Meeting,February 1, 2017 Page 2 4 AppjDxgdd Correct: t award A. Mat in, President I Attest: i DonEtta Beaty, SecretIr i Certification 1, DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are s 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 I"day of February 2017,to which witness my hand. DonEtta Beaty, Secretar I i 1 i Ii I 1 i 1 1 t i• I f 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 HOLLY ROAD-RODD FIELD ROAD TO ENNIS JOSLIN ROAD(TYPE B) PROJECT NO. 18021A 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 17TH day of JULY 2019 BERRY CONTRACTING, LP DBA BAY LTD. c . (Principal) (Seal) (Witness) By: _ E--V,-r-a ' n M r (Title) CONTINENTAL CASUALTY COMPANY _ (Surety) (Seal) (Witness) By: le (Title) MARY EN MOORE, ATTY IN FACT U Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mary Ellen Moore,Steve Addkison,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October,2016. GASUq�l �NSUR4 �PANY 0A Continental Casualty Company National Fire Insurance Company of Hartford OORPORATe 0� cp, 00ORPOR41140 American Cas lty Company of Reading,Pennsylvania Z n JULY 31, Fs V SEAL `c ° 1902 a 1897 HARli b • Paul T.Bruflat Ar Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the 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 BEAL SOUTH DAKOTA 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 17TH day of 7ijLY 1 2019 r,ASu4�T tNSURq ANY OF Continental Casualty Company Kk �''o National Fire Insurance Company of Hartford OORP.RAnt �Q C? ,ppORPORgT�o American Casualty Company of Reading,Pennsylvania Z Y $�' JULY 31, , o� SEAL ` Is02 tea! t� • �✓ 1897 HAR D.Bult Assistant Secretary ; Form F6853-4/2012 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of 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 25h 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 25`h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,`Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type B) Report Created On:7/17/19 7:30:22 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE 18021AAddendum No. 1 07/17/2019 16:58:26 PM 18021AAddendum No. 2 07/17/2019 16:58:28 PM 18021AAddendum No. 3 07/17/2019 16:58:29 PM 18021AAddendum No.4 07/17/2019 16:58:29 PM 18021AAddendum 5 07/17/2019 16:58:30 PM 18021AAddendum 6 07/17/2019 16:58:31 PM 18021A Holly Road-Rodd Field Road to Ennis Joslin Road(Type 3) Report Created On:7/17/19 7:30:22 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs 18021 A Specifications 5/10/19 5:03:57 PM Plans 18021 A Plans 5/10/19 5:01:59 PM Addenda 18021AAddendum No. 1 5/20/198:02:01 AM Addenda 18021AAddendum No. 2 5/24/194:10:06 PM Addenda 18021AAddendum No. 3 6/7/19 1:44:46 PM Other 18021 A Bidders Worksheet 4/30/19 7:51:40 AM Bidders Pre Bid Attendance Roster 5/14/19 3:57:33 PM Addenda 18021 A Addendum No.4 6/11/19 4:07:08 PM Addenda 18021 A Addendum 5 7/15/19 9:15:14 AM Addenda 18021 A Addendum 6 7/15/19 9:58:59 AM SC 0 � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 27, 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: Holly Road—Rodd Field Road to Ennis Joslin Road (Type B) City Prosect No. 18021A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. (D. Scott Jones, P.E.) 801 Navigation, Suite 300 Corpus Christi, TX 78408 stones@lnvinc.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction 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 540 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 570 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223- 1 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General 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 $1,800 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 $ 8,345,032.20 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. Agreement 005223- 2 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 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. Invoices must comply with Article 17 of the General Conditions. 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. Agreement 005223-3 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 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. 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. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. 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. Agreement 005223-5 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI //�� Di9daly signed by Rebecca Huerta Digitally silted by Kim Baker �� / DN:cn=Rebecca Huerta,o=City of Corpus CM1nsti, I Baker DN:m=Kim Baker,i.—City3.of Corpus Christi,ou=Conirads and L\I` ou=Ci7 Secretary,mail=rebeccaM1@ccteus.com,c=US 1 Procurement Depart—e email=kimb2@cclexas.co m.-US Date:2019.09.1913:35:55-O 0W Date'.2019.09.1910'.53'.29-05'00' Rebecca Huerta Kim Baker City Secretary Director of Contracts and Procurement M2019-136 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 08/27/201 9 Digitally signed by Kent Mcllyar DN:—Kent Mcllyar,c.cu. Digitally signed by RH/AB email=kentmc@cctexas.ccm,-US R H/A B Date:2019.09.16 19.56:41-05.00• Date:2019.09.19 13:09:40-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, LP dba Bay Ltd signedJon Lentz (Seal Below) By: Jon Lentz Date:Digitally 019.09.09y14:05:37 05'00' Note: Attach copy of authorization to sign if Title: Estimating Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1414 Valero Way Financial Officer Address Corpus Christ, Texas 78409 City State Zip 361/693-2100 (main#) 361 -289-2304 Phone Fax lentzj@bayltd.com EMail END OF SECTION Agreement 005223-6 Holly Rd-Rodd Field to Ennis Joslin (Type B)—18021A Rev 8/2019 f. 00 6113 PERFORMANCE BOND BOND NO. 30046795 Contractor as Principal Name: Berry Contracting, LP dba Bay Ltd Mailing address (principal place of business): 1414 Valero Wav Corpus Christi, TX 78409 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18021A Holly Road — Rodd Field Road to Ennis Joslin Road (Type B) Award Date of the Contract: August 27, 2019 Contract Price: 58345,032.20 Bond Date of Bond: SEPTEMBER J.O. 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: 111 uvnts 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 18021A Holly Rd- Rodd Field to Ennis Joslin (Type B) 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 fu!l 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:CJS Surety Signature:G�� --1, 0-7-2-e...---7Name: �o n LCA Name: MAR/ ELLEN MOORE Title: LS 4-', ,,r, a #. /IN N\.3 r _ Title: ATTORNEY IN FACT Email Address: \ .e AVZ j&Dal N.- ck CO n- Email Address: memoore@ higginbotham.net (Attach Power of Attorney and place surety seal below) • END OF SECTION Performance Bond 18021A Holly Rd- Rodd Field to Ennis Joslin (Type B) 006113-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Hayles, Aaron J Endris, Tricia Balolong, Individually of Corpus Christi, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 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 10TH day of SEPTEMBER , 2019 . Form F6853-4/2012 Cpntijental Casualty Company cr Nkfitnialf.F$$'Insurance Company of Hartford American Casualty,Company of Reading, Pennsylvania %'-D: 'Butt -' 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 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." 1 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. 30046795 Contractor as Principal Name: Berry Contracting, LP dba Bay Ltd Mailing address (principal place of business): 1414 Valero Wav Corpus Christi, TX 78409 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18021A Holly Road — Rodd Field Road to Ennis Joslin Road (Type B) Award Date of the Contract: August 27, 2019 Contract Price: $8,345,032.20 Bond Date of Bond: SEPTEMBER 10, 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: CONTINENTAL CASUALTY COMPANY Mailing address (principal place of business): 5151 SAN FELIPE, SUITE 1200 HOUSTON, TEXAS 77056 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: ILLINOIS By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 713-513-6301 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: HIGGINBOTHAM INSURANCE AGENCY Address: 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore @higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form 18021A Holly Rd- Rodd Field to Ennis Joslin (Type B) 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. Contrac as Principal Signature: Surety Signature: _ / p y_ Name: 70 n L..tin A. z. Name: MAR . LEN MOORE Title: L.5 V:. M d\..', n M 4r Title: ATTORNEY IN FACT Email Address: `¢ n rZJ (?41 \ . ,Com Email Address: memooreC�higginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 18021A Holly Rd- Rodd Field to Ennis Joslin (Type B) 006116-2 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AB Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mary Ellen Moore, Steve Addkison, Cathleen Hayles, Aaron J Endris, Tricia Balolong, Individually of Corpus Christi, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of October, 2016. Continental Casualty Company National Fire Insurance Company of Hartford American Cass 1ty Company of Reading, Pennsylvania Paul T. Bruflat # Vice President State of South Dakota, County of Minnehaha, ss: On this 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 10TH day of SEPTEMBER , 2019 . Form F6853-4/2012 Contipental Casualty Company Nifibiial!Fjre Insurance Company of Hartford American Casualty,Company of Reading, Pennsylvania • 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 lice nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, `Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF 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 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." 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 Hamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company's para informacion o para someter una queja al: 1-877-672-6115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company de Hartford, American Casualty Company de Reading, PA y Continental Insurance Company: CNA Surety, Surety Claims 151 North Franklin, 17th Floor Chicago, IL 606 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 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. ACOR1® CERTIFICATE OF LIABILITY INSURANCE `..----- DATE(MM/DD/YYYY) 9/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. PO Box 870 Corpus Christi TX 78403 CONTACT Diann Eisenhauer PHONE FAX (A/C. No, Ext): 361-561-4276 (A/C. No): 361-844-0101 ADDRIEss: deisenhauer@higginbotham.net INSURERS) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED BERRY13 Berry Contracting, LP dba Bay, Ltd.; Berry GP, Inc. dba Berry Contracting, Inc.; Berry Heavy Haul & Rigging PO Box 4858 Corpus Christi TX 78469-4858 INSURER B : Westchester Fire Insurance Company 10030 INSURER C : ACE Property & Casualty Insurance Co 20699 INSURER D : Indian Harbor Insurance Company 36940 INSURER E : $ 100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 1725267467 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AINSDL SWVDR POLICY NUMBER (MlMIDPIYYYYI (MMIDDY P 1 UMITS A X COMMERCIAL GENERAL UABIUTY HDOG71564800 5/20/2019 5/20/2020 EACH OCCURRENCE S 2,000,000 AMAGE TOX PREM SES (EaENTED occurrence) $ 100,000 CLAIMS -MADE n OCCUR MED EXP (Any one person) S 10,000 CG0001 04/13 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE $10,000,000' GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JE a X PER: LOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ A AUTOMOBILE X - X X LIABIUTY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY MCS -90 - X _ X SCHEDULED AUTOS NON.OWNED AUTOS ONLY CA000110/13 ISAH25295158 5/20/2019 5/20/2020 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000, BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S B B X X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE G24021439012 G28119641004 G71524334001 5/20/2019 5/20/2019 5/20/2019 5/20/2020 5/20/2020 5/20/2020 EACH OCCURRENCE 540,000,000 . AGGREGATE 5 40,000,000 DED X RETENTION S lgnnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory to NH) If yes, describe under DESCRIPTION OF OPERATIONS below y / N N ! A WLRC65891761 5/20/2019 5/20/2020 X PEATl1TE ETH - E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT S 2,000,000 D Contractors Pollution CE0744668702 5/20/2019 5/20/2020 Pollution Condition Pollution Aggregate $25,000,000 $25,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) See Attached... CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD City of Corpus Christi Contracts and Procurement 1201 Leopard St. -City Hall, First Floor P. 0. Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ► II WI IV -11,Aar1 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD ACORD AGENCY CUSTOMER ID: BERRY13 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Berry Contracting, LP dba Bay, Ltd.; Berry GP, Inc. dba Berry Contracting, Inc.; Berry Heavy Haul & Rigging PO Box 4858 Corpus Christi TX 78469-4858 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• CERTIFICATE OF LIABILITY INSURANCE GENERAL LIABILITY INCLUDES: ISO Commercial General Liability Occurrence — CG0001 04/13 (Contractual Liability, Broad Form Property Damage; Explosion, Collapse and Underground Hazard; Blowout and Cratering; Separation of Insureds as provided by ISO CGL Form CG0001 04/13); Employers Liability exclusion does not apply to liability assumed in an Insured Contract per CGL Form CG0001 04/13; Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement with You — CG2034 04/13; Additional Insured -Owners, Lessees or Contractors -On Going Operations — CG2010 10/01 and Additional Insured -Owners, Lessees or Contractors — Completed Operations — CG2037 10/01 — Any Owner, Lessee or Contractor, and any other person or organization whom you have agreed to include as an additional insured under written contract, provided such contract was executed prior to the date of loss; Non Contributory Endorsement for Additional Insureds — LD20287 06/06 — Any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required under written contract executed prior to loss; Waiver of Transfer of Rights of Recovery Against Others — CG2404 05/09 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; Construction Project(s) General Aggregate Limit — LD21732 01/07 - 55,000,000 per Project and Designated Location(s) Aggregate Limit — LD20039 09/10 — All Locations $5,000,000 Limit; Contractual Liability Railroads — CG2417 10/01 — Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by written contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative — ALL32686 01/11 AUTOMOBILE LIABILITY INCLUDES: ISO Business Auto — CA0001 10/13 Additional Insured -Designated Persons or Organizations — DA9U74C 03/16 — Any person or organization whom you have agreed to include as an additional insured under a written contract executed prior to loss; Non -Contributory for Additional Insureds — DA21886b 06/14 — Any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required by written contract executed prior to loss; Coverage for Certain Operations in Connections with Railroads — CA2070 10/13 — Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; Motor Carrier Endorsement — MCS90 01/17 — Primary 52,000,000; Pollution Liability Broadened Coverage for Covered Autos — CA9948 10/13; Waiver of Transfer of Rights of Recovery Against Others — DA13115a 06/14 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by written contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative — ALL32686 01/11 WORKERS COMPENSATION INCLUDES: NCCI WC000000C 01/15 Alternate Employer — WC000301A 02/89 and WC000301 04/84 — If any — Any state shown in Item 3A of the Information Page (does not apply to any employee lease contract/arrangement); Longshore and Harbor Workers Compensation Act — WC000106A 04/92; Maritime Coverage — WC000201 B 01/15 — If any, TWM&C Included - 52,000,000 Limit of Liability; Outer Continental Shelf Lands Act — WC000109C 01/15; Stop -Gap Employers Liability — WC990303C 04/92 - 52,000,000 Limit; Voluntary Compensation — Foreign — WC990302D 01/15 — Any US Employee while temporarily outside the US or Canada; Voluntary Compensation — Maritime — WC000203 04/84 — Employees Masters and Members of Crew of Vessel you have contracted to perform work on; Voluntary Compensation and Employers Liability -AOS — WC000311A 08/91 — Any employee exempt from the Workers Compensation Law; Waiver of Transfer of Right to Recover from Others — WC000313 11/05 and Texas WC420304b 06/14 — Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non -Payment of Premium when required by written contract — Notice to Others Endorsement -Schedule -Notice by Insured's Representative — WC990369 01/11 UMBRELLA -EXCESS LIABILITY POLICIES — follow form additional insured, waiver, primary non-contributory, contractual on Commercial General Liability, Automobile Liability and Employers Liability CONTRACTORS POLLUTION INCLUDES: PNCE Plus Form KLD 051 01/13 Insured means the Client but only if you are required to include the Client as an additional insured in a written contract in effect during the policy period and signed by you prior to the first commencement of the Pollution Condition and with respect to the Client's vicarious liability resulting from your Contracting Activity. Insured means all persons or organizations, other than a Client, as required by written contract executed by the Named Insured, but only for a Pollution Condition caused by your Contracting Activity and the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition. Company waives right of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients, if prior to the Pollution Claim, a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. Project: 18021A Holly Road - Rodd Field Rd to Ennis Joslin Rd (Type B) - Bay Job #51-0951 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Hno 671564800 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 10 10 01 05/20/2019 - 05/20/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any owner, Lessee or Contractor, and any other person or organization whom you have agreed to included as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location: All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11— Who Is An Insured Is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: IMO G71564800 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 37 10 01 05/20/2019 - 05/20/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor, and any other person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location And Description of Completed Operations: All locations where you are performing operations for such additional insured pursuant to any such written contract. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and Included in the "products -completed operations haz- ard". CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 Berry GP Inc; Berry Contracting LP dba Bay Ltd and Subsidiaries 05/20/2019 to 05/20/2020 POLICY NUMBER: HDO G71564800 Endorsement Number. COMMERCIAL GENERAL LIABILITY CG 20 32 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Engineers, Architects Or Surveyors Not Engaged By The Named Insured: City of Corpus Christi information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to include as an additional insured the architects, engineers or surveyors shown In the Schedule, but only with respect to liability for °bodily injury", "property damage" or "personal and advertising injury° caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional Insured to your policy. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, Including: 1. The preparing, approving, or failing to prepare or approve, maps, •drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. . CG 20 32 0413 © Insurance Services Office, inc., 2012 Page 1 of 2 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Berry GP, Inc. Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol LIDO Policy Number G71564800 Polley Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement 05/20/2019 Issued By (Name of Insurance Company) ACE American Insurance Company serf the poftcy number. The remainder of the Information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule, Organization Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss Additional Insured Endorsement (If no Information is tilled In, the schedule shall read: °All persons or entitles added as additional Insureds through an endorsement with the term "Additional Insured° In the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the °Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. LD -20287 (06106) Authorized Agent Page 1 of 1 POLICY NUMBER: lino G71564800 COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd; and subsidiaries CG 24 04 05 09 05/20/2019 - 05/20/2020 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 O NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSUREDS REPRESENTATIVE Named Insured Berry GP, Inc,; Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol HDO Policy Number G71564800 Policy Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement 05/20/2019 Issued By (Name of insurance Company) ACE American Insurance Company . Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy, THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule In the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any .Policy cancellation date and will not negate any cancellation of the Policy. C, We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect Information that you or your representative may use. D, We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL -32686 (01/11) Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named insured Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol ISA Policy Number H25295158 Policy Period 05/20/19t0 05/20/2020 Effective Date of Endorsement 05/20/2019 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the Information Is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "Insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily Injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. e Authorized Represent DA-9U74c (03116) Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Berry GP, Inc. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol ISA Policy Number H25295158 Policy Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement 05/20/2019 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the In/ormatlon is to be completed only when this endorsement Is issued subsequent to the preparatlan or the poacy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. Additional Insured Endorsement (!f no Information Ts filled In, the schedule shall read: °All persons or entitles added as additional Insureds through an endorsement with the term "Additional Insured" In the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following Is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative DA 21886b (06/14) Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Berry GP, Inc. t Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol ISA Policy Number H25295158 Policy Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement 05/20/2029 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the tnformatton is to be completed onlywhen this endorsement is Issued eubeequent to the preparation of the pottcy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery In a written contract, provided such contract was executed prior to the date of loss. DA -13115a (08/14) Authorized Representative Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, inc.; Berry Contracting LP dba Bay Ltd and Subsidiaries I Endorsement Number Policy Symbol Policy Number ISA H25295158 Policy Period Effective Date of Endorsement 05/20/2019 to 05/20/2020 05/20/2019 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information Is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. if we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy, B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named In the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown In the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy, C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use, D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us In providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply In the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL -32686 (01111) Page 1 of 1 Workers' Compensation and Employers' LlablIlty Poiic Named Insured BERRY GP, INC. ; Berry Contracting LP dba Bay Ltd P.O. BOX 4858 and Subsidiaries CORPUS CHRISTI TX 784694858 Endorsement Number Policy Number Symbol: WLR Number: C65891761 Poll Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement .05/20/2019 Issued By (Name of insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule. The policy applies to that work as though that state were listed in Item 3.A. of the Information Page. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workmen's compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Schedule Longshore and Harbor Workers' State Compensation Act Coverage Percentage KANSAS 1.540 LOUISIANA 2.060 MONTANA 2.240 OKLAHOMA 1.950 TEXAS 1.610 The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshore and Harbor Workers' Compensation Act. If this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non -F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. Authorized Agent CKE-31411a (4192) Ptd. In U.S.A. Copyright 1983, 1991, National Council on Compensation Insurance. WC 00 01 06A Workers' Compensation and Employers' Liability Polio Named Insured BERRY GP, INC.: Berry Contracting LP dba Bay Ltd P.O. BOX 4858 and Subsidiaries CORPUS CHRISTI TX 784694858 - Endorsement Number Policy Number Symbol: WLR Number:. C65891761 Polley Period 05/20/2019 to 05/20/2020 Effective Date of Endorsement 1 05/20/2019 Issued By (Name of insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the Information is to be completed only when this endorsement is Issued subsequent to the preparation of the post rc___ TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll In connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included Authorized Representative WC 42 03 04B (06/14) 0 Copyright 2014 National Council on Compensation insurance, Inc. All Rights Reserved. s' Compensation and Employers' Liability Pollc Named Insured BERRY GP, INC. ;Berry Contracting, LP dba Bay Ltd P.O, BOX 4858 CORPUS CHRISTI TX 7B4694858 Endorsement Number and Subsidiaries Policy Number Symbol: WLR Number: C.65891761 Policy Period )5/2a/2019T0 05/20/2020 Effect(ve Date of Endorsement 05/20/2019 Issued By (Nemo of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the Information is to be completed only whon tide endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. 1f we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out In this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule') by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and In accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organizations) named In the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Tho failure to provide advance notification of canceilatlon to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any canceilatlon of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect Information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will In tum send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us In providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. 'All other terms and conditions of this Policy remain unchanged. Authorized Representative WC 99 03 69 (01111) Page i