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C2007-084 - 3/27/2007 - Approved
Airline Use and Lease Agreement For Corpus Christi International Airport 2007 -084 03/27/07 Ord027196 Continental Airlines BY AND BETWEEN THE CITY OF CORPUS CHRISTI Mme CONTINENTAL AIRLINES, INC. TABLE OF CONTENTS Article Title Page 1, DEFINITIONS 2 2. EFFECTIVE DATE 7 2.01 Effective Date 7 2.02 Cancellation of Prior Agreements 8 3. TERM 8 4. PREMISES 8 4.01 AIRLINE's Leased Premises 8 4.02 Employee Parking 8 4.03 Federal Inspection Services 8 5. USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 9 5.01 AIRLINE Rights and Privileges 9 5.02 Exclusions and Reservations 12 5.03 CITY's Operation and Maintenance Obligations 16 5.04 AIRLINE `s Operation and Maintenance Obligations 16 5.05 Designation of Operation and Maintenance Responsibilites 18 6. CAPITAL IMPROVEMENTS 18 6.01 General 18 6.02 Capital Improvements Not Subject to Review 19 6.03 Capital Improvements Subject to Review 20 6.04 Grants -In -Aid 20 7. RENTALS, FEES, AND CHARGES 20 7.01 Landing Fees 21 7.02 Terminal Rentals 21 7.03 Apron Fees 21 7.04 Common Use Charges 21 7.05 Other Fees and Charges 21 7.06 Payments 23 7.07 Information to be Supplied by AIRLINE 24 7.08 Security for Payment 25 7.09 Passenger Facility Charge 26 7.10 Capitalized Interest on Bonds 27 7.11 Continuation of Rent 27 7.12 No Further Charges 27 Article Title Paae 7.13 Charges for Service 27 8. CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 28 8.01 Annual Rate Changes 28 8.02 Other Rate Changes 29 8.03 Incorporation of Exhibit "G" 29 8.04 Settlement 29 8.05 CITY Covenants 30 9. AIRLINE IMPROVEMENTS 30 9.01 AIRLINE Improvements 30 10. DAMAGE OR DESTRUCTION 31 10.01 Partial Damage 31 10.02 Substantial Damage 32 10.03 Destruction 32 10.04 Damage Caused by AIRLINE 33 10.05 CITY's Responsibilities 33 11. INDEMNIFICATION AND INSURANCE 33 11.01 Indemnification 33 11.02 Insurance 34 11.03 Waiver of Subrogation 35 12 CANCELLATION BY CITY 35 12.01 Events of Default 35 12.02 Continuing Responsibilities of AIRLINE 37 12.03 CITY's Remedies 37 13.CANCELLATION BY AIRLINE 38 13.01 Events of Default 38 13.02 AIRLINE's Remedy 39 13.03 AIRLINE Cancellation 39 14. SURRENDER OF AIRLINE PREMISES 39 14.01 Surrender and Delivery 39 14.02 Removal of Property 39 14.03 Holding Over 40 15. ASSIGNMENT AND SUBLETTING AGREEMENTS 40 15.01 Assignment and Subletting by AIRLINE 40 16.AVAILABILITY OF ADEQUATE FACILITIES 41 Article Title 16.01 Declaration of Intent 16.02 Accommodation of Requesting Airlines 16.03 Accommodation of Exclusive Use Premises 17 GOVERNMENT INCLUSION 17.01 Government Agreements 17.02 Federal Government's Emergency Clause 17.03 Nondiscrimination 17.04 Security 18. GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance 18.02 Non - waiver 18.03 Rights Non - Exclusive 18.04 Quiet Enjoyment 18.05 Performance 18.06 Aviation Rights 18.07 Rules and Regulations 18.08 Inspection 18.09 No Individual Liability 18.10 Relationship of Parties 18.11 Capacity to Execute 18.12 Savings 18.13 Successors and Assigns Bound 18.14 Incorporation of Exhibits 18.15 Titles 18.16 Severability 18.17 Amendments 18A8 Most Favored Nations 18.19 Other Agreements 18.20 Approvals 1811 Notice 18.22 Agent for Service 18.23 Governing Law 18.24 Force Majeure 18.25 Entire Agreement Page 41 42 43 44 44 45 45 46 46 46 47 47 47 48 48 48 48 49 49 49 49 49 49 49 49 49 50 50 50 50 51 51 51 51 Exhibit A B C D E F G LIST OF EXHIBITS Title Airport Boundaries AIRLINE'S Leased Premises Terminal Layout Designation of Responsibilities for Operation and Maintenance Monthly Statistical Report Terminal Equipment Rates and Charges Model Page 53 54 63 65 66 67 68 THIS AGREEMENT is made and entered into this ,, day of 2007, by and between the City of Corpus Christi, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and CONTINENTAL AIRLINES, INC., a corporation organized and existing under the laws of the State of Delaware and authorized to do business in the State of Texas, hereinafter referred to as "AIRLINE." WITNESSETH: WHEREAS, CITY is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport.`; WHEREAS, CITY is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, CITY has the right to lease and license the use of property and facilities on the Airport and has fufl power and authority to enter into this Agreement in respect thereof; and WHEREAS, AIRLINE is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and /or cargo: and WHEREAS, AIRLINE desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and CITY is willing to grant and lease the same to AIRLINE upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by CITY and the use and occupancy of Airport by AIRLINE, and this Agreement is responsive to and in accordance with that intent; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, CITY and AIRLINE do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Acseement shall mean this Airline Use and Lease Agreement between CITY and AIRLINE, as the same may be amended or supplemented from time to time pursuant to the terms hereof. Air TranMgrtation Company shall mean a company engaged in the business of scheduled or non -- scheduled commercial transportation by air of persons, property, mail, and /or cargo. Air. Tranwortation Business shall mean that business operated by AIRLINE at the Airport for the commercial transportation by air of persons, property, mail and /or cargo. Aircraft Parking Aprons shall mean those parts of the Ramp Area immediately adjacent to the Terminal that are used for the parking of aircraft and support vehicles, and the loading and unloading of aircraft as shown on Exhibit B. Ai Id shall mean the Landing Area and Ramp Area. AIRLINE shall mean the Scheduled Air Carrier executing this Agreement. Airtne shall mean all Scheduled Air Carriers executing this Agreement or a substantially similar agreement. Airport shall mean the Corpus Christi International Airport owned and operated by the CITY, the boundaries of which are more particularly shown on Exhibit "A," attached hereto, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by CITY, less any thereof which may be consumed, sold or otherwise disposed of. Airsort/Airtine Affairs Committee (AAAC) shall mean collectively the authorized representatives of each Signatory Airline which shall meet from time to time with representatives of the Airport to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. 2 Airport Fund shall mean the Airport Operating Fund 4610 for the deposit of all Revenues and payment of all O &M Expenses and Debt Service expenditures allocated to this fund. Airport Reauirement means, for any Fiscal Year, the CITY's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by other funds; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the net amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any CITY -owned or operated Airport- related facility payable by the CITY during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; and (5) any and all other sums, amounts, charges, or requirements of CITY related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under CITY's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1) through (5) chargeable to a special facility or a tenant improvement. Annual Caflital Outlay means the Net Capital Cost of an improvement constructed or asset purchased or acquired from the CITY's Aviation Capital Reserve Fund and designated by CITY as an Annual Capital Outlay for any Fiscal Year, Aviption Capital Reserve Fund shall mean a reserve fund held by the CITY for the payment of Annual Capital Outlays and Capital Improvements for the Airport. Ayption System shall mean all real property and easements, including improvements thereto, structures, buildings, fixtures, and other tangible personal property which are located on the Airport as of the Effective Date of this Agreement or which may be hereafter owned or operated by the CITY for the operation or improvement of the Airport. EW shall mean Baggage Information Display System. Bolds shell mean any bonds or other financing instrument or obligation of the CITY, issued for the purposes *f improving the Aviation System. 3 Cavital Improvement shall mean the Net Capital Cost to acquire, purchase or construct a single capital item or project from the CITY's Aviation Capital Reserve Fund for the purpose(s) of improving, maintaining, or developing the Aviation System including expenses for development, study, analysis, review or planning efforts with a cost more than $100,000 Cargo Area shall mean those areas of the Airport that are used primarily for commercial air cargo. Common Use Premises shall mean the Baggage Claim Area as shown on Exhibit B, attached, hereto, which all Airlines use and share in the cost for usage. Common Use Charges Formula means that formula which prorates twenty percent (20 %) of the cost or expense of Common Use Premises or a common service provided to the Signatory Airlines equally among all applicable Airlines, and eighty percent (80 %) of the cost or expense among such Airlines based on each Airline's proportionate share of enplanements Co,t Centers shall mean those areas or functional activities of the Aviation System as set forth in Exhibit "G" attached hereto, grouped together for the purposes of accounting for Revenues, O &M Expenses, and Capital Charges. Q& Sgryipe shall mean that portion of the Principal and Interest due on debt obligations created by the Masten Bond Ordinance No 024163 and all other Airport debt obligations. Deelaned Passenger shall mean any passenger disembarking at the Terminal, including any such passenger that shall subsequently board another aircraft or flight of the same or a different Air Transportation Company. Di ctor shall mean the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized in writing by CITY or by the Director or applicable law to act for the Director wkh respect to any or all matters pertaining to this Agreement. En,Qlaned Passenger shall mean any passenger boarding an Air Transportation Company aircraft at the Airport, intruding any such passenger that previously disembarked from any other aircraft of the same or a different Air Transportation Company or from the same aircraft, then operating under a different flight number. ExSlusive Use Premises shall mean those areas assigned exclusively to AIRLINE for its use, as shown on H Exhibit "B ", attached hereto. FAA shall mean the Federal Aviation Administration, or its authorized successor(s). Fiscal Year shall mean the annual accounting period of CITY for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of August of any year. Lauding Area shall mean those portions of the Airport provided for the landing, taking off and taxiing of aircraft, including without limitation, approach and turning zones, navigation or other easements, runways, taxiways, runway and taxiway lights, and other appurtenances in connection therewith. Leered Premises shall mean collectively, AIRLINE's Exclusive Use Premises, Preferential Use Premises, Common Use Premises, and Joint Use Premises (in the event such premises are created in the future and shown on a revised Exhibit °B ") as shown on Exhibit °B" attached hereto. Maximum Gross Landed Weight shall mean the maximum certificated gross landing weight, as stated in AIRLINE'sflight operations manual, at which each aircraft operated at the Airport by AIRLINE is certificated by the FAA. MUFIDS shall mean Multi -User Flight Information Display System. Ne1Capitl Cost means the aggregate cost of any Annual Capital Outlay or Capital Improvement less amounts used from the proceeds of: (i) Grants- in- Aid;(ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) Other financing by CITY for which the Debt Service will not be paid from Rentals, Fees, and Charges. Ngg- Sigratory Airline shall mean any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement Operating Reserve Fund shall mean Airport Operating Reserve Fund 4612 for the deposit of funds necessary to satisfy the Operating Reserve Requirement pursuant to the Master Bond Ordinance No. 024163. Operating Reserve Fund Requirement shall mean for the current Fiscal Year, one -sixth (1/6) of the estimated total O&M Expenses for the current Fiscal Year as set forth in the Current Annual Budget, as 5 defined in the Master Bond Ordinance No. 024163. Oparation and Maintenance Expenses (sometimes abbreviated as "O &M Expenses ") means, for any Fiscal Year, the costs incurred by the CITY in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar.. which under generally accepted accounting principles, are property chargeable as expenses to the Airport, including expenses allocated to the Airport by CITY in accordance with practices and procedures of the CITY in accordance with the adopted budget, as may be revised by the CITY, and taxes payable oy CITY which may be lawfully imposed upon the Airport by entities other than the CITY Prallierential Use Premises shall mean those portions of the Terminal and Ramp Area assigned to AIRLINE, as shown on Exhibits 'B" and °D ", attached hereto, to which AIRLINE shall have priority over all other users, subject to the provisions of Article 16. Ramp Area shall mean the aircraft parking and maneuvering areas adjacent to the Terminal, and shall include within its boundaries all Aircraft Parking Aprons as shown on Exhibit "B ". Rentals, Fees, and Charges means the Rentals, Fees, and Charges payable by AIRLINE pursuant to Article 7. Revenue Landing shall mean any aircraft landing by AIRLINE at the Airport for which AIRLINE makes a charge or for which revenue is derived for the transportation by air of persons, property or mail, but Revenue Landings shall not include AIRLINE training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency of precaution. Revenues shall mean income accrued by the CITY in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Aviation System or any part thereof, or the leasing or use thereof but specifically excluding : (a) nonoperating income (or receipts) from the sale of assets or insurance claims, (b) federal, state or local grants -in -aid or reimbursements, (c) PFCs, (d) one -time bonus payments from lessors. Sgkedule%i Air Carrier shall mean any Air Transportation Company performing or desiring to perform, pursuant to published schedules, non - seasonal commercial air transportation services over specified routes to and from the Airport and holding the necessary authority from the appropriate Federal or state agencies to provide such transportation. Sicl atory Airline shall mean an Air Transportation Company that (1) executed this Agreement, or a substantially similar agreement or (2) is a code- sharing partner of an Air Transportation Company that has executed this Agreement, or a substantially similar agreement, and both Air Transportation Companies appear to operate as a single entity at the Airport The Signatory Airline executing the Agreement will be responsible for causing any settlements due to Airport for its code sharing partner to be paid and will settle on behalf of its code- sharing partner Substantial Completion shall mean the date on which the CITY's architects and /or engineers certify any premises at the Airport to be available for beneficial occupancy. Tertn shalt mean the period of time during which AIRLINE activities at the Airport shall be governed by this Agreement, except as otherwise set forth herein. Said Term shall begin on the Effective Date and, except as otherwise set forth herein. terminate on the date set forth in Article 3 or as otherwise provided herein. Terininal shall mean the airline passenger terminal building owned and operated by CITY at the Airport, as shown on Exhibit "C °. attached hereto. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. ARTICLE 2: EFFECTIVE DATE 2.09 Effective Date. The Effective Date of this Agreement, subject to City Council approval and execution of the Agreement, is April 1, 2007. 2.02 Cancellation of Prior Agreements. On the Effective Date, all existing Airport Use Lease Agreements between AIRLINE and CITY shall terminate. 7 111W ,._� — _ , .. - . — . _.__ ____ _ - __ ......._ ___.,,.. .._ ._., ..._ - -- .._.,,s ARTICLE 3: TERM This Agreement shall begin on the Effective Date set forth in Article 2 and shall terminate at midnight on July 31, 2008 or at the end of the CITY's Fiscal Year ending in 2008, whichever is later, subject to earlier termination as herein provided ARTICLE 4: PREMISES 4.01 AIRLINE's Leased Premises. A. CITY does hereby lease and demise to AIRLINE, and AIRLINE does hereby lease and accept from CITY, Exclusive Use Premises, Preferential Use Premises, Common Use Premises, and Joint Use Premises (in the event such premises are created in the future and shown on a revised Exhibit "B ") as set forth in Exhibit "B ". B. Any changes to AIRLINE's Exclusive Use Premises, made after approval and submission of "as- built" drawings, shall be evidenced by an amendment to this Agreement pursuant to Section 18.17. C in the event that changes to Exhibit "B" are made to reflect changes in the leased premises of others, or to reflect other space changes not inconsistent with the provisions of this Agreement, then in such event said revised exhibits may be substituted herein without the necessity for amendment of this Agreement. D. Included in AIRLINE's Leased Premises is Terminal Equipment as set forth in Exhibit "F," attached hereto and made a part hereof Terminal Equipment owned or acquired by CITY for use by AIRLINE in AIRLINE's Leased Premises shall remain the property, and under the control, of CITY. 4.02 Employee Parking. CITY will make available area(s) at the Airport, in reasonable proximity to the terminal building, vehicular parking for personnel of AIRLINE employed at the Terminal, in conjunction with other Airport employees: provided, however, such area(s) shall not be used for the storage of vehicles or trailers 4.03 Federal Inspection Services. CITY may designate areas in the Terminal, or elsewhere on the Airport, to be used by agencies of the United States Government for the inspection of passengers and their 8 baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. Such areas shall not be considered a part of the AIRLINE's Leased Premises. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 AIRLINE Rights and Privileges. Subject to the terms of this Agreement, AIRLINE shall have the right to conduct AIRLINE's Air Transportation Business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by CITY, the extended parking, servicing, loading or unloading, storage or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01 .F, 5.01 .G, and 5.02.C, to the availability of space, and to such reasonable charges and regulations as CITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the load bearing design strength or capability of the Airfield as described in the then - current FAA- approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then- current ALP, including the then - current Airport Certification Manual. B The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The CITY reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of AlRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, AIRLINE shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) an Air Transportation Company which is a wholly owned subsidiary or code sharing partner of AIRLINE or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport E except from AIRLINE. AIRLINE may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E The purchase at the Airport or elsewhere. of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Paragraph 5.01 .D and to the CITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from CITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by CITY. No discriminatory limitations or restrictions shall be imposed by CITY that interfere with such purchases; provided, however.. nothing hereon shall be construed to permit AIRLINE to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and CITY. F The servicing by AIRLINE or its suppliers, of aircraft and other equipment being utilized at the Airport by AIRLINE on AIRLINE's preferentially leased Aircraft Parking Aprons or such other locations as may be designated by the Director. G The loading and unloading of persons, property, cargo and mail by motor vehicles or other means of conveyance approved by CITY on AIRLINE's preferentially leased Aircraft Parking Aprons or such other locations as may be designated by the Director and in compliance with the CITY's approved Airport Certification Manual. H The provision, either alone or in conjunction with other Scheduled Air Carriers or through a nominee, of porter /skycap services and security services for the convenience of the public and passenger as allowed by 49 CFR Part 1544 L The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Use and Preferential Use Premises shall be subject to the priorwritten approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters and ticket lift counters in hold rooms and on CITY's loading bridges, if any, identification and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities. ,i The installation, maintenance and operation, at no cost to CITY, of such radio communication, 10 computer, meteorological and aerial navigation equipment and facilities on AIRLINE' s Exclusive Use Premises as may be necessary for the operation of its Air Transportation Business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director. CITY shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of AIRLINE's Exclusive Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. CITY may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by CITY, other tenants, or governmental agencies. K Such rights of way as may reasonably be required by AIRLINE for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not exclusively leased by AIRLINE, subject to the availability of space and /or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays. Communication cable and internal electrical wires are the responsibility of the AIRLINE from the demarcation point and electrical wiring is the responsibility of the AIRLINE from the metered source. L AIRLINE shall provide electronic flight arrival and departure information through CITY- installed MUFID and BID systems or by any other method to which AIRLINE and CITY agree. M. AIRLINE shall have the right to use, in common with others so authorized, the public address system serving the Terminal Building. AIRLINE shall not install, cause to be installed, or use any other public address system at the Terminal Building without the prior approval of CITY. N The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self- ticketing machines in AIRLINE's Exclusive Use Premises and Preferential Use Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. 0 ingress to and egress from the Airport and AIRLINE's Leased Premises for AIRLINE's officers, employees, agents and invitees including passengers, suppliers of materials, furnishers of services, aircraft. equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the CITY's right to establish rules and regulations governing (i) the general public, including AIRLINE's passengers, and, (ii) access to non - public areas at the Airport by AIRLINE's employees, suppliers of materials and furnisher of services; provided, however, any such rules and regulations of the CITY shall not unreasonably interfere with the operation of 11 AIRLINE's Air Transportation Business, Further, CITY reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and if necessary , CITY 7hall ensure the availability of a reasonably equivalent means of ingress and egress. CITY will consult with AIRLINE prior to any such closing which would adversely affect AIRLINE's operations at the Airport .finless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. AIRLINE hereby releases and discharges CITY, its successors and assigns, from any and all claims, demands or causes of action which AIRLINE may have arisen from the fact that such areas have been closed. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines, code share partners, or contractors authorized by CITY to provide such services at the Airport, subject to the prior written approval of CITY and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. C AIRLINE may exercise on behalf of AIRLINE's wholly owned subsidiaries, code share partners or a carrier to which the CITY has an Airline Use and Lease Agreement that is: (1) it's parent (2) a sister corporation through common ownership by it's parent (3) a wholly owned or majority owned subsidiary; or {4) any Airline operating service to /from the Airport under a code sharing arrangement or operating arrangement any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Articles 7, 15 and 16 and other provisions of this Agreement with respect to CITY rules and regulations. 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing AIRLINE to conduct any business separate and apart from the conduct of its Air Transportation Business at the Terminal. AIRLINE shall not use or permit the use of any portion of AIRLINE's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, product, services, or advertising that directly competes with an authorized Airport concession except for vending machines in the Airline's Exclusive Use Premises not accessible to public and (ii) nothing contained herein is intended to or shall be construed to authorize or permit the AIRLINE to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the CITY of concession fees. OVA B AIRLINE shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water communications fire protection utility, electrical, or other systems installed or located from time to time at the Airpor; and AIRLINE shall not engage in any activity prohibited by any future approved 14 CFR Part 150 prograrr, , or existing Noise Abatement Procedures or as such may be amended from time to time. C As soon as possible after release from proper authorities, AIRLINE shall remove any of its disabled aircraft from the Landing Area and Ramp Area, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, AIRLINE shall be requested to remove such disabled aircraft from AIRLINE' s preferentially leased Aircraft Parking Apron(s) only if deemed necessary in accordance with Article 16. in the event AIRLINE shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give AIRLINE prior notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. AIRLINE shall pay to CITY, upon receipt of invoice, the costs incurred for such removal. D. AIRLINE shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such AIRLINE act, or failure to act, shall cause cancellation of any policy, then AIRLINE shall immediately upon notification by CITY, do whatever shall be necessary to cause reinstatement of said insurance Furthermore, if AIRLINE shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the CITY's insurance premium for the Airport AIRLINE shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from CITY to do so and after a sixty (60) day period for AIRLINE to contest the increase. E. CITY may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Preferential Use or Common Use Premises; provided, however, that such installations shall not unreasonably interfere with AIRLINE' s operations authorized hereunder or substantially diminish the square footage contained in Airline Preferential Use or Common Use Premises. CITY may also, at its sole option, install pay telephones, facsimile machines, or other self - service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use 13 Premises shall be with AIRLINE s prior consent, which consent shall not unreasonably be withheld or delayed. CITY shall be entitled to all income generated by such telephones and devices and to reasonable access upon Airline Preferential Use and Common Use Premises to install or service such telephones and devices F AIRLINE must comply with, and require its officers and employees and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by CITY including, but not limited to, health, :safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by CITY. AIRLINE will not do or authorize to be done anything, which may interfere with the effectiveness of the drainage and sewage system water system, communications system, fire protection system, or other part of the utility. electrical or other systems installed or located from time to time at the Airport. G. AIRLINE must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director If requested by CITY, AIRLINE must restrict all such activities to certain hours established by the Director so as to not interfere with scheduled flight activities of other Airlines using the Airport. K AIRLINE must comply with all requirements of the Americans with Disabilities Act ( "ADA "), as it may be amended, including without limitation paying for the cost of removing all barriers within AIRLINE's Exclusive Use Premises, necessary to gain access to the AIRLINE's Exclusive Use Premises. AIRLINE shall comply with all Department of Transportation requirements including 14 CFR 382.23(e) and 49 CFR 27.71, as may be amended with regard to the chair lift ( "Lift ") used to board AIRLINE passengers with mobility impairment purchased by the Airport and intended to comply with all Department of Transportation requirements including 14 CFR 382.23(e) and 49 CFR 27.71, as may be amended. AIRLINE's operation and use of the Lift shall be on a joint use basis with other Airlines serving the Airport to enplane and deplane its passengers with mobility impairments and shall be subject to the following conditions and exceptions: 1) AIRLINE's aircraft is of a type and design that is compatible with the Lift so as to be used with applicable operational convenience and with the highest degree of safety. If AIRLINE elects to use aircraft incompatible with Airport's Lift, then AIRLINE is responsible for providing a compatible lift at its expense. 14 2) The Lift is available and is in a sound and operational condition. 3) AIRLINE requires alp personnel operating the Lift to complete Airport supplied operator training specified by the Lift manufacturer for safe, proper, and efficient use of the Lift prior to use of the Lift. 4) If any maintenance, repair, or replacement work is caused by AIRLINE's negligence or inappropriate use of the Lift, AIRLINE shall be responsible for the repair and /or replacement of the Lift to the extent of the damage caused by AIRLINE's negligence or inappropriate use of the Lift. a) It is AIRLINE's sole responsibility to enplane and deplane its passengers with mobility impairments, and AIRLINE may use Airport's Lift to meet that responsibility. b) It is AIRLINE's obligation to notify the Director of any needed repairs to the Lift immediately upon discovery of such need. c) Airport shall conduct regular maintenance to the lift so as to keep it in good working order. Any necessary repairs to or replacement of the Lift shall be the Airport's responsibility, unless damage is caused by AIRLINE's negligence or inappropriate use of the Lift. T AIRLINE may use Terminal Equipment as shown in Exhibit "F" within AIRLINE's Leased Premises. AIRLINE shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, AIRLINE shall indemnify CITY from any and all claims for damages made against CITY due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by AIRLINE, its agents, employees, or offters. Airport shall conduct regular maintenance to the Terminal Equipment so as to keep it in good working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the Airport's responsibility unless damage is caused by AIRLINE's negligence or inappropriate use of the Terminal Equipment in which event AIRLINE must repair or replace the Terminal Equipment at its expense. K. The rights and privileges granted AIRLINE pursuant to this Article 5 shall be subject to any and all reasonable rules and regulations established by CITY and to the provisions of Article 7. 15 L Any and all rights and privileges not specifically granted to AIRLINE for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to CITY. 5 03 CITY's Operation and Maintenance Obligations. A CITY shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Aviation System with adequate qualified personnel and keep the Aviation System in good repair, unless such maintenance operation or repair shall be AIRLINE' s obligation pursuant to Section 5.04 or Exhibit "C." B CITY shall use reasonable efforts to keep the Aviation System and its aerial approaches free from ground obstruction for the safe and proper use thereof by AIRLINE. C CITY shall not be liable to AIRLINE for temporary failure to furnish all or any of such services to be provided in accordance with this Section 5.03 and Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of CITY. CITY shall use commercially reasonable efforts to 1) Ensure the good repair of the Aviation System and the services described in Exhibit "D "; and ii) Eliminate a failure thereof in order to minimize the effect to AIRLINE as soon as possible. D CITY shall maintain CITY owned passenger loading bridges located on AIRLINE's Aircraft Parking Apron (s), and the MUFIDS /BIDS provided by CITY for AIRLINE's use. E CITY shall use funds within the Aviation Capital Reserve Fund to pay for Annual Capital Outlays and Capital Improvements. 5.04 AIRLINE's Operation and Maintenance Obligations. A. AIRLINE shall, at all times and at its own expense, preserve and keep AIRLINE's Leased Premises in an orderly, clean, neat and sanitary condition pursuant to Exhibit "D." B. AIRLINE shall keep at its own expense its Preferential Use Aircraft Parking Apron(s) as free as possible of fuel, oil and debris. AIRLINE agrees to comply with all applicable environmental laws, rules, regulations, orders and /or permits applicable to AIRLINE's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and /or disposal of EIL= hazardous or regulated substances. AIRLINE must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining prior written approval from the Director and without first obtaining all required permits and approvals from all authorities having jurisdiction over AIRLINE s operations on or near the Airport. If AIRLINE determines at any time through any means that any threat of any potential harm to the environment, including but not limited to any release.. discharge, spill. or deposit of any hazardous or regulated substance, has occurred or is occurring which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon AIRLINE must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1 the Director, (2) the Airport's Public Safety Office, and (3) Emergency response centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report as required by law. AIRLINE agrees to cooperate fully with the CITY in promptly responding to, reporting, and remedying any threat of potential harm to the environment, including without limitation any release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water. waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. AIRLINE will undertake all required remediation and all costs associated therewith, forAIRLINE's action or inaction: which is directly or indirectly responsible for any failure of the AIRLINE to materially conform to all applicable environmental laws, ruies, regulations orders and /or permits. The rights and obligations set forth in this paragraph survive the termination of this Agreement. C AIRLINE shall maintain the Heating Ventilation and Air Conditioning system from the supply point which is the point at which the supply enters the AIRLINE's Exclusive Use Premises and continuing throughout the Airline's Exclusive Use Premises. AIRLINE must maintain electric loads within the designed capacity of the Airport's electrical system and prior to any change in the electrical system loads which would exceed its capacity, written consent will be obtained from the Director by the AIRLINE. AIRLINE shall maintain fixtures, equipment, and its Exclusive Use Premises in good condition, reasonable wear and tear accepted and perform all ordinary repairs and inside painting. Such repairs and painting by AIRLINE shall be of a quality and class not inferior to the original material and workmanship. D. AIRLINE may dispose of routine daily trash in the CITY provided trash compactor without additional charge. However, AIRLINE must dispose of non - routine daily trash, including without limitation construction debris and other waste materials - including petroleum products, either directly or through an independent contractor, either of which must obtain CITY permits. 17 E AIRLINE will provide and maintain hand fire extinguishers for all Exclusive Use and Preferential Use Premises in accordance with applicable safety codes. F AIRLINE will repair, at its cost, or at CITY's option reimburse CITY for the cost of repairing, replacing, or rebuilding any damages to the AIRLINE's Leased Premises caused by the acts or omissions of AIRLINE, its sub lessee, or its or their respective officers, employees, agents, or business invitees, including without limitation customers. Any repairs made by AIRLINE are subject to inspection and approval by C17-y' G AIRLINE may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. AIRLINE must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. CITY may remove any unauthorized material or displays, which are placed on the Airport without the Director's prior written approval. H Should AIRLINE fail to perform its material obligations hereunder, CITY shall have the right to enter the AIRLINE's Leased Premises and perform such activities; provided, however, other than in a case of emergency, CITY shall give to AIRLINE reasonable advance written notice of non - compliance, not to exceed ten (10) days, prior to the exercise of this right. If such right is exercised, AIRLINE shall pay to CITY, upon receipt of invoice, the cost of such services. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of AIRLINE and CITY set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in "Exhibit D," attached hereto and made a part hereof. ARTICLE 6: CAPITAL IMPROVEMENTS 6.0'1 General A. It is contemplated by the parties that from time to time during the term of this Agreement, the CITY may undertake Capital Improvements to the Airport, subject to the provisions of Article 6. B. In conjunction with submission of its Annual Budget, Director will notify AIRLINE of its proposed Capital Improvements for the ensuing Fiscal Year and CITY's estimates of the affect of such Capital 18 Improvements on the Rentals. Fees, and Charges paid by Airlines collectively. Directorfurther reserves the right to notify AIRLINE at any other time of proposed Capital Improvements subject to AAAC review procedures as set forth in this Article 6 In the event that any Capital Improvement proposed by Director is subject to AAAC review procedures pursuant to this Article 6, CITY agrees, at the written request of the Chairman of the AAAC, to meet collectively with the Signatory Airlines within thirty (30) days after notification to AIRLINE of said Capital Improvement to further discuss the Capital Improvements. CITY agrees to considerthe comments and recommendations of the AAAC with respect to said Capital Improvement. D CITY may proceed with Capital Improvements permitted pursuant to Section 6.02 and with other Capital Improvements subject to the limitations of Section 6.03. 6.02 Capital Improvements Not Subject to Review A Provided that notice required by Section 6.01(6) has been given to AIRLINE, CITY may make, or authorize to be made. expenditures for the following types of Capital Improvements without AAAC review. 1 Capital Improvements reasonably required to ensure compliance with any lawfully promulgated rule, regulation, or order of any federal, state, or other governmental agency other than CITY which has jurisdiction over the operation of the Airport. 2 Capital Improvements required to repair casualty damage to Airport property to the extent not covered by insurance or otherwise reimbursed. 3 Capital Improvements to be funded with proceeds from the sale of bonds on which the associated debt service will not be included in Net Allowable Costs for computing Rentals, Fees, and Charges. 4 Capital Improvements necessary to settle claims, satisfy judgments, or comply with orders against CITY by reason of its ownership, operation, maintenance, or use of the Airport. 5, Capital Improvements of an emergency nature which, if not made, would result in the closing of the Airport within 48 hours. 6. Capital Improvements, the capital and operating costs of which, if included in Net Allowable Costs 19 for computing annual Rentals, Fees, and Charges, would not cause an increase of more than 10% in the annual Rentals, Fees, and Charges paid by Airlines collectively in any Fiscal Year. 6.03 Capital Improvements Subject to Review A Signatory Airline(s) representing at least 51 % of the number of Airlines serving the Airport, have the right to approve or disapprove a particular Capital Improvement not excluded under Section 6.02. Any approval or disapproval of a Capital Improvement must be in writing, and submitted to CITY within 90 days following a meeting requested pursuant to Section 6.01(C) to discuss said Capital Improvement, or if no such meeting is requested, within 90 days following initial notification by CITY to AIRLINE of said proposed Capital Improvement B Notwithstanding the above 1 Signatory Airline(s) representing at least 51 % of the number of airlines serving the Airport may at any time rescind disapproval of a particular Capital Improvement by notifying the CITY in writing to such affect. 2. If, within either; 1 ) ninety (90) days following a meeting requested pursuant to Section 6.01 (C), or 2) if no such meeting is requested, ninety (90) days following initial notification by CITY to AIRLINE of proposed Capital Improvements, the CITY is not in receipt of a written notice of disapproval of such Capital Improvements, then such Capital Improvements may be considered as not disapproved and the CITY may commence its undertaking and incorporate the costs thereof into the Net Allowable Costs for computing Rentals, Fees, and Charges. 6.04 Grants -In -Aid CITY will use its best efforts to obtain maximum development Grants -In -Aid. ARTICLE 7: RENTALS, FEES, AND CHARGES AIRLINE shall pay CITY rentals for use of AIRLINE's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement. The Rentals, Fees, 20 and Charges payable by all Signatory Airlines for the Airfield and, with respect to the Terminal, the Rentals, Fees and Charges payable by Signatory Airlines leasing space in the Terminal shall be calculated as set forth in Exhibit `G - For each Fiscal Year covered by this Agreement, the estimated Airport Requirement shall be calculated, charged, and allocated to the Airport's direct and indirect Cost Centers by CITY in accordance with the CITY's cost accounting and cost allocation system The net amount of the Airport Requirement allocated to each indirect Cost Center shall be based on each benefiting direct Cost Center's proportionate share of the estimated direct Operating and Maintenance Expenses for all benefiting direct Cost Centers. 7.01 Landing Fees. AIRLINE shall pay to CITY fees for aircraft landings at Airport asset forth in Exhibit "G- 3". Signatory Airlines' landing fees shall be determined as the product of the landing fee rate for the period and AIRLINE's total landed weight for the month. Non - Signatory Airline landing fees shall be 125% of the Signatory Airline landing fee asset forth in Exhibit "(-3-3" AIRLINE's landed weight for the month shall be determined as the product of the Maximum Gross Landed Weight of each landing aircraft of the AIRLINE by the number of Landings of each said aircraft during such month. 7.02 Terminal Rentals AIRLINE's Terminal rentals shall be determined as the sum of rentals for Exclusive Use and Preferential Use Premises. Rental payment for Exclusive Use and Preferential Use Premises shall be determined as the product of the applicable differential Terminal rental rate as set forth in Exhibit "G -5" and the square footage of the corresponding type of space leased by AIRLINE as set forth in Exhibit "B ". 7 03 Apron Fees AIRLINE shall pay to CITY apron fees for the parking of aircraft at the gate area. Such fees shall be calculated in accordance with Exhibit "G -3" and allocated to AIRLINE based on the number of Airline leased apron spaces as indicated by the lease lines shown on Exhibit "B ". 7.04 Common Use Charges. AIRLINE's Common Use Charges shall be determined as the sum of 1) the product of the weighted average terminal rate per square foot and the square footage of the Common Use Premises leased by AIRLINE as set forth in Exhibit "G -3" and 2) the Net Terminal Security Cost as shown on Exhibit "G -3" 7.05 Other Fees and Charges. A. CITY expressly reserves the right to assess and collect the following: (1) Charter Flight Fees - AIRLINE must pay fees to the CITY for charter flights operated or handled by AIRLINE as follows: (i) if the charter flight is handled by AIRLINE with its own aircraft at AIRLINE's 21 Leased Premises, AIRLINE will pay the Signatory landing fees; (ii) if the charter flight is handled by an aircraft owned by a Non- Signatory third party and is handled at AIRLINE's Leased Premises, AIRLINE must pay the Non- Signatory landing fees as outlined in Exhibit "G -3 "; or (iii) if the charter flight is handled by an aircraft owned by a Non- Signatory third party and handled outside AIRLINE's Leased Premises. AIRLINE must pay the applicable Airline facility use fees and the Non - Signatory landing fees. If AIRLINE aarks aircraft at a CITY- controlled apron position, AIRLINE must pay an Apron Parking Fee as shown in Exhibit "G-3" 2) Reasonable and non- discriminatory fees and charges for services or facilities not enumerated in this Agreement, out provided by CITY and accepted by AIRLINE, including, but not limited to, Federal Inspection Services ( "FIS ") fee as set forth in Exhibit "G -3 ". (3) Pro -rata share, based upon enplaned passengers, of any charges for the provision of any services or facilities which CITY is required to provide by any governmental entity (other than CITY acting within its proprietary capacity) having jurisdiction over the Airport. B CITY reserves the right to charge AIRLINE or its employees a reasonable fee for identification badges provided at the Airport. C AIRLINE shall pay charges for other services or facilities provided by CITY to AIRLINE. Such services orfacilities may include, but are not limited to, special maintenance ofAIRLINE's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director upon request for services by AIRLINE. D AIRLINE shall pay the required fees for all permits and licenses necessary for the conduct of its Air Transportation Business at the Airport. AIRLINE shall pay all electricity, gas, and water and sewerage fees and charges, if separately metered. AIRLINE shall also pay all taxes, assessments, and charges, which during the Term of this Agreement may become a lien or which may be levied by the State, County, or any other tax levying body, upon any taxable interest by AIRLINE acquired in this Agreement, or any taxable possessory right which AIRLINE may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and /or charges on taxable property, real or personal, owned by AIRLINE in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro - ration by AIRLINE forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and PWI issuance of statement. However, AIRLINE shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by AIRLINE to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.06 Payments. A Payments of one - twelfth (1112) of the total annual rentals for AIRLINE's Exclusive Use Premises, Preferential Use Premises, and Apron Fees shall be due in advance, without demand, on the first day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (95) calendar day of the month. B Payment of AIRLI NE's Landing Fees shall be due on the thirtieth (30th) day of each month following the month in which such activity occurs without demand. Said fees shall be deemed delinquent if payment is not received on the date due. C Payment for Common Use Charges shall be due on the thirtieth (301h) day of each month based on the previous month's enplanement data Said fees shall be deemed delinquent if payment is not received on the date due D Payment for all other fees and charges due hereunder, shall be due as of the date of the CITY's invoice. Said fees and charges shall be deemed delinquent if payment is not received within thirty (30) days of the date of such invoice. E CITY shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the CITY's estimates of activity pursuant to Paragraph F below or due to an audit performed pursuant to Paragraph 7.07.C., herein; provided, however, interest at the lover of one and one -half percent (1 '/2 %) per month, or the highest rate allowable by applicable state law, shad accrue against any and all delinquent payment(s) from the date due until the date payments are received by CITY This provision shall not preclude CITY from canceling this Agreement for default in the payment of rentals. fees or charges, as provided for in Section 12.01 B herein, or from exercising any other rights contained herein or provided by law. F In the event AIRLINE fails to submit its monthly activity report as required in Section 7.07, CITY shad estimate the Rentals, Fees and Charges based upon the higher of one hundred twenty -five percent (1215 %) of the previous month's activity or the same month's prior year activity reported by AIRLINE and 23 issue an invoice to AIRLINE for same. if no activity data is available, CITY shall reasonably estimate such activity and invoice AIRLINE for same. AIRLINE shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable If such estimate results in an overpayment by AIRLINE, CITY shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from AIRLINE; provided. however, AIRLINE shall not be entitled to any credit for interest on payments of such estimated amounts. C in the event AIRLINE's obligations with respect to AIRLINE's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last day of the month. AIRLINE's Rentals: Fees and Charges shall be prorated on the basis of the number of days such premises, facilities, rights.. licenses, services, or privileges were enjoyed during that month. N All payments due and payable hereunder shall be paid in lawful money of the United States of Arrierica, without set off, by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Department 1000 International Drive Corpus Christi, TX. 78406 7.07 Information to be Supplied by AIRLINE. A Not later than five (5) business days after the end of each month, AIRLINE shall file with Airport written report in the format as set forth in Exhibit "E" for activity conducted by AIRLINE during said month, and for activity handled by AIRLINE for other Air Transportation Companies not having an agreement with CITY providing for its own submission of activity data to CITY. B CITY shall have the right to rely on said activity reports in determining rentals and charges due hereunder; provided, however, AIRLINE shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Paragraph 7.06.E. C. AIRLINE shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Paragraph 7.07.A. Such records shall be retained by AIRLINE for a period of three (3) years subsequent to the activities reported 24 therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas for audit and /or examination by CITY or its duly authorized representative during all normal business hours. AIRLINE shall produce such books and records at Corpus Christi, Texas within thirty (30) calendar days of written notice to do so or pay all reasonable expenses, including but not limited to transportation, food and lodging, necessary for an auditor selected by CITY to audit said books and records at a place selected by AIRLINE. D The cost of audit, with the exception of the aforementioned expenses, shall be borne by CITY as an O &M Expense; provided however, the total cost of said audit shall be borne by AIRLINE if either or both of the following conditions exist: 1) The audit reveals an underpayment of more than five percent (5 %) of Rentals, Fees and Charges due hereunder, as determined by said audit; and/or (2) AIRLINE has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Paragraph 7.07.C. 7.06 Security for Payment A Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 of this Agreement, if this Agreement had been in effect during that period, AIRLINE shall provide CITY on the Effective Date of this Agreement with a contract bond. irrevocable letter of credit or other similar security acceptable to CITY ( "Contract Security ") in an amount equal to the estimate of three (3) months' Rentals, Fees and Charges payable by AIRLINE pursuant to this Article 7, to guarantee the faithful performance by AIRLINE of its obligations under this Agreement and the payment of all Rentals, Fees and Charges due hereunder. AIRLINE shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period AIRLINE commits no event enumerated in Section 12.01 of this Agreement. Such Contract Security shall be it a form and with a company reasonably acceptable to CITY. In the event that any such Contract Security shall be for a period less than the full period required by this Paragraph TO&A or if Contract Security shall be canceled, AIRLINE shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) days prior to the date of such expiration or cancellation. 25 B. Notwithstanding the above Paragraph 7.08.A, CITY shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by CITY shall he conditioned upon said Signatory Airline having provided regularly scheduled flights at six (6) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period, without committing any material default under the terms of the respective lease and use agreements at each of the six (6) facilities, and without any history of untimely payments for rentals, fees and charges The burden shall be on AIRLINE to demonstrate to CITY its compliance with these requirements by providing written documentation from six (6) other airports selected by Airport. C If AIRLINE is delinquent in any debt due to the CITY for a period greater than ninety (90) days anchor continuously delinquent for a period of six (6) months, CITY shall impose or reimpose the requirements of Paragraph 7.08.A on AIRLINE D Upon the occurrence of any AIRLINE act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules and Regulations and Federal Judgeship Act of 1990, as such may be amended, supplemented, or replaced, CITY, by written notice to AIRLINE given at any time within ninety (90) days of the date such event becomes known to CITY, may impose or reimpose the requirements of Paragraph 7.08.A on AIRLINE. In such event, AIRLINE shall provide CITY with the required Contract Security within ten (10) days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which AIRLINE commits no additional event enumerated in Section 12.01. E If AIRLINE shall fail to obtain and /or keep in force such Contract Security required hereunder, such failure shall be grounds for immediate cancellation of this Agreement pursuant to Section 12.01. CITY' s rights under this Section 7.08 shall be in addition to all other rights and remedies provided to CITY under this Agreement. 7.08 Passenger Facility Charge. A AIRLINE acknowledges that CITY shall have the right to assess Airline passengers a Passenger Factility Charge ( "PFC ") forthe use of the AIRPORT in accordance with 49 U.S.C. §40117 and the rules and regulations there under (14 CFR Part 158, herein the "PFC Regulations ") and as otherwise hereinafter authorized or permitted AIRLINE shall collect on behalf of and remit to CITY any such charges in accordance with the requirements of the PFC Regulations, including but not limited to holding any charges collected by the AIRLINE, pending remittance to CITY, in trust for the benefit of CITY. CITY shall have the right to use all such PFC revenue collected in any lawful manner. B AIRLINE and CITY shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to either or both parties. C If AIRLINE fails to remit PFC revenue to CITY within the time limits established by the PFC Regulations (no later than the last day of the following calendar month), AIRLINE shall be deemed to be in default pursuant to Section 12.01 Any late payment of PFC's shall be subject to interest computed in accordance with Section 7.06. 7 10 Cai*alized Interest on Bonds. Bonds issued by the CITY will provide for the capitalization of interest, by project, during the construction period for each respective project; and the CITY intends for Debt Service on Bonds to be capitalized until Substantial Completion of projects financed, in part, from the proceeds of Bonds. Provided, however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to Substantial Completion of projects, the Debt Service will be allocated to Cost Centers in the same manner as the related project costs (net of any PFC funding) are allocated to Cost Centers. 7 11 Continuation of Rent. Signatory Airlines that cease service at the Airport prior to the end of the term of the Agreement as provided for in Section 13.01 will continue to pay rent on Exclusive and Preferential Use Premises and twenty percent of the Common Use Charge for the remainder of the CITY'S Fiscal Year or until the end of the Term of the Agreement or until the CITY lease the premises covered hereunder to another tenant, whichever is shorter. 7 12 No Further Charges. Except as provided in this Agreement, no further Rentals, Fees or Charges shall be charged by the CITY to AIRLINE, for the use of AIRLINE's Leased Premises and other facillities, and the rights. licenses and privileges granted to AIRLINE in Article 5 of this Agreement. The foregoing provision shall not be construed to prohibit the CITY from imposing fees and charges for the use of specified equipment, facilities, or additional services at the Airport or from imposing fines, penalties, or assessments for the enforcement of the CITY's rules and regulations. 7 13 Charges For Services. The provisions contained in Section 7.12 shall not preclude the CITY from seeking reimbursement from AIRLINE, Signatory Airlines, and Non - Signatory Airlines for the cost of 27 services provided to AIRLINE, Signatory Airlines, and Non - Signatory Airlines in compliance with any federal law or rule or regulations which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals. Fees and Charges under this Agreement. ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A No later than sixty (60) days prior to the end of each Fiscal Year, CITY shall notify AIRLINE of the proposed schedule of rates for Rentals, Fees and Charges for the ensuing Fiscal Year. Said rates shall be based upon budgeted Revenues, O &M Expenses, Annual Capital Outlay, and Capital Improvements, including coverage and required reserves determined and presented to AIRLINE substantially in conformance with the methods and format set forth in Exhibit "G." The percentage of credit of Parking Lot Revenue allocated to each Cost Center and Aviation Department as shown on Exhibit "G -1.1" may be reaflocated in the event that the Net Aviation Department Revenues are less than zero or if the Terminal Rental Rate, Landing Fee Rate, Apron Parking Fee, or Common Use Charges vary more than 10% in any Fiscal Year. B. The Signatory Airlines through the AAAC shall have the right to review and comment upon the proposed operating budget. No later than thirty (30) days after the forwarding of the proposed schedule of rates for Rentals, Fees and Charges, CITY agrees to meet with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees and Charges. In advance of said meeting, CITY shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. CITY agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees and Charges for the ensuing Fiscal Year. C. Following said meeting, and prior to the end of the then current Fiscal Year, CITY shall notify AIRLINE of the rates for Rentals Fees and Charges to be established for the ensuing Fiscal Year. D. if calculation of the new rates for Rentals, Fees and Charges is not completed by CITY and the nonce provided in Paragraph 8.01. C is not given on or prior to the end of the then current Fiscal Year, the AIRLINE will by provided written notice that rates for Rentals, Fees and Charges then in effect shall 28 continue to be paid by AIRLINE until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, CITY shall determine the difference(s), if any, between the actual Rentals, Fees and Charges paid by AIRLINE to date for the then current Fiscal Year and the rates for Rentals Fees and Charges that would have been paid by AIRLINE if said rates had been in effect beginning on the first day of the Fiscal Year. Said differences shall be applied to the particular Rentals. Fees or Charges for which a difference(s) in rates resulted in an overpayment or underpayment, and shall be remitted by AIRLINE or credited or refunded by CITY in the month immediately following the calculation of the new Fiscal Year rates or over the remaining months of the then current Fiscal Year as determined by the CITY 8,02 Other Rate Changes. Rates for Rentals, Fees and Charges may be changed at any other time that unaudited monthly Airport financial data indicates that total Rentals, Fees and Charges payable pursuant to the then current rate schedules are estimated and anticipated by CITY to vary by more than ten percent (10 %) from the total Rentals. Fees and Charges that would be payable based upon the use of the monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance No. 024163; which is available in the Airport Administration offices for review, provided, however, that Signatory Airlines' total Rentals, Fees and Charges payable to CITY shall be allocated to AIRLINE in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges may be changed within thirty (30) days, after consultation with the AAAC. 8.03 incorporation of Exhibit "G' Adjustments to rates for Rentals, Fees and Charges shall apply without the necessity of formal amendment of this Agreement. Upon each adjustment pursuant to this Article 8, a revised Exhibit "G" showing the calculation of adjusted rates for Rentals, Fees and Charges, shall be prepared by CITY and transmitted to AIRLINE. Said exhibit shall then be deemed part of this Agreement without formal amendment thereto 8.04 Settlement. Within one hundred twenty (120) days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, rates for Rentals, Fees and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." Upon the determination of any difference(s) between the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year and the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, CITY shall, in the event of overpayment, promptly credit to AIRLINE 40% of the amount of such overpayment in the form of reduced landing fees and rental rates in proportion to their respective expenses and 60% will be transferred to the Aviation Reserve Fund for non - budgeted O &M Expenses and in the event of underpayment, invoice AIRLINE for the amount of such underpayment. Said invoiced amount shall be due 29 within thirty (30) days of the invoice mailing date or as mutually agreed by CITY and AIRLINE. Provided, however, the Aviation Reserve Fund contemplated by this section shall not exceed a total of $350,000, including interest credited to such fund, at the end of any Fiscal Year. In the event the Aviation Reserve Fund exceeds $350,000 at the end of any Fiscal Year, the excess wil; be credited back to the Signatory Airlines in the form of reduced landing fees and rental rates in proportion to their respective expenses. Further, the Signatory Airlines and City, upon mutual agreement at the end of any Fiscal Year, may adjust the total amount of the Aviation Reserve Fund which total shall then become the not to exceed total at the end of the next Fiscal Year. 8.05 CITY Covenants. A. CITY covenants that for purposes of assigning and allocating costs, it shall utilize generally accepted accounting practices utilized for airports operating as an enterprise fund, include only those charges properly attributable to the Aviation System, and adhere to the requirements of the FAA's Policy Regarding the Establishment of Airport Rates and Charges. B CITY shall operate the Aviation System in a manner so as to produce Revenues from concessionaires, tenants and other users of the Aviation System of a nature and amount which would be produoed by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. C CITY shall use all Revenues of the Aviation System exclusively for the construction, maintenance, operation, development, financing and management of the Aviation System. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 AIRLINE Improvements. A. In accordance with Paragraph 5.01 .N, AIRLINE may construct and install, at AIRLINE's sole expense, improvements in its Exclusive Use Premises as AIRLINE deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advanced written approval of the Director. Provided further, that no reduction or abatement of Rentals, Fees and Charges shall be allowed for any interference with AIRLINE's operations by such construction. all B. Prior to the commencement of any improvements greater than $10,000, the CITY shall have the right to require that AIRLINE shall obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by AIRLINE for the improvements. Said contract security bond shall name the CITY as an obligee there under and shall be drawn in a form and from such company acceptable to CITY; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; and, shall protect CITY against anv losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. CITY reserves the right to require that AIRLINE acquires or causes to be acquired a payment bond with any contractor or contractors of AIRLINE as principal, in a sum equal to the full amount of the construction contract awarded by AIRLINE for the improvements. Said bond shall name the CITY as an obligee there under and shall guarantee payment of all wages for labor and services engaged, and of all bills for materials, supplies and equipment used in the performance of said construction :ontract. Any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airport, or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction, and within sixty (60) days of AIRLINE's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of CITY. C AIRLINE shall furnish or require contractors to furnish satisfactory evidence of statutory worker's compensation insurance comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance, on a builder's risk form with the interest of CITY endorsed thereon, in such amounts and in such manner as CITY may reasonably require. CITY may require additional insurance for any alterations or improvements approved hereunder, in such limits as CITY reasonably determines to be necessary. D. Any construction or installation shall be at the sole risk of AIRLINE and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director. E. All improvements made to Airline's Exclusive Use and Preferential Use Premises and additions and alterations thereto made by AIRLINE, except those financed by CITY, shall be and remain the property of AIRLINE until expiration of the initial Term of this Agreement. Upon termination or cancellation of this Agreement, said additions and alterations shall become the property of CITY; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of AIRLINE not permanently affixed to Airline's Exclusive Use or Preferential Use Premises shall remain the property of AIRLINE, subject to the terms of Article 14- 31 ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of AIRLINE's Leased Premises, or adjacent facilities directly and substantially affecting the use of AIRLINE's Leased Premises, shall be partially damaged by fire or other casualty, but said circumstances do not render AIRLINE'S Leased Premises untenable as reasonably determined by CITY, the same shall be repaired to Usable condition with due diligence by CITY as hereinafter provided and limited. No abatement of rentals shall accrue to AIRLINE so long as AIRLINE's Leased Premises remain tenantable. 10.02 Substantial Damage. If any part of AIRLINE's Leased Premises, or adjacent facilities directly and substantially affecting the use of AIRLINE's Leased Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said AIRLINE's Leased Premises untenable but capable of being repaired, as reasonably determined by CIS Y, the same shall be repaired to usable condition with due diligence by CITY as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to AIRLINE's affected AIRLINE Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to total AIRLINE Leased Premises until such time as such affected AIRLINE ceased Premises shall be restored adequately for use. CITY shall use reasonable efforts to provide AfRLINE with comparable alternate facilities to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space. 10.03 Destruction. A. If any part of AIRLINE's Leased Premises, or adjacent facilities directly and substantially affecting the use of AIRLINE's Leased Premises. shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said AIRLINE Leased Premises incapable of being repaired within ninety (90) days, as reasonably determined by CITY, CITY shall notify AIRLINE of its decision whether to reconstruct or replace said space; provided, however, CITY shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to affected AIRLINE Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by AIRLINE. If this occurs, Airline may terminate the letting of the AIRL INE "s Leased Premises, effective as of the date of written notice to the CITY B. In the event CITY elects to reconstruct or replace affected AIRLINE Leased Premises, CITY shall provide AIRLINE with comparable alternate facilities to continue its operation while reconstruction or 32 replacement is being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. -. In the event CI-?Y elects to not reconstruct or replace affected AIRLINE Leased Premises, CITY shall meet and consult with AIRLINE on ways and means to permanently provide AIRLINE with adequate replacement space for affected AIRLINE Leased Premises. In such event, CITY agrees to amend this Agreement to reflect related additions and deletions to AIRLINE's Leased Premises. AIRLINE is not bound to accept the replacement space and may terminate this Agreement, as described in section 10.03 (A) as above 10.04 Damage Caused By AIRLINE. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful actor omission of AIRLINE, its employees, its agents, or licensees, AIRLINE's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rent during the repair or replacement of said AIRLINE Leased Premises. To the extent that the costs of repairs shall exceed the amount of any insurance proceeds payable to CITY by reason of such damage or destruction, AIRLINE shall pay the amount of such additional costs to CITY 10.05 CITY's Responsibilities. CITY shall maintain adequate levels of insurance; provided, however, that CITY's obligations to repair, reconstruct or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring affected AIRLINE Leased Premises to substantially the same condition that existed at the date of damage or destruction, including any subsequent improvements made by CITY, and shall further be limited to the extent of insurance proceeds and other funds available to CITY for such repair, reconstruction, or replacement: provided further that CITY shall in no way be responsible for the restoration or replacement of any equipment, furnishings, property, real improvements, signs, or other items installed and /or owned by AIRLINE in accordance with this Agreement, unless AIRLINE proves that damage is caused by negligence or willful act or omission of CITY, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. AIRLINE shall indemnify, save, hold harmless, and defend CITY, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, 33 action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to AIRLINE's performance of its obligations under this Agreement, or in conjunction with AIIRLINE's use and occupancy of AIRLINE's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of CITY, its officers, employees, or agents. B. AIRLINE shall indemnify, save, hold harmless, and defend CITY, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the CITY, by AIRLINE, its agents, employees, or successors and assigns in conjunction with AIRLINE' s use and/or occupancy of AIRLINE's Leased Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of CITY, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration, termination or early cancellation of this Agreement. 11.02 Insurance. A. Without limiting or expanding AIRLINE's obligation to indemnify CITY, as provided for in Section 1 1.01; AIRLINE shall procure and maintain in force at all times during the Term of this Agreement occurrence form, comprehensive Airport premises liability and aviation insurance to protect against personal injury and bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non - passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall be in an aggregate amount of not less than $50,000,000 per occurrence, combined single limit. In addition, AIRLINE shall procure and maintain in force during the Term of this Agreement, liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non - owned, or hired) in an amount not less than $5,000,000 per occurrence. 34 B. The aforesaid amounts and types of insurance shall be reviewed from time to time by CITY and may be adjusted by CITY if CITY reasonably determines such adjustments are necessary to protect CITY's interests. AIRLINE shall furnish CITY prior to the Effective Date hereof, a certificate or certificates of insurance as evidence that such insurance is in force. CITY reserves the right to require a certified copy of each certificate upon request. AIRLINE shall name CITY as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01 above. Said policies shall be issued by insurance companies of recognized financial responsibility, and in a form and content reasonably satisfactory to CITY and shall provide for thirty (30) days advance written notice to CITY prior to the cancellation of or any adverse material change in such policies. Failure to provide and/or maintain the required insurance coverage as set forth herein shall be grounds for immediate cancellation of this Agreement. C.. AIRLINE shall procure and maintain in force during the Term of this Agreement, Workers' Compensation coverage in accordance with State Law and Employers Liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the AIRLINE will be promptly met. 11.03 Waiver of Subrogation. CITY and AIRLINE hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, AIRLINE's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties. their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. ARTICLE 12: CANCELLATION BY CITY 12.01 Fivents of Default. The events described below shall be deemed events of default by AIRLINE hereunder: A. Upon the occurrence of any one of the following events of default, CITY may give written thirty (30) 35 day notice as provided in Section 12.03. 1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of AIRLINE's assets or the subletting of AIRLINE's Leased Premises without City Council authorization except as permitted under Article ' 5. ;2) The divestiture of AIRLINE's estate herein by operation of law, by dissolution, or by liquidation. 3) The AIRLINE shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. 4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by AIRLINE of its operations at the Airport unless otherwise approved by CITY in writing, except when discontinuance is due to fire. earthquake, strike, governmental action, default of the CITY, or other cause beyond AIRLINE's control, and if the AIRLINE's Leased Premises have not been assigned or sublet pursuant to Article 15 (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) days of receipt of written notice by CITY to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by AIRLINE of written demand from CITY to do so, AIRLINE fails to commence the remedying of such default within said thirty (30) days following such written notice, or having so commenced; shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, AIRLINE's performance under this Paragraph 12.01 shall be subject to the provisions of Section 13.24 of this Agreement. AIRLINE shall have the burden of proof to demonstrate to the CITY's satisfaction (i) that the default cannot be cured within thirty (30) days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, CITY may immediately issue written notice of default. (1) The failure by AIRLINE to pay any part of the Rentals, Fees and Charges, PFC's or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) days of CITY's 36 written notice of payments past due. Provided, however, if a dispute arises between CITY and AIRLINE with respect to any obligation or alleged obligation of AIRLINE to make payments to CITY, payments under protest by AIRLINE of the amount due shall not waive any of AIRLINE'S rights to contest the validity or amount of such payment. 12) The failure by AIRLINE to maintain the minimum required insurance coverage as required by Section 11.02, provided that CITY shall have the right to immediately suspend AIRLINE's right to operate at the Airport until AIRLINE has obtained the minimum required insurance coverage. i3) If any act occurs, through the fault of neglect of AIRLINE, which operates to deprive the AIRLINE permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business. 12.02 Continuing Responsibilities of AIRLINE. Notwithstanding the occurrence of any event of default, AIRLINE shall remain liable to CITY for all Rentals, Fees and Charges payable hereunder and for all preceding breaches of any covenant of this Agreement. Furthermore, unless CITY elects to cancel this Agreement, AIRLINE shall remain liable for and promptly pay all Rentals, Fees and Charges accruing hereunder until termination of this Agreement as set forth in Article 3 or until this Agreement is canceled by AIRLINE pursuant to Article 13. 12.03 CITY's Remedies. Upon the occurrence of any event enumerated in Section 12.01, the following remedies shall be available to CITY A. CITY may exercise any remedy provided by law or in equity, including but not limited to the remedies hereinafter specified. B. CITY may cancel this Agreement, effective upon the date specified in the notice of cancellation. For events enumerated in Paragraph 12.01 A., such date shall be not less than thirty (30) days from said date of receipt of notice. Upon such date, AIRLINE shall be deemed to have no further rights hereunder and CITY shall have the right to take immediate possession of AlRLINE's Leased Premises. C. CITY may reenter the AIRLINE's Leased Premises and may remove all AIRLINE persons and pmperty from same upon the date of reentry specified in CITY's written notice of reentry to AIRLINE. For events enumerated in Paragraph 12.01.A., reentry shall be not less than thirty (30) days from the date of notice of reentry. 37 D. CITY may relet AIRLINE s Leased Premises and any improvements thereon or any part thereof at such Rentals, Fees and Charges and upon such other terms and conditions as CITY, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on said AIRLINE's Leased Premises. In reletting the AIRLINE's Leased Premises, CITY shall be obligated to make a good faith effort to obtain terms no less favorable to CITY than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of AIRLINE's event of default. E. In the event that CITY relets AIRLINE's Leased Premises, Rentals, Fees and Charges received by CITY from such reletting shall be applied: (i) to the payment of any indebtedness other than Rentals, Fees and Charges due hereunder from AIRLINE to CITY; (ii) to the payment of any cost of such reletting; and (iii) to the payment of Rentals, Fees and Charges due and unpaid hereunder. The residue, if any, shall be held by CITY and applied in payment of future Rentals, Fees and Charges as the same may become due and payable hereunder. If that portion of such Rentals, Fees and Charges received from such reletting and applied to the payment of Rentals, Fees and Charges hereunder is less than the Rentals, Fees and Charges payable during applicable periods by AIRLINE hereunder, then AIRLINE shall pay such deficiency to CITY. AIRLINE shall also pav to CITY, as soon as ascertained, any costs and expenses incurred by CITY in such reletting not covered by the Rentals, Fees and Charges received from such reletting. F. AIRLINE shall pay to CITY all other costs, incurred by CITY in the exercise of any remedy in this Article 12, including, but not limited to. reasonable attorney fees, disbursements, court costs, and expert fees ARTICLE 13; CANCELLATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by CITY hereunder: A. CITY fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by CITY and such failure continues for thirty (30) days after receipt of wAtten notice from AIRLINE; or if by its nature such default cannot be cured within such thirty (30) day period, CITY shall not commence to cure or remove such default within said thirty (30) days and to cure or remove the same as promptly as reasonably practicable; provided, however, CITY' s performance under this Paragraph shall be subject to the provisions of Section 18.24 of this Agreement. W. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond CITY's control or to the flights of AIRLINE, for reasons other than those circumstances within AIRLINE' s control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any Federal, state, or local government agency having competent jurisdiction; or AIRLINE is unable to use Airport for a period of at least ninety (90) consecutive days due to any law or any order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing CITY or AIRLINE from using Airport for airport purposes, for reasons other than those circumstances within its control, and such injunction remains in force for a period of at least ninety (90) consecutive days D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict AIRLINE from conducting its operations, if such restriction be continued for a period of sixty (60) consecutive days or more. 13.02 AIRLINE's Remedy. AIRLINE termination, due to events of default in provisions of Section 13.01, shall not be effective unless and until at least thirty (30) days have elapsed after written notice to CITY specifying the date upon which such termination shall take effect and the reason for such termination. CITY may cure the cause of such termination within said (30) day period, or such longer time as the parties may agree thereto. In the event, of termination AIRLINE shall surrender the AIRLINE's Leased Premises in accordance with Article 14 hereof. If the termination is due to provisions related to Section 13.01, all Rentals, Fees and Charges payable by AIRLINE shall continue in force until the end of the CITY'S then current Fiscal Year. If the CITY relets the AIRLMIE's Leased Premises during this time, the Rentals, Fees and Charges received shall be applied to the amount due by the AIRLINE. 13.03 AIRLINE Cancellation. AIRLINE may cancel this Agreement and terminate all its obligations hereunder at any time that AIRLINE is not in default in the payment of any Rentals, Fees, or Charges to the CITY hereunder or in the discharge of any of its obligations hereunder or if AIRLINE determines that it is no longer financially feasible to continue operations at the Airport by giving the CITY at least ninety (90) days written notice. ARTICLE 14: SURRENDER OF AIRLINE PREMISES 39 14.01 Surrender and Delivery. Upon termination or cancellation of this Agreement, AIRLINE shall promptly and peaceably surrender to CITY AIRLINE's Leased Premises and all improvements thereon to which CITY is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this Section shall be construed to modify the obligations of the parties set forth in [Article 10 and Article 111. 14.02 Removal of Propert y. AIRLINE shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in AIRLINE, unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty ( 30) business days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which CITY may have thereon for unpaid Rentals, Fees and Charges. AIRLINE shall not abandon any portion of its property at the Airport without the written consent of CITY Any and all property not removed by AIRLINE within thirty (30) business days following the date of termination of this Agreement shall, at the option of CITY, (i) become the property of CITY at no cost to CITY; (ii) be stored by CITY at no cost to CITY; or (iii) be sold at public or private sale at no cost to CITY. All of the AIRLINE's personal property located on the AIRLINE's Leased Premises is at the risk of the AIRLINE only, and CITY is not liable for Jamage to said personal property to the AIRLINE's Leased Premises, or to the said AIRLINE. Except as may be agreed to otherwise by CITY and AIRLINE, all CITY property damaged by or as a result of the removal of AIRLINE's property shall be restored by AIRLINE to the condition existing before such damage less reasonable wear and tear at AIRLINE's expense. 14.03 Holding Over. In the event AIRLINE continues to occupy the AIRLINE's Leased Premises beyond the term of this Agreement or any extension thereof without CITY's written renewal thereof, such holding overdoes not constitute a renewal or extension of this Agreement, but creates, upon the same terms and conditions, a tenancy from month to month which may be terminated at any time by CITY or AIRLINE by giving thirty (30) days written notice to the other party. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by AIRLINE. A. Except for an assignment to a parent, affiliate, or subsidiary, which is hereby authorized, AIRLINE may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement, or any part of the AIRLINE's Leased Premises, to any party including code sharing partners H that operate as a single entity at the Airport without the prior written approval of the CITY, which approval will not be unreasonably withheld. The above prohibition does not apply with respect to any company with which AIRLINE may merge or consolidate, or which may acquire substantially all of the AIRLINE's assets. In the event that AIRLINE shall directly or indirectly, assign, sell, hypothecate or otherwise transfer this Agreement, or any portion of AIRLINE's Leased Premises, without the prior written consent of the CITY except as allowed for above, the CITY, in its sole discretion may terminate this Agreement. B. AIRLINE shall not sublease AIRLINE's Leased Premises without the prior written consent of CITY, which consent may be withheld if CITY has substantially similar space available, but unleased, or if CITY can make such space availabie for lease within a reasonable time. Exclusive or preferential use of AIRLINE's Exclusive Use Premises or any part thereof, or preferential use of AIRLINE's Preferential Use Premises or any part thereof, by anyone other than AIRLINE or a Scheduled Air Carrier being handled by AIRLINE shall be deemed a sublease. C. AIRLINE shall include with its request for permission to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with AIRLINE's request for tentative approval by the CITY. The assignment or sublease agreement or written summary submitted with AIRLINE's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and Ov) the provision that assignee or sub lessee must execute a separate operating agreement with CITY. Any other information reasonably requested by CITY pertaining to said sublease or assignment shall be promptly provided by AIRLINE. A fully executed copy of such sublease or assignment shall be submitted to CITY for final approval before occupancy of AIRLINE's Leased Premises, or any portion thereof, by the assignee or sub lessee. D. In the event the Rentals, Fees and Charges for subleased premises exceed the Rentals, Fees and Charges payable by AIRLINE for said premises pursuant to this Agreement, AIRLINE shall pay to CITY the excess of the Rentals, Fees and Charges received from the sub lessee over that specified to be paid by AIRLINE herein. provided, however, AIRLINE may charge a reasonable fee for administrative costs, not to exceed fifteen percent 115 %) of the specified sublease rental and such fee shall not be considered part of excess Rentals. Fees and Charges. AIRLINE may also charge a reasonable fee to others for the use of AIRLINE' s capital equipment and to charge for use of utilities and other services being paid for by AIRLINE. 41 E. Nothing in this Article 15 shall be construed to release AIRLINE from its obligations under this Agreement, including but not limited to the payment of Rentals, Fees and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of CITY to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Aircraft Parking Apron areas to meet the stated requests of AIRLINE and/or such other Scheduled Air Carriers ( "Requesting Airlines ") for additional facilities, CITY hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of Terminal and Aircraft Parking Apron areas to be achieved, if necessary, through sharing or reassigning, from time to time, of gate positions and other passenger handling facilities. 16.02 Accommodation of Requesting Airlines. A. AIRLINE shall cooperate with CITY to accommodate the needs of a Requesting Airline by permitting such Requesting Airline to utilize AIRLINE's Leased Premises for the time period(s) necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such Requesting Airline at times when the use of such facilities shall not interfere with AIRLINE's planned operations or those of its approved sub lessees, licensees or permittees. In determining if AIRLINE shall be required to accommodate a Requesting Airline the CITY shall consider AIRLINE's capabilities, capacity, facilities and therefore, after taking into account AIRLINE's own requirements and contractual obligations, the compatibility of said Requesting Airline's proposed operations with those of AIRLINE, and the need for labor harmony. CITY shall not require AIRLINE to accommodate a Requesting Airline if CITY has unassigned gates which can reasonably accommodate the needs of said Requesting Airline. AIRLINE's accommodation of a Requesting Airline shall be subject to the following: 1) a written agreement between AIRLINE and Requesting Airline, approved in writing by CITY prior to the effective date thereof and, 2) Requesting Airline enters into an agreement with CITY to operate at the Airport. In order to make sure that all users of Airport facilities will be treated equally and that AIRLINE will be properly reimbursed for the use of AIRLINE's Leased Premises. AIRLINE will compute prorated fees and charges based on flight and enplanement data of both airlines and may riot charge more than 100% of the charges AIRLINE is responsible to pay to the CITE for the rights and privileges granted herein. AIRLINE may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15 %) of the specified fees and 42 charges and such fee shall not be considered part of fees and charges. AIRLINE may also charge a reasonable fee to others for the use of AIRLINE' s capital equipment and charge for use of utilities and other services being paid for by AIRLINE. B. AIRLINE shall cooperate with CITY to accommodate other Air Transportation Companies from time to time, as deemed necessary by CITY for situations including, but not limited to unscheduled flights including charters, diversions due to weather, and other circumstances not otherwise accommodated or handled by a Signatory Airline, and scheduled flights for which the Scheduled Air Carrier has no assigned gates Provided, however, AIRLINE shall not be required to accommodate such other Scheduled Air Carriers pursuant to this Paragraph 16.02.13. if all of AIRLINE's gate positions are occupied by AIRLINE's flights or flights of other Scheduled Air Carriers already being accommodated by AIRLINE at the time of said flight needing to be accommodated. For purposes of this provision, the overnight parking of AIRLINE's aircraft at a gate position or parking of AIRLINE's aircraft at a gate position otherthan between one (1) hour oefore arrival or one 1) hour after scheduled departure of AIRLINE' s aircraft shall not be deemed occupation of said gate positior If AIRLINE accommodates such other Scheduled Air Carriers then said other Scheduled Air Carrier shall be required to vacate AIRLINE's gate position at least (1) hour prior to AIRLINE's next scheduled flight arrivalldeparture at said gate position. The accommodated carriershall pay AIRLINE's reasonable costs incurred in removing AIRLINE's aircraftfrom or moving AIRLINE's aircraft to the gate positions. C. Subject to the provisions of Sections 15.01 and 15.02, nothing contained in this Article shall prevent or prohibit AIRLINE from electing to enter into an agreement with other Scheduled Air Carriers authorized to operate at the Airport and desiring the joint use of AIRLINE's Leased Premises as provided in Article 15 herein with approval of CITY D. CITY shall use its best efforts to provide at least one preferentially assigned gate to each Signatory Airline operating at least three (3) flights per weekday. CITY reserves the right to reassign one or more of AIRLINE' s preferentially leased gates to another Signatory Airline(s) if: (1) AIRLINE's scheduled average individual gate utilization falls below three (3) flights per gate per weekday (including charter flights handled by AIRLINE) for any thirty (30) day period, (2) CITY determines that there is a reasonable need for the preferential use of such gate(s), by another Signatory Airline(s), or (3) the new entrant Signatory Airline meets the required three (3) flights per gate per weekday minimum for any thirty (30) day period. Such reassignment will be evidenced by written notice from the Director transmitting a revised Exhibit B. Prior to 43 such reassignment becoming effective, AIRLINE shall have a ninety (90) day period to adjust its schedule to three or more flights per gate per week day so as not to be subject to such reassignment. In the event of reassignment AIRLINE is entitled to reimbursement for the unamortized book value of its tenant improvements and relocation costs. 16.03 Accommodation of Exclusive Use Premises. A. In the event the CITY receives a written request from a Requesting Airline for a type of space leased on an exclusive basis to others, and the Requesting Airline demonstrates to the satisfaction of the CITY that it has contacted all Signatory Airlines at a level above the local station manager and has exhausted all reasonable efforts to find reasonable accommodations for its proposed operations on the Airport, the CITY shall serve written notice to all Signatory Airlines of the CITY' s intention to make a determination, in not less thar fifteen (15) calendar days, as to how the Requesting Airline will be accommodated B. The CITY will be guided by all pertinent factors, including present use and the use planned by AIRLINE for such premises in the one hundred eighty (180) days immediately after the request, the present and planned requirements for Air Transportation Companies that AIRLINE is then accommodating or handling, the compatibility of such Requesting Airline's proposed operations and work force with AIRLINE' s own operations and work force and those of other Air Transportation Companies already using such facilities, and the security of AIRLINE'S operations and the Requesting Airline's operations. C. The CITY may request that planned uses and requirements be documented and submitted in writing to the CITY, and if AIRLINE requests, the CITY shall treat such planned uses and requirements as confidential, proprietary information. D. If the CITY determines that the Requesting Airline can be accommodated on the Exclusive Use Premises, the CITY may: (i) authorize in writing the Requesting Airline to use the AIRLINE's Leased Premises leased to the AIRLINE; (ii) notify AIRLINE in writing of such authorization and the effective date thereof; and (iii) provide to AIRLINE and to such Requesting Airline a written statement specifying the required terms and conditions, if any. including whether the Requesting Airline may handle its aircraft and passengers with its own employees or agents, except that the CITY shall not prescribe the rates and charges to be imposed by AIRLINE upon the Requesting Airline for any services provided by AIRLINE to the Requesting Airline. other than as prescribed in Article 15. 44 E. If AIRLINE is directed to accommodate a Requesting Airline in accordance with this Section, AIRLINE shall make available to the Requesting Airline for the Requesting Airline's use, AIRLINE' s Exclusive Use Premises or such portion thereof as shall be reasonably determined by the CITY. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements This Agreement shall be subordinate to the provisions of any existing or future agreements between CITY and the United States Government or other governmental authority, relative to the operation or maintenance of the Aviation System. the execution of which has been or will be required as a condition precedent to the granting of Federal or other governmental funds for the development of the Aviation System, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. CITY agrees to provide AIRLINE written advance notice of any provisions which would adversely modify the material terms of this Agreement 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Aviation System or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Aviation System by the United States of America. 17.03 Nondiscrimination A. AIRLINE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with the land that (i) no person on the grounds of race color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of AIRLINE's Leased Premises, (ii) in the construction of any improvements on. over, or under AIRLINE's Leased Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and (iii) AIRLINE shall use the AIRLINE's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Airport Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in f=ederally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended. 45 B. AIRLINE acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises (DBE), as said regulations may be amended, and such other similar regulations may be enacted, may be applicable to the activities of AIRLINE under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the Federal Aviation Administration and the U.S. Department of Transportation, in reference thereto. These requirements may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts, which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, CITY shall have the right to cancel this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security AIRLINE must comply with, and require compliance by its sub lessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, or ordinances promulgated by the CITY, the Airport Security Plan ( "ASP'), the Federal Aviation Administration ( "FAA "), Transportation Security Administration ( "TSA ") or other governmental agencies to protect the security and integrity of the Secured Area ( "SA "),the Air Operations Area ( "AOA ") and the Security Identification Display Area ( "SIDA "), as defined by the Airport, the FAA, and TSA. and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, the AIRLINE must adopt procedures to control and limit access to the SA, AOA, and SIDA by the AIRLINE, its sub lessees, and its and their respective contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. AIRLINE further agrees to indemnify, hold harmless, defend and insure the CITY, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by .AIRLINE, its sub lessees or its or their respective contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of AIRLINE, which entry violates CITY, ASP, FAA, or TSA laws, rules, regulations, or ordinances or AIRLINE's Director - approved procedures for controlling access to the SA or SIDA as provided hereinabove. The AIRLINE must obtain employee identification badges for all personnel authorized by the AIRLINE to have access to the SA, AOA, or SIDA, in accordance with the provisions of Federal Aviation Regulations, 49CFR Part 1542, and other laws, rules, regulations and ordinances AIRLINE must pay all fines associated with security breaches /infractions by AIRLINE or its sub lessees and its and their respective agents, officers, business invitees, and employees in the SA, AOA, or SIDA, regardless of whether the fine is assessed to CITY, Airport or Lessee and /or its sub lessees, and its ortheir respective agents, officers, business invitees or employees howeverAIRLINE may contest such fine in accordence with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to AIRLINE hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation or assignment made by CITY in the Master Bond Ordinance No. 024163. CITY and AIRLINE agree that to the extent required by the Master Bond Ordinance No. 024163 or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of CITY hereunder. B. CITY shall notify AIRLINE in advance of any amendments or supplements to the Master Bond Ordinance No 024163 that would materially alter the terms and provisions of this Agreement. CITY and AIRLINE shall use their commercially reasonable efforts to agree on the implementation of any such !material amendments or supplements desired solely by CITY for its own purposes. C. With respect to property leased by the CITY to AIRLINE hereunder which was or is to be acquired by the CITY with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to protect the tax - exempt status of the Bonds. 18.02 Non- waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to cancel this Agreement as provided herein. 18.03 Rights Non - Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except in Exclusive Use Premises, are "non - exclusive" and CITY reserves the right to grant similar privileges to others. 47 18.04 Quiet Enioyment. A. CITY agrees that, so long as AIRLINE' s payment of Rentals, fees and Charges is timely and AIRLINE keeps all covenants and agreements contained herein, AIRLINE shall peaceably have and enjoy AIRLINE's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of AIRLINE's business, AIRLINE agrees that occupancy of AIRLINE's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of AIRLINE's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. AIRLINE shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Aviation Rights. CITY reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport, including AlRLINE's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport 18.07 Rules and Regulations. A. AIRLINE, its officers, employees, agents and others under its control shall observe and obey all laws, regulations, and orders of the Federal, state, county and municipal governments which may be applicable to AIRLINE'S operations at the Airport. B. CITY may from time to time adopt, amend or revise reasonable and non - discriminatory rules and regulations for the conduct of operations at the Airport, for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. AIRLINE, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules and regulations, except as they may conflict with the terms and provisions of this Agreement, or the regulations of another governmental authority having appropriate jurisdiction. 48 C. AIRLINE shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with, any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire term of this Agreement by any Federal, state, or local governmental entity or any cou 1 of law having jurisdiction over AIRLINE or AIRLINE' s operations and activities at the Airport 18.08 Inspection. AIRLINE shall allow CITY's authorized representatives access to AIRLINE'S Leased Premises for the purpose of examining and inspecting said premises; for purposes necessary, incidental to, or connected with the performance of its obligations under this Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advanced notice, CITY shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of AIRLINE'S representative, 18.09 No Individual Liability. No member, officer, agent, director, or employee of CITY or AIRLINE shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other sirrAlar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of rentals, fees and charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. The individuals executing this Agreement personally warrant that they have full authority to execute this Agreement on behalf of the entity for whom they are acting herein. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of extensive negotiations between the parties and shall not be construed against CITY by reason of the preparation of this Agreement by CITY. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. DWJ 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a dart of this Agreement. 18.15 Titles. Paragraph titles are inserted only as a matter of convenience and for reference, and in noway define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severabilitv. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either CITY or AIRLINE in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided in Sections 4.01 and 8.03, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 18.18 Most Favored Nations. CITY covenants and agrees not to enter into any agreement with any Air Transportation Company which (i) makes substantially similar use of the Airport, (ii) operates substantially similar aircraft, and (iii) utilizes substantially similar facilities to that of AIRLINE, which contains more favorable terms than this Agreement, or to grant to any such Scheduled Air Carrier rights or privileges with respect to the Airport which are not afforded to AIRLINE hereunder unless substantially the same terms, rights, privileges and facilities are concurrently made available to AIRLINE. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify. restrict or modify in any manner the provisions of any other Agreement or contract between CITY and AIRLINE authorizing the use of the Airport, its facilities and appurtenances. 18.20 Approvals A. Whenever this Agreement calls for approval by CITY, such approval shall be evidenced by the vwitten approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 50 18.21 Notic . A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given in writing by certified or- registered mail. If intended for CITY, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 orto such other address as may be designated by CITY by written notice to AIRLINE as stipulated above. B. Notices to AIRLINE shall be delivered to: Continental Airlines, Inc. Vice- President Corporate Real Estate Dept HQSPF 1600 Smith Street Houston, TX 77002 orto such other address as may be designated by AIRLINE by written notice to CITY as stipulated above. 18.22 Aunt For Service. It is expressly understood and agreed that if AIRLINE is not a resident of the State of Texas, or is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then in any such event, AIRLINE shall appoint an agent for the purpose of service of process in any court action between it and CITY arising out of or based upon this Agreement. AIRLINE shall immediately notify CITY in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the State of Texas for service upon a non - resident engaging in business in the State. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, AIRLINE may be personally served out of the State of Texas by the registered mailing of such service at the address set forth in Section 18.21. 51 18.23 Governing Law. This Agreement is to be read and construed in accordance with the laws of the State of Texas. The parties hereto agree that any court of proper jurisdiction presiding in Nueces County, Texas shall be the forum for any actions brought hereunder. 18.24 Force Maieure. Except as herein provided, neither CITY nor AIRLINE shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage. or any other circumstances for which it is not responsible orwhich are not within its control. 18.25 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties hereto. It is further understood and agreed by AIRLINE and CITY that CITY and CITY' s agents and AIRLINE and AIRLINE'S agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, except as in this Agreement expressly set forth, and that no claim or liability or cause for termination shall be asserted by either party, and neither party shall be liable by reason of, the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by AIRLINE and CITY. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY F CORPUS CHRISTI Arman o ha a City Secret#y Geo e K. Noe, City Manager APPROVED AS TO LEGAL FORM THIS L DAY OF ( 2007: t. 7 Wendy E Og Assistant0ty Attorney For City Attorney Wj_�g [.q� AUIh Ul - By C"CIL 49PTIA 52 CONTINENTAL AIRLINES, INC. r� Holden Shannon Sr Vice President Global Real Estate and Corporate Security 53 Ill M ;p OR m AIRPORT LAYOUT PLAN CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus ChnA, T—.. 54 EXHIBIT B AIRLINE'S LEASED PREMISES CONTINENTAL AIRLINES The Leased Premises, including Exclusive L; se, Preferential Use, and Common Use Premises, for the AIRLINE are described below: Fig. CI &C2' 1927.66 Square ?eet of ticket counter, office and baggage makeup space for the exclusive use of the Airline: Fig. C3 1416.65 Square feet of crew quarters space for the exclusive use of the Airline Fig. C4 855.92 Square feet of operational space for exclusive use of the Airline Fig. C5 1896.00 Square feet of passenger hold room space for exclusive use of the Airline. Fig. C-7 6002.53 Square teet of space for baggage drop and baggage claim for use in common with others. Fig. C8 206.00 Square feet of space for Baggage service exclusively used for the Airline. Fig. C9 2 Apron position( s) for preferential use of the Airline 55 t LL In 9 a till 56 W W EL w till 56 ------------'WmmPmmomqUAW AmnPWu 00INWAL'AMAREA TIONALAJRPQRT ZZ r'A=-'LFASE AGRMWENT TO DOER"NE THE am -me wvrm4w To 0 CENTERLM MOD BE xcr MAP PfffF APPRC&M BY, 72 57 z 0 in m > 2 m .� 1 o m 0 -4 z § §% TWO 9 z -4 m MT A ;mu o §kjfkm§ ;0 r>(a n 'cc (a U5 m c 0 ca o § @ ch 0 A cn ;mo m in 0 0 ;a 0 X m It m 0 M C) A r. m c I m M cn 58 CORR. Continental Airlines Operations Area CONTINENTAL OPS AREA FIGURE C4 LEASED SPACE CONTINENTAL OPS AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT 855.92 SF NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL. OR IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. KEY MAP CONTINENTAL Dww.6r: VICG C!/7'OF APPRovro er: VICTORG l DAm- 5 -2002 NJ K�� +� "05 -�u AIE -LE oafmwua\sm UWANG -o" 59 } all Qp e Se�ves { M_ onager j Aircraft Supplies ' � I 4 { �V { Ironsoction ounter-7 Utili t_ood I nnin Utility t7 I I t 11 I 12' i Continental Airlines Operations Area CONTINENTAL OPS AREA FIGURE C4 LEASED SPACE CONTINENTAL OPS AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT 855.92 SF NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL. OR IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. KEY MAP CONTINENTAL Dww.6r: VICG C!/7'OF APPRovro er: VICTORG l DAm- 5 -2002 NJ K�� +� "05 -�u AIE -LE oafmwua\sm UWANG -o" 59 i CONTINENTAL HOLDRCOM (1896 ';F) 2083; i 27 - -IC" Corpus Cbriat/lntemomfialmfpw CONTINENTAL AIRLINE HOLDROOM TOTAL 1896 SF GATE 3 FIGURE CS LEASED SPACE CONTINENTAL HOLDROOM CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL, OR, IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. KEY MAP 0 CO MENTAL DWN. BY. J_GRUe WYfF AppRovEo BY. RDZ 89 � CHM oATE. 2 -2007 AffEANIMSKAWW1 PROD. I x .I, C 92 � 8 1 Rill jla, �g F-11 -4 at C3 ;a m > cz: T co, Z� > M> rn � Z5 (A m r- > C) 3: m >D Fn m 0-4 mo m cu > w > m m O z CA cn -n (4) 'n 61 Corpus C MIfitN uffoaWAirport CON WAI NfiuNff MME SERVICE OANCES FIGURE C8 LEASED SPACE CONTINENTAL BAGGAGE SERVICE OFFICES CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL, OR. IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. LL- com n NTAL fx1F�F v,ro er: RDZ DATE: 3 -2007 ,irll�+I11M]!/+K Aq 7 PRW. x AY611lIDI wr 62 lo ool �r�,TNa�cNT H' H' "ONTINENTAE B. S. 0. lo CON WAI NfiuNff MME SERVICE OANCES FIGURE C8 LEASED SPACE CONTINENTAL BAGGAGE SERVICE OFFICES CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL, OR. IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. LL- com n NTAL fx1F�F v,ro er: RDZ DATE: 3 -2007 ,irll�+I11M]!/+K Aq 7 PRW. x AY611lIDI wr 62 N O C) y Z hr Iran ZT mZZO D� Zp-n mOC ZDpC cn r. 0 nom D Z D D ;5-U m0� zDi K (nc m m Z l 98' -5 ? C-3 m az sr a m f*t �l � r � N O C) y Z hr Iran ZT mZZO D� Zp-n mOC ZDpC cn r. 0 nom D Z D D ;5-U m0� zDi K (nc m m Z a, CA w sc as C Z � w w ry c) -' W D D ]> m c M D Q m 3 Gl cl C7 rr, C:3 Z° C3 d a l- n Z - l -A -ri � � cN/f Z d z z-- D Z (4 r Z z M a r*t cy furl D O --� --j Vi cn a D D -4 a a -�� d r r -u r m it 71 Ml Dv - •, C-3 m az sr a m f*t D Q m 3 Gl cl C7 rr, C:3 Z° C3 d a l- n Z - l -A -ri � � cN/f Z d z z-- D Z (4 r Z z M a r*t cy furl D O --� --j Vi cn a D D -4 a a -�� d r r -u r m it 71 Ml it 71 Ml EXHIBIT C TERMINAL LAYOUT ^ ` � gm flf re lk EXHIBIT C TERMINAL LAYOUT ml B iI s�! FIGURE C 2"D FLOOR TERMINAL LAYOUT CORPUS CHRISTI INTERNATIONAL AIRPORT 2007 AIRLINE LEASE AGREEMENT 65 W U Z Z W Z cQ C H m X W z ,7 z d� �4 C m c v v - �� >xsa rnroGUA rd 0 ..0 N .-7 F. S 'r Fr, s 0 ro 0 d u Wliv O G �4 0 0(004 C: m rh e �rA >�4 N o Ica 9 K < �� zz vu zz z z a Z Kz Wa ma H W � z >, H A u U u u z zz a4 w 'i 1m s4 ro a F�4 a +j vu <. zz ou C m 6 N W H ro O W O 5 w ru 14 'A 'A Q) H m 0 N �ro N AOn.. w v � wx u u u U m s1 ,id, ao m m vro (V > A tr) M L o Ell n C U Fi; UF4 QUU r.Q Uri 0_, �4 v .0� m 11 C O x H U w U O (a FCuu > - H rl H v 94 FC4 9 04 zz z Z W�,, w Z u 0 N i u A 2 p' m m q _ a r h G C v U 1 v 4) U v G G a: (b C O y N 0) Si 01 •ter M.0 ro O m m ,, N N v p P Lr a«+ a 11 N U i ii S4 a) u :10 u 41 -ri w ro00ux�.ro a) - i •14 U! a ro G u roc �4 G �4 U si -I r-I �4 H -i u G S C O al .14 v -- to f, i G G G- u N G a-) 11 rA k 1+ u m K ra v :j v G G ii 4J m i U N v L) 11 z W ro H H N 1 �roO,ro1 Svro v '1 -,1 v.H -ri vuvuK 10 3xrl :I Am a i n O 3 " 11 M E N J1 1-' ii a W ii1(] CL 11 O j4 M w 0 0 w H a L O v a u i G 1 ( ) 3 � u C3 Q H a W x C5 -Q v i rt -1 m ra fC v ri) M ro ro 0 A U y U 3 r0 ,4 rt r W v H a •1 �0 V L. a x C S 1D J.1 r rn m m > N m v F Oro O w G z 134 ro EXHIBIT E MONTHLY STATISTICAL REPORT Monti /Year Name of Airline i Passenger Traffic Number of Enplaned Passengers Number of Enpla ned Re-,-,—.-- Passengers Number of Enplaned No--Re,,,. Passengers Number of Deplaned Passengers Number of Deplaned Re.. P#ssengers Number of Deplaned No-i-Rev. Passengers Landing Data i-w Gross Number of Landing Total Total Landings Weight per Seats Weight per Air-craft for t -,e Mont",, Aircraft Typ_e_ Available for Month Aircraft Type ITotal Seats Available I '*tat jWoandi Wq*qht.far Month !Landing Rate $ !Total Due for Landing Fees Cargo Total Freight Total Mail Enplaned Deplaned Enplaned Deplaned FACTOR for the Month: Signature of Company Official i-w EXHIBIT F TERMINAL EQUIPMENT The following is a list of Terminal Equipment that may be in the AIRLINE's Leased Premises and is owned by the CITY and is for the use of the Airlines: Passenger Loading Bridges Potable Water Units for Loading Bridges Passenger Lift MURDS PA System F-V] EXHIBIT G RATES AND CHARGES MODEL Airport Cost Centers A. Terminal Security -The Terminal Security Cost Center is comprised of the operations of the Public Safety and Operations staff to insure the security of the passengers and employees at the Airport and Terminal Building as well as secured areas at the Airport. B. Airfield - The Airfield Cost Center is comprised of the facilities for the support of air navigation and flight activity requirements. The Airfield includes all runways, taxiways, avigation and other easements and ramp areas; approach and clear zones, safety and infield areas, together with all associated landing and navigational aids; landing area buffer requirements and all noise mitigation facilities or costs; and aviation controls and related system requirements. C. Terminal - The Terminal Cost Center includes all passenger terminal facilities, and other related and appurtenant facilities, whether owned, operated, or maintained by the CITY: an airline, or another tenant. D. Ground Transportation - The Ground Transportation Cost Center includes all public and employee parking facilities or areas. Also included are the taxi and limousine waiting areas, and all other facilities that accommodate ground transportation, including rental car ready /return facilities. E. Other- The Aviation Related Cost Center consists of those areas and facilities related to ARFF, general aviation (GA), fixed base operator (FBO) facilities, fueling facilities, hangars, all roadways and access roadways on Airport premises, and any other facilities for the purposes of supporting aviation - related activities. Certain Airport roadways that may be dedicated to a particular purpose or function at the Airport may be designated in the same Cost Center as the particular purpose or function is designated. lodirectCost Center Allocations A. Costs attributable to non - departmental, contingency, CITY cost allocations, and administrative costs that cannot be directly assigned in all departments are allocated .• EXHIBIT "G" RATES & CHARGES MODEL EXHIBIT 'G" SERIES INCLUDES THE FOLLOWING Exhibit G-1 Airport Operating Fund 4610 Requirements Exhibit G-1 1 Aiport Operating Fund Revenues Exhibit G -2 Cost Center Allocations Exhibit G-21 Allocation of O&M Expenses Exhibit G-2.2 Allocation of Debt Service Exhibit G-2.2 1 Allocation of Bond Funded Assets Exhibit G-3 Calculation of Airline Charges Exhibit G -4 Calculation of Net Revenue Distribution and Capital Reserve Appropriation Exhibit G-5 Calculation of Differential Terminal Rates 70 AIRPORT DIVISIONS Airltelr Facilities Custodial Maintenance Parking Lot Bui#ding Maint Public Safety Operations TOTAL Direct O &M Administration OaKating- Transfers: C* Administration Other Interfund Charges TOTAL Indirect O &M EXHIBIT G -1 AIRPORT OPERATING FUND 4610 REQUIREMENTS FY 2007 Total O &M Capital Budget Expenditures Outlay 497.670 435,485 62,185 309.112 309,112 0 546.996 546,996 0 384,904 384,904 0 1,966.139 1,905,539 60,600 1,421,419 1,402,806 18,613 533.818 503,381 30,437 5,660,058 5,488,223 171,835 1.035.459 1,035, 459 0 331.586 15,408 -- - - ---- - - - - -- 346,994 1,382,453 TOTAL O&M REQUIREMENT Operating Reserve Fund - Coverage Reqt. Debt Service - Other Debt Service - 2000 Bonds TOTAL FUND 4610 REQUIREMENTS Aviation Capital Reserve Fund Transfer TOfi'AL BUDGET FOR FUND 4610 Ndle Disclawre Only: PEE& (2) Fund 4621 Debt Service - 2000 Bonds Series A & F 3 7,042,511 (55, 210) 510,582 421,783 $ 7,919,665 320,357 $ 8,240,022 $ 1.163.024 $ 6,870,676 877,154 $ 7,747,830 71 EXHIBIT G -1.1 AIRPORT OPERATING FUND REVENUES FY 2007 Acct 8USHrit Descri Lion Budget ' Airtine Paymmts I ' Airfidd Credit ' ' Tenr i..al Crept ' LA, -Wi. Dept Revenues I 320000 handing _ a 666.486 100% 666,486 - - -- 1,200 - - e 320010 Airline she rental - -, 1,215,517 100% 1.215,517 Advertising concession 65,000 320020 Pro ncttes - _ -.. 285.637 _. 100% 285,637 - 320415 Retail Concessions 320030 uelflow>efees _ - 84,000 _ 100% 84,000 - 320420 ;Airport Bodging Fees -_ - 16.200 320040 320100 320120 Car o F ad ly Rental 1 sale- E*tric Power -Tenn _ Fixed based operator revenue _ 32,056 68,676 62,400 - _ � __.. - _- - 100% 62,400 100°/ - 68,676 100 % 32,856 320130 Security service __- _- 276.566 100% 276,566 - 114,312 - - 320460 320135 320200 Airline JaOWal Services Jt ricultu"Iteases - _ 47,640 - 40,000 - 100°/ 47,640 - 1001/ - 40,000 320230 320250 320300 eni- corrwnercial non - aviation Uffice space rent - tower Gifl shop concession -a _ 231,603 - -- 1 ?4,840 - - -_ 1001/6 114,840 100% 100% 231,603 - 320310 320330 Auto rentgiconcession timousine concession 1.014,180 1.333,023 _ 100% 1,014,180 - 0% 100 239,944 320340 estauralt concession ? ?4 000 Parki flnlsAirpoft 1,725 1001/ 114,000 - 320345 Restaurant Fixed Fee 1,725 320520 - 543,667 - 100 27,183 _. 320360 Automated teller machines -. 1 3.200 100°/ 13,200 320380 elephorMeoncessbns - - -- 1,200 - - 1001/ 1,200 - 320390 Advertising concession 65,000 100% 65,000 320415 Retail Concessions 100% - - 320420 ;Airport Bodging Fees -_ - 16.200 _- - 100% 16,200 320450 TSA -Check Point Fees 114.312 10 (M 114,312 - 320460 Terminal Space Renal -Other 393.815 100% 393,815 320470 TSA Buitdout Fee 162,552 100% 162,552 320500 arki 1.333,023 _ 32.0% 1.093.079 18.0% 239,944 0.0% - _320510 Parki flnlsAirpoft 1,725 - - 100% 1,725 320520 remtumered Parking tent-a-car 543,667 5% 27,183 6% 32,620 89% 483,864 320560 rkin 55.440 - - 100°/ 55,440 320570 a- ent -c curity Fee 186.000 46% 85,002 54% 100,998 320610 Trashhaiding - caterer _ 1.944 100% 1,944 - 320650 Ground trpnsportatior, _ 153 444 _ 100 % 153,444 320710 Otherrevenue - _1.500 - 100% 1,500 340900 }merest on investments 170.764 - - - 100% 170,764 343500 Oil and 9" leases 540.000 10% 54,000 90% 466,000 3_43501 - Oil and s leases- Interde _ 60'000 10% 6,000 - 90% 54,000 TOTAL NUE $ 8,068,187 $ 2,444,206 $ 1,326,662 $ 2,306,373 $ 1,990,945 5.623.980.78 kl ay t,e adjusted if rates vary -Mite than 1v or aviation net revs are less than FY2004 Original %for Parking tot Revenue 47% 29% 24% FY ?005 Terminal Rate: (wiout Cont Mw Facilfi{) 50.53 FY 04 Weighted Avg Rate 45.14 10 rarlance 4.51 49.65 Changed Parking Rev Allocation to. 491%, 36% 15! FY2006 Terminal Rate 57.05 FY05 Terlininal Rate 47.60 Greater than 10°,:, variance_ 9.45 1 Changed Parking Rev Allocation to: 56.5%, 43.5'/„ 011"o 2 Changed Covered Parking Allocation. From 100° o To S% 6% 891/;, 3 Changed Allocation of Rent a Car Security Fee to credit Terminal Cost Center for pass thru amount. From 100`1" To 46% 541/. (Was in Parting Cost Center; transferred to Operations Cost Center) FY2007 L -,,i„aFar 1,44 FY 06 Landing Fee 1.22 Greater than 10 "/. Variance 0.22 1 Changed Parking Rev Allocation tot 821X, 18% 72 DIRECT COST CENTERS Terminal Security Airfield Terminal Parking Other Total Source Exhibit EXHIBIT G -2 ;COST CENTER ALLOCATIONS FY 2007 Direct Indirect Debt O &M O&M Service 220 918 55,648 1,773087 446,631 2,405 755 605,997 703 989 177,331 384 473 96,847 5,488,223 $ 1,382,453 $ -2.1 G -2.1 59,068 510,138 174,878 133,070 877,154 $ G -2.2 TOTAL COSTS 276,566 2,278,785 3,521,890 1,056,198 614,391 7,747,830 73 EXHIBIT G -2.1 ALLOCATION OF O&M EXPENSES 'rY 20Ct' % of ALLOCATION OFDIVISION DIVISIONS Total Clrect BUDGET TO COST CENTERS Airfield Facilities Custodial Parkmg Bldg Maint P. Safety Operations Direct 0 &M O &M COST CENTERS Iermvial Seri; ' j % 1 0% tnr 'na�7s a non . kF r_,Ai i Oh„ % 210% -ote 4 oc aGr.r t J , % DIVISION BUDGW AMOUNT 435,485 309.'.12 546,99E 384.904 1,905,539 "erg ital -�ac ;jr :'v a JF' -7 43 274 "errnra� �1, ,1 _'),64, ,th �—oartr. atron a,4: (;A.) i- C 2 , Total Allocation 435.485 309. `:12 54699E 384.904 1,905,539 `a - Flior_at or poreertage per mania I( 117 "h _ Al —at or hased 1 ^,r;tnblltron " 1 -..nn x 140% 42.0% 27.0% 4 -0% 13.0% l0U U% 1,402,806 196.2'+3 589,175 378,758 12 . ih5 1.402,806 Operating TOTAL Admin Transfers O &M 00% 500% 100% 250% 150% 100 0% 503,381 5,488,223 1,036,459 346,994 6,870,676 - 220,918 4 -0% 41,620 13,968 276,566 25, 691 1,773,087 32.3% 334,527 112,104 2,219,718 50,338 2,405,755 43.8% 453,892 152,104 3,011,751 12`, 345 703,989 12 8% 132,521 44,510 881,320 -` 1107 384,473 7.0% 72,538 24,308 481,320 503,381 5,486,223 100.0% 1,035,459 346,994 6,870,676 ro it " FY 1 J6 ChAN-_ED A- ,.0_ATION 0)R A -1- A -F UE -L �'AN'�� n'- 4 -tCURI? G-,ARDS TL THIS -OST CENTER FROM PARMN,) C ^ST CENTER Previous AllocaYin: Tefmir11 Seeur ty Ai fielc `xmir al 18'H ,. _, 5.0% " F - _HANGED N.-L :CATIOPl -,I IF 1 - BREAKS I r OF OM OPERA.I N7- C0�f ;ENTER Terminal SecurN 30.0% 0.0% Airfiel ^_ 30,0% 50.0% ?errnnai 25 0% 90.0% -arks'_: 5.u% 250% '110% 1113% 74 ALLOCATION OF ANNUAL DEBT SERVICE COST CENTER Airfield -rerminal parking Other Total Source Exhibit EXHIBIT G -2.2 ALLOCATION OF DEBT SERVICE FY 2007 % of Distribution of Bond - funded Assets by Cost Center 6.7% 58.2% 19.9% 15.2% 100.0% G -2.2.1 Amount of Debt Service 877,1'54 59,068 510,138 174,878 133,070 877,154 75 Parking Other TOTAL EXHIBIT G -2.2.1 3,026 BOND FUNDED ASSETS 74,368 FY 2007 77,702 Bond - Funded Projects 26,855 Airfield Terminal Fire Suppression System 597,248 115,348 115,348 R/W. TNV, Aprons 829,566 14 730 244,093 C/C Security, Bag Claim 8,269 11,000 11,575 74.368 Rertal Car Lot 206,523 19,454 Landscaping 5,000 301,752 565,052 Commercial Romp 1,263,025 126.697 39,787 Main Parking Lot 18,865 125,954 113,500 Ramp Space 1,036,205 136,052 229,683 Terminal Building improvements 34,916 829,566 T/W and R/W 13131 244.093 39,005 Security Fencing 8.269 Airport Master Plan 391.914 11.000 11.000 G A Apron 293,192 RNV 17 -35 19.454 Airport Energy Conservation 5.000 Concourse and Holdroom 565.052 Ticket Wing Expansion 1,263.025 Landscaping Study Terminal Air Conditioning 18.865 Graphics 113.500 Terminal Rooll -IVAC- 1,036.205 RNV 17/35 229,683 TOTAL FYI 981 -87 653,926 3,916,581 CFR Vehicle 47.893 Signage and Landscaping Airport Entrance Sign TOTAL FYI 988 47,893 0 Reconstruct Fire Eqpt. 17,209 ARFF Vehicle 28,116 Parking Lot Runway 17 -35 142,460 TNY Rehab for RNV 13/31 117.667 Signage and Landscaping TOTAL FYI 989 305,452 0 Master Plan Land Acquisition TOTAL FYI 99^ 0 0 Tenninai Interior 34,916 Teminal Expansion 1,325,416 Terminal A/C fpr Concourse 39,005 Tower HVAC 1.684 Terminal Concourse & Holdroom 391.914 Service Centel RootlHVAC/Canoay 913,612 TNV J & Corriii0ercial Apron 293,192 TOTAL FYI 997 293,192 2,706,547 Taxiway Rehatr 13 -31 233,336 Taxiway J Coftn Apron _ _ 33,297 TOTAL FYI 993 266,633 0 Parking Other TOTAL 3,026 3,026 14,730 74,368 77,702 77,702 26,855 26,855 0 126,697 597,248 597,248 115,348 115,348 829,566 28,116 244,093 8,269 11,000 11,575 44,575 206,523 206,523 19,454 5,000 301,752 565,052 301,752 1,263,025 39,787 39,787 10,098 18,865 125,954 113,500 0 1,036,205 136,052 229,683 608,248 480,816 5,659,571 47,893 22,277 22,277 52,632 52,632 0 52,632 100,525 17,209 28,116 97,540 97,540 142,460 117,667 301,752 301,752 97,540 301,752 704,744 10,098 10,098 125,954 125,954 0 136,052 136,052 34,916 1,325,416 39,005 1,684 391.914 913,612 293,192 0 0 2,999,739 233,336 33,297 0 0 266,633 76 EXHIBIT G -2.2.1 BOND FUNDED ASSETS FY 2005 Bond -FTVed Projects Airfield Terminal Parking/R4venue Control System Parking Lot Improvements Fencing/ACcess Control 99.461; G A Apron Ext, Fillet Widening Gen Avn Apron /Taxiway Ltc Boiler /Coder Tower Replacement TOTAL FYI 994 99,466 Terminal Renovation -Roof 181,252 A/F Drainage Imo., Security Perimeter Pd. _ 164,700 TOTAL FYI 995 164,700 Baler /Coder Tower Replacement _ Terminal Relocate Airline Terminal Stec Rm/Door Repi 58,618 TOTAL FYI 997 _ tl Emergency Generator 58,618 Electrical 8nprovements /3weeper/Lift 5+ 7,697 27.176 larking Other TOTAL 17,714 17,714 19,681 19,681 99,466 156,151 156,151 179,924 179,924 27.176 27,176 37,395 336,075 500,112 161 419 161,419 164,700 161,419 0 0 326,119 26.098 26,098 168.765 168,765 8,646 8,646 203,509 0 0 203,509 181.252 - 181,252 - 7,697 77 TOTAL FYI 998 7,697 181,252 - 188,949 Terminal Space Study Plan _ 58.618 58,618 TOTAL FY7001 _ 58,618 - - 58,618 ARFF Vehicle 59,87 59,871 West Apron Improvements 15.656 15,656 Parking and Roadway Improvements 15,340 16,430 31,770 Terminal Improvements _ - 2,502,745 - - 2,502,745 TOTAL FY2002 75,527 2,502,745 15,340 16,430 2,610,042 Terminal Improvements 2,756,322 - - 2,756,322 Parking and Roadway Improvements 3,187,159 1,986,983 5,174,142 TOTAL FY2003 - 2,756,322 3,187,159 1,986,983 7,930,464 Terminal Improvements 2,790,575 - - 2,790,575 Parking and Roadway Improvements _ - - 420,275 541,349 961,624 TOTAL FY2004 2,790,575 420,275 541,349 3,752,199 Terminalllhprovernents 955.923 - - 955,923 Parking and Roadway Improvements - 1,242,519 (21,281) 1,221,238 TOTAL FY2005 955,923 1,242,519 (21,281) 2,177,161 Terminal Improvements 273,831 273,631 Parking and Roadway Improvements 59,625 482,239 541,864 TOTAL FY2006 Estimate __ 273,831 59,625 482,239 815,694 BOND - FUNDED PROJECTS FYI 981-2003 1,914,486 16,534,498 5,668,101 4,313,047 28,430,131 % Distribation 6.704. 58.2 %v 19.9°/0 15.2% 100.0% 77 EXHIBIT G -3 CALCULATION OF AIRLINE CHARGES SIG TORY AIRLINE TERMINAL RENT Terminal Costs Pnor FY Reconciliation n- Terminal Revenue Credits Net Allowable Cost Airline Leased Square Footage WEIGHTED AVERAGE RATE PSF Airline Exclusive & Preferental Use Leased Space Total Airline Terminal Rent SIGMTORY AIRLINE COMMON USE CHARGES Common Use Baggage Claim Area Square Footage Cost of Areas @ Weighted Average Rate PSF `erminal Security Costs Less Terminal Security Cost Recovery Net Terminal Security Cost Net Allowable Costs SIGNATORY AIRLINE LANDING FEES Airfield Costs Pnor FY Reconciliation Airfield Revenue Credit Net Allowable Cost Landing Area Q 70% Projected Landed Weight Landing Fee Rate SIGNATORY AIRLINE APRON) FEE Apron Area @ 30% Apron Charge per preferential position Apron Charge for joint use positions SIGNATORY APRON OVERNIGHT PARKING FEE FEDERAL INSPECTION SERVICES (FIS) FEE FY2007 3.521,890 Source Exhibit G -2 Cost Center Allocations (2,306,373) Source Exhibit G -1 -1 Revenues 1,215,517 25,980 Subject to adjustment. Includes CU Bag Areas S 46.79 19,977 Subject to adjustment. 934,656 _ 6,003 280,860 276,566 Source Exhibit G-2 Cost Center Allocations 276,566 $ 557,426 20180 °� Recovery of Cost based on enplanements 2.278,785 Source Exhibit G-2 Cost Center Allocations (1,326,662) Source Exhibit G -1 -1 Revenues 952,123 666,486 528,907 1.26 285,637 $ 57,127 lFor five preferential positions 0 20/80% Recovery of Cost based on enplanements $ 100.00 $ 2.50 per passenger GE AND SECURITY USAGE FEE $ 1.00 (per passenger) OR Y USE FEE $ 3.73 (per passenger) t baggage, security, holdroom, and bridge usage) G FEE (per 1,000 lbs. of gross certificated weight) $ 1.58 PARKING FEE $ 35.70 OVERNIGHT PARKING FEE $ 125.00 Ameritan Eagle ASA CO Express Southwest Annual Weight Lanlmg Reports Wliotpa Month User: 1,393.187 r4,':6 2.820,000 04.•C6 ".938,395 04.i06 ?.324,000 04,1�6 44,075.582 528,306,984 EXHIBIT G4 CALCULATION OF NET REVENUE DISTRIBUTION AND CAPITAL RESERVE APPROPRIATION FY2007 Source Exhibit G -1 -1 Revenues Account DescriWon Amount Cargo Facility Rental 32,856 Agricultural leases 40,000 Rent - commercial non- aviation 231,603 Office space rent - tower 0 Limousine concession 0 Airport Badging Fees 16,200 Restaurant Fixed Fee 0 TSA Buildout Fee 162,552 Parking Lot 0 Covered Parking Premium 483,864 Parking fines - Airport 1,725 Rent -a -car parking 55,440 Rent -a -car Security Fee 100,998 Ground transportation 153,444 Other revenue 1,500 interest on investments 170,764 Oil and gas leases 486,000 Oil and gas leases 54,000 TOTAL Aviation Department Revenues $ 1,990,945 _ess Parking and Other Requirements (1,670,589) Net Revenue Distribution to: Aviation Capital Reserve Fund $ 320,357 in the event the distribution to the Aviation Capital Reserve Fund exceeds the matching (other) funds designated on the Airport Capital Improvement Plan for the next five years beginning with the current fiscal year plus 33% of the total budgeted expenditures of Fund 4610, the City and AIRLINE shall share equally in the excess amount, crediting AIRLINE in the form of reduced landing fees and and rental rates in proportion to their respective expenses 79 G-5 CALCULATION OF DIFFERENTIAL TERMINAL RATES FY2007 Airline Terminal costs for FY2007 934,656 [a] Maximum terminal rental rate $ 48.26 [ep[ay[d] 8 C;, (b] [c] [`11= [br(c1 [fHe1 "[c1 (gIr-[bllf] Total Weighted Rentable Rentable Weighted Rental Space Classifications Square Feet Weights 11 Square Feet Rental Rates Calcgiation 12 Class 1 space —ATO 8,632 1 0C 8,63- $ 48.26 S 416,542 Class 1a— Holdroom 7,607 1.00 7,6C% $ 48.26 S 367,080 Class 2 space —Ops 2,176 0.9C 1,955 $ 43.43 S 94,504 Class 3 space —Cargo St 1,562 075 1,172 $ 36.19 S 56,531 Class 4 space — Fenced Eq - 025 $ 12,06 $ - Total 19,977 19,369 S 934,656 8 C;, F O R M S S P E C I A L P R O V I S I O N S P E C I F I C A T I O N S A N D O F C O N T R A T S A N D F O R B O N O -f ii (Revi ed ADA COMPLIANCE - CURB RAMP IMPROVMENTS SPOHN MEWRIAL HOSPITAL AREA, & MARY GRETT CUNNINGHAM /CHULA VISTA SCHOOL AREAS Table of Contents NOTICE TO BIDDERS (Re-.ised 1; 00 NOTICE TO CONTRACTORS - A F.ev i sed Sept. 2000 ) Insurance Requirement NOTICE TO CONTRACTORS - B - FevisF -d 7/5/0( ) Worker's Compensation Coverage For Building or Construction Projects For Governmer;- Entities PART A - SPZCIAL PROVISIONS A -1 i'imF irld Place of Receiving Froposals /Pre -Bid Meeting A -1 Definitions and Abbreviati -ns A- J Dssr:r ption of Pr0?ct A - -- Method of Award A -'� `tems to be Submitted with Proposal A-6 '['ime «f Completion/ t,iquidared Damages A- -7 Workers Compensatie.n Insursnce Coverage A - -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised /5 /OO) A -11 f'ooperation with Public Aq�encies (Revised 7;5 /00) A -12 Maintenance of Services A- 7.3 Area Access :3,-id Traffic Coi -rol A-:4 Construction Equipment Spi iage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Mater-,,:'Ls A-14 �� }d n�rriz� Not Us�'d. A -18 Schedule and Sequen:-.e of COnStrl1ct1iOn A -19 Co#lstruction Staking] A -20 Test ir:g and Certi f i ration A -21 ?reject Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) i�ecjr�i- -ems ',oierf#,t6B� Not Used. A -24 Sulrety Bonds A -25 Sale) Tax Exemption NO LONGER APPLICABLE ((./11/98) * A -16 Supplemental insurar.ce RegLi.rements J1 -7 'y per- rage -s Not Used. A -28 Considerations; for Contract Award and Execution A -29 Coat actor's Field Administration Staff A -30 Amended "Considerat - on of !contract" Requirements A -31 AmOnded Policy on Extra Work and Change Orders A -32 Am4nded "Execution cf Contract" Requirements A -33 Conditions of Work A -34 Pr *cedence of Contract Documents A-3S- F:-i- ry Wale � ntie9- �pe�v1 I:c t =; Not Used. A -36 Other Submittals (Revised 9/18;00) A -7 r ..,age _ .,, Not Used. - �a- r�e�+e�t -and - ten, A -38 Worker's Compensation Coverage for Building or Construction Projects for + -)Vernment Entities A ?9 Ce-, t ifica F )c: Lipari( y _ nd , inal Acceptance -4C� Amerdment >e_t-or. R -8 -t.: P_irtial E_-,timates a 41 -$zviy Nr,* Usec. A -41 OSHA Rules S Regulations -4 " <, Amer-ded indemnification 5 Ho AA Harmless (9/98) A -44 Charge Orders (4/.6/99, A -4`- k- Euilt Dimensions ;:r-d Lrawiags (7/5,100) A-4b is �aeral ef +4ghiy r Ghl f., to +e -4:1/5/00) Not Used rkEpiFlraFj�/ -r .+: Not_ Used. A -4B Ov, - r )ead F'� ectri 1 W- re: (7151/00) A -49 Amr -r.d "N.aintenara Cu- >- -ar'y" (8/24/00'x -50 Er rcrs anct Or., i s _ .ns -51 Cc"rit aminat f'ci Sc 5 -5F' Re -zi lions t the tandare, npe._ ifications A =# €t.��;rnz- tg�tt- ie3P�e Not Used. A 4 S mwater PoI lu` on Pre, F nt i or; Elan SubmItt,- 1 Trar sm. -t tai F ,rm T- t achxtent I- E~ ect gn D ~a4 t nq 4- tac,hmF -;t II - t-y of Ccrpis 'Jiristi Generator's Waste Profile Sheet PART 8 - GENERAL PROVISIONS PART G - FEDERALLY REQUIRED LANGUAGE PART S - STANDARD SPECIFICATIONS DIVISN 2 Section i %210,0 Se-cJ on �`2104C) Sect on `cec' m ;2.2420 >ect on )25205 er,t : an Sect m Sect -on Sect or Sect_an Sect on Se:-.t on .;ect ion Sect _on 'Sect or., 25404 !254 12 )25424 :;2561 0 )25612 025614 ;25809 28020 }28300 12832;) DIVISN 3 Section -)30C2C Sect i.or )3202(' e�t�ar >3800C >ite ea! 1m; and 3trippig (,S-5) ,-5) ,ite G-ading ) ,crlec+ Materi,i i:; 5) ) i_].t ance (S 97 ) �:vement Repay , -,i- b, Gut -er, Sidewalk, & Driveway aspha. t, ; ")i.ls & Erm l -sions (S -29) -rime _,oat (S -30 ) j t Mix Aspha _ t Cc'�ncrete Pavement (Class A) (S-34) n-rete Curb & = .utter (S -52) on, -rk -Le Sidewalks and Driveways (S -53) "- )n:.r( to 7 ur1: Ramps I'empotary Tral-fi( `controls During Construction Tnermc,alast.i 3trtcing (TxDOT D -9 -8220) :;eedinq 1S -14 Relocation of Fen s (S -12) 'ha-:-. 1,ir H F'-, -ce (5 -70) _end -- emer_t C -Increte (S - -40) R.einfc rcii:a -'-eel ;S -42) n -_ to t r,,. tu-'' (S -41 PART T - TECHNICAL SPECIFICATIONS section ;01265 TPGE,", Stor_r, Water Pollution Prevention Plan LIST OF D9IRAWINGS ' NOTICE AGRE4ENT PROPOSAL/iISCLOSURE STATEMENT PERF RMAACE BOND PAYM T BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed prcposals, addressed tc, the --ity of 'orpus Christi, Texas for: ADA COMPLIANCE CURB RAMP IMPROVEMENTS —PART 'A' Spohn Memorial Hospital Area; PROJECT NO. 62 . shall invc,lve the ^ onstruction of new curb ramps along Morgan Avenue and Buford Street and 4 new curb ramps and approximately 2,867 SF of new sidewalk along the north side c Hospital Boule-aard frvri 19th Street to the front entrance of Spohn Memorial Hospita including limited ,sidewalk and pavement reconstruction, fence relocations, and installi; azid maintaining traffic contro'_ and storm water pollution control measures. AND Ana CU40LXANCE CLW RAMP ART 'B' Mary Crett CLmningbam/Cbla Vista School Areas; PROJB= M. 6. shall involve the construction of 14 new curb ramps along Shaw and Stafford Street constructing 2 new curb ramps at the intersection of Prescott and Yale, 2 new curb ramps Prescott and Sherman, and 2 new curb ramps at Prescott and Hudson including limited sidewa and pavement reconstru(?tion, fence relocations, and installing and maintaining traff �ontrA -cnd storm water polluti -n control measures. All work shall meet the current requirements /standards of the American with Disabilities A 'ADA) and the Texas Department of Licensing and Regulation (TDLR) and shall be in accordan with the plans, specifications -ind contract documents; Will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, Marc 7,2007, and then publicly opened and read. Any bid received after closing time will 1 returned unopened. A pre -bid meeting -is scheduled nor Tuesday February 28,2007 beginning at 10:00 AM and wig be conducted by the City, and will include a discussion covering a preview of the work ai address technical questions. The location of the meeting will be the Department c EnZine4wing .Services Main Conference Room, Third Floor City Hall, 1201 Ltopard Street veyus Bri L, Texas. This project is funded through the Community Development Act of 1974 with funds approved i FY 2002 and FY 2006. Approximately 100% of the total estimated project cost will be funde through this source. =s bid bond in the amount of 5% of the highest amount bid mu: " accompary each proposal. Failure to provide the bid bond will constitute a non- responsiz proposal which will. not be considered. Failure to provide required performance and paymer bonds for contracts over $25,00).00 will result in forfeiture of the 5% bid bond to the Cit as liquidated damages. Aidderl:; plan deposit is subject to mandatory forfeiture to the Cit ` if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the Cit Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their retux Jr. good �:cndition within two weeks of bid date. Documents can be obtained by mail upc receipt of an additional ($10.00 which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail i the locality in which ti,is wore is to be done and that such wage scale is set out in tl contract documents obtainable at the office of the City Engineer and the Contractor shat pay not less than the wage rate: so shown for each craft or type of "laborer," "workman," c "mechanic" employer" -)n, t,.is pro f,ct The City reserves the right to �t,ject any or all bids, to waive irregularities and to accel the bid which, in the City's ol) ;.nion, seems most advantageous to the City and in the bes interest of the public. CITY OF CORPUS CHRISTI, TEXAS ;'s- Angel R. Escobar, P.E. Director of Engineering Services Armando Chapa City Secretary Revised ^.'5!00 INT"OPTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Pe -ised May, 2006 A Certiticate of Insur-ince in, cating proof of coverage in the following amounts !s required: TYPE OF INSURANCE MINn4N INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE 'ommercial General Lial� :lity ircluding: $2,000,000 COMBINED SINGLE LIMIT I. Commercial Form Premises Ooeratiors . ExpLOSion and Collapse H.;zard 4, Undergrounc Hazard Products/ Completed Oper -tions Hazard Contractual Liao, -lity Broad Form Property Damac.e 8. Independent Contractors Personal Injury AUTOMOQILF. LIABILITY OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS` :)MPENSATIJN COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPCOYRRS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAI:RMEN'I COVERA' E Not l mi`ed to sudden 6 acciden - -al t! REQUIRED discharge; to include Icng -tern X NOT REQUIRED env.irorUn(->nt al impact for the di posal of contaminant -S See Section B -6 -11 and Supplemental BUI'.DERS' "ISK Insurance Requirements REQUIRED X NOT REQUIRED INSTAI,I,A'!'It)N FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi mus be named as an additional insured on all coverages except wc- 4:er':, )bility coverage. The name of the Project must rle 1i_sted under "description of operations" on each err: 4 ica` of i )s - rancr. . For each insurance :(J%,erage, -he -:ontrdct:or shall obtain an endorsement to the appicabie insurance policy, signed by the insurer, providing the City with thirty _. 30 Aay prior Si- itte,) not is cancer1lation of or material change on any .: The I oriLractor Li ha F,_ovide to the City the other endorsements to insurance policies or coverage,, which are ;peci.fied in section B -6 -11 or Special �'ro, =isio;,s section of t!-e contr.ct comi::ler -" "Disclosure of Interest " must b,, s.ibmit ted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contracot Administrator at 880 - 3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WOR E7 ' S CO: -'_ = itiSATION COVERAGE. FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES `exas law requires that -.ost contractors, subccntractors, and others -)roviding worx or services for a City building or construction pro e_t must be covered by worker s compensation insurance, authorized sel - _-surance, or an rpprcved worker's compensation coverage agreement Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) tt provide 1 cf the 3 forms of worker's compensation coverage, the C:tv will require such coverage for all individuals providing work or =er %:ices on this Project at any time, including during the mai-7e.rance guaranty period. -otor carriers which are required to registQ_- with the Texas Depart --.ent of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not -:rc%,ide 1 of the 3 forms cf worker's compensation coverage. The Contractor aarees comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of whit:: __ attached and deemed Incorporated into the project contract. Please note that under sect.icn 110.110: 1. certain ?anguage Tust be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors Ind others providing services for the Project; �. the Contractor -s required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project- The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the requ_r °d notice at the job site. By signing this Contract, _he Contractor certifies that it will timely omv with these Notice t:, Ccntractors "5" requirements. NOTICE 70 CONTRACTORS - B {Revises 1113/981 Page 1 of 7 6/7/18 L. J i itle ?S. fNSIL_LA`CL. Fart II. TEXAS 1; "'OPKERS' CO.IPENSATIO \' CO.NI-NIISSIO Chapter 110. REQt TRED NOTICES OF COVERAGE `ubchapter B. EMPLOYER NOTICES 110.110 Reuortina Reauiremeats for Building or Construction Projects for Governmental Entities (a) T:he followine words and terms, when used in this ruie, shall have the following meanings, unless the context c:erriv indicates otherArise. Terns not defined in this rule snail have the meaning dedned m the Texas Labor Code, so define. (1) Cei- tiftc::e 01 cove zee (ce ^inw.e, -= ccov of a ce:,.iueate cf : surance, a certificate of autnor-in, to seif- insure Issued by the c.cmmissien, c, a workers' compensation coverage ai reement (TWCC -81, TWCC -o2, T�VCC -S3, or T�'JCC -S4), showing statutory workers' compensation insurance coverage for the person's or entity s employees (inciuding those subject to a coverage agreement) providinc services on a oroject, for the durauon of the project. (2) Building or (,onsuuct.on —Has ire me -^.ing defined in the Texas Labor Code, § 406.096(e)(I). (3) C.)ntractc.- person. bidding for or awarded a building or construction project by a governmental entirr (4) C Overage — Workers zomaensation irns:rance meeting the statutory requirements of the Texas Labor Code, ; 401.0' ': (44) 5) Coverage agreement - -A w�ntte_, a� W r eement on form TCC -o1. form TWCC -82, for m T-WCC -S3, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relibon.SbiD between the parties for purposes of the Texas Workers` Compensation Act, pursuant to tho Texas Lbor Code, Chapter 406, Subchapters F and G, as one of employer /employee and es*blishrs who will be respoasble for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project— Iricludes the time from the beginning cf work on the project until tl:e work on the project has heen compiete. _-:d accented by the governmental entity- (7) Persons F:aviding se ^.ices on the prole.,. ("subcontractor" u. 3 406.096 of the Act) —« nth the exception of persons excluded under suosecuons (h) and (i) of this section, includes all persons or entities petiorminiz all or pan of the services the contractor has undertaken to perform on the project, reeardless o: whether treat person ontrac:ed directly with the contractor and reeardless of whether that person his ernolove °s. �.is ir•ciudes but is not limited to indecendent contractors, subcontractors. leasing comeanies, motor carriers. owner- operators, employees of any such entity, or employees of , nv entity fLrr ishina per -ons ro pe- for--t services on the project. "Services" includes but is not li.^ ted +OTICE TO CONTRACTORS - - Revised 1/13/95) 8/7198 htto-j; .� -,�/w sc s sate t, _:.,tac , 0 110 htmi Page 2 of 7 Pace 2 5 _cutc,:.eat cr -___^ is. Cr providing labor, transcc-.2,:cn or :o a prole-. Sen�ces" d;;CS not i:.:.,.J, a e_ ott e: cti:a: ^:elated to the proiec�. ch s :•enaors, c:_.ce suopiv debveries, z_ ceiivery of cor- _able toilets. _:dudes the pro, ion O' all services r2.a :ec to a cui ";Ln2 or construction C- .- -.Tact for a Bove Oar :a -:tutu ;b} Prc. ;air.2 or causing to be provided a certificz :e or-coverage pursuant to this ruie is z representa::c. by the insured :hat all ernpioyees of ;e insured Wilo are pro,%zding services on the project a.-e cc•rered by wortcers' compensation cove.-age, that the coverage is based on orooer repo€ti.ttc of ciassincation codes and payroll amounts, and that all coverage agreements have been filed with e.e aoprooriate insurance carrier or, in the case of a self - insured, with the commission's Division of Serf- Lnsurance Re¢uiaticr Providing false or misleading ceti cater of coverage, or :ailing to provide or r- aintain required coverage, or failing to report any c :.ange that materially aiiecs the provision of coverage may subject the contractor or other person providing services on the project to adminisuaus•e penalties, criminal penalties, civil penalties, or other civil actions. ( ) A gcvc. -- entai eriuty u.at enters into a buildi;.2 or construc:.:on contract on a project s :all: (1) :nciude ir the bid specifi rations, all the provisions of paragraph (7) of this subsection, Using the language required by paragraph (7) of this subsecticn: (2) as part of Late contract, using the language reauired by paragraph (7) of this subsection, require the contrac;o: to perform as required in subsection (d) of this section; (3) obtain "cm the contractor a certificate of coverage for each person providing services on the project, ,nor to that person beginning work on the project; (4) obtain fi'cm the conLractor a new certificate of coverage showing extension of coverage: (A) before tre end of the cu.-rent coverage period, i< ate contractor's current certificate of coverage shows t]-at the coverage period ends during the duration of the croiect; and (B) no after tta.n seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duratift of the project; (5) retain c °: tincates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the ce: incates of coverage to the commission upon request and to arty person entitled ,hem by law, and (7) use *.ite is wage contained in the following Figure 1 for bid specifications and eontrac :s. without any additiortzi words or changes, except those reauired to accommodate the specific docurnent in which tt:el., ��e contained cr .o impose stricter standards of documentation.- 1-28S 110 1 1 W.c)(7) W NOTICE TO CONTRACTCRS - 0 Revised 1/13/98! http_ii �r vu sns.state.tx ushac :g,�/I I O /B /I IC? 110.htrri Page 3 of 7 817/98 1 1 r Page _3 of 6 ?. contractor snai;. i ? provide coverage for its empicvees croviaing services on a project, : the duration of the project -aced on proper reposing of classi-:ca *en codes and pa }TCU amounts arc zg of any coverage ;agreements; provide a certificate of coverage snowing workers' compensation coverage to the governmental entity prior to beginning work on --he project; 3) provide the governmental emir;, p ^or to the end of the coverage period. a. new certificate of coverage showing extension of cevera¢e, if the coverage period shown on u ^e contractor's current rcrrificate of coverage ends durir,2 t ^e duration of the project; (4) obtain from each person providing services on a project, and provide to tare governmenal entity: (A) a certificate of coverage, prior tc that person beginning work on the proiect, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on e project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates o: coverage on file for the duration of the project and for one year thereafter: (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have mown, of any change that materially affects the provision of coverage of any person providing se vices on the project; (7) past a notice on each project site informing all persons providing services on the project that they a a required to be covered, and stating how a person may verify current coverz2_e and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commiitsion rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COWENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. _.-is includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, re2ard'.ess of the identiry of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." NOTICE 'O CONTRACTORS - B Revised 1/13/981 8/798 `:rtp_hwww sos.state.tx us/tac/2S,,U/1 :0/13/110.1 10_html Page 4 of I S T C x ]] 0 rage a or 4 (8) cc ac :riiv rep i e taco perse n her - : -. contract:; : �o�ide serti'Ices e- s -roject to: (A) provide coverage oasea on proper reporting of classification codes and pavroii az-counts and filing of anti• coverage agreements for of :s e.reiev_ ees proviai. ^.c se ^.ices en the proiec--., for the duration of the proiect; B) provide a certifi=—, e: overace to the contractor prior to that person be¢inrLm2 -.work on the proje ;: - (C) induce in ail contracts :c provide services cr the project zhe iznguage in subsea en (e)(3) of this s ec,11C rt (D) provide the contraczc., prior to the end of the coverage penod, a new cer nc.:_e of coverage shown* extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other Gerson with whom it contracts, and provide to the contractor: 6) a ce.cate of coverage, prior to the other person beginning work on the project; =d (d) prior to the end of the coverage period, a new certificate of coverage showing emersion of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (h7 retain all required certificates of coverage on file for the duration of the project =d for one year thereaite: (G) notify the governmental entiry in writing by certified mail or personal delivery, ., •idiin ten days after Chet person knew or should have }mown, of any change that materially affects the provision of coverage of any person providing services on the project; and (H} - CaVacrually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whoa they -are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide covwage for its emplovees providing services on a project, for the duration of the project based on proper repotting of classification codes and payroll amounts and Sling of any coverage agree heats; (2) provide a certificate of coverage as required by its contract to provide services en the project, prior to beginning work on the project. (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract it representing to the governmental entity that all employees of the person signing this contract- who will provide services on the project will be covered by workers' compensation coverage NOTICE TO CONTRACTORS - B http://% c. vw.sos.state.rx.us/tac/2S/II/110B /110 110.html Revised 1/13/981 8/2198 Page 5 cf 7 rage D or o : J a :` - . J. l 1'J .or t'.e ��ration of : -_ nroiect, :hat the cc ; erage will be used on proper repartin¢ et ciassincation codes =a payroll z__ounts, and that ail ccverzge agreernents %1,ri be filed with the aporooriate -rsurance carrier or, : the case of a self - insured, with the commission's Division of Self - Insurance Regiation. Providing false or misleading =ormation may subject the contractor to administrative penalties. criminal „ enalti es, civil penalties, or other civil acions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current ce- _Ecate of coverage, a new certificate showing extension of coverage, if the coverage period shown ou the certificate of coverage ends during the duration of the aroje� (5) obtain from each person providing services on a project: under contract to it, and provide as regmred by its contract: (A) a certiftcate of coverage, prior to the ot�rier person beginning work on the project; and (B) prior to the end of the coverage period, a new certificaze of coverage showing extension of the coverzQe period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates o:` coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that ma*riaily affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person imew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A)-,provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B):provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (Dprovide, prior to the end of the coverage period, a new certificate of coverage showing extension of tie coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract- (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the covtr age period, if the coverage period shown on the current certificate of coverage enas during the httpWw-vw.sos.state.'x.us/tac/28/Tb 1 10/B /i 10 110.lttml NOTICE To cd 1/13 /90) - s g/7/98 p� Revised 1/13/98! Page 6 of 7 cur. atior. c f he contract: Page 6 of 6 (F) retain ail required ce -y : tes of coverage on die for the duration of t:.e project and for one year thereaft e!. (G) notify the Qovernme ntai entity in writing by certified mail or per so,=' delivery, within ten days after the person knew or should have known, of any change that mate,4aiiy affects the provision of coverage of any person providing services on the project; and (IT) ciontractrually require each cc:-son with whom it contracts, to perfer:n as required by this - subparagraph and subparagraphs (A) -(G) of this paragraph, with the ce:tificate of coverage to be provided to the person for whom they are providing services. (f) If any prevision of this rule or its application to any person or circumstance is held invalid, the iavalWty does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable (g) Ms ruie is applicable for buiiding or construction contracts adve -ised for bid by a governmental entity on or after September 1, 1994 This rule is also applicable for those building or construction contracts entered into on or aver September 1, 1994, which are not required by law to be advertised for bit (h) The coverage requirernem in this rule does not apply to motor cariers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 40). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delive.-ed, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amerced to be effective November 6, 1995, 20 TexReg 8609. Refit rn to Section Index hap:/ /wvr -w sos. state. tx.usitac/28/II/1 i0B /110.110.html NOTICE :o CONTRACTORS - B Revised 1/13/48) g/7/98 Page 7 of 7 PART A SPECIAL PROVISIONS ADA COMPLIANCE - CURB RAMP IMPROVEMENTS PART `A' -SPOHN MEMORIAL HOSPITAL AREA AND ADA COMPLIANCE - CURB RAMP IMPROVZKZNTS PART `B' -MARY GRETT CUNNINGHAM /CHULA VISTA SCHOOL AREA REVISED AND ISSUED FOR R8 -BID FEBRUARY 2007 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, March 7, 2007. Proposals mailed should be addressed in the following manner: City of Corpus Christ? City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - ADA COMPLIAIE - CURB RAMP IMPROVEb=TS PART `A' -SPORN MEMORIAL HOSPITAL AREA; PROJECT NO. 6294 AND ADA COMPLIANCE - CURB RAMP IMPROVBMBNTS PART `B' -MARY GRETT C'MQMUMX /CRM A VISTA SCHOOL AREAS; PROJECT NO. 6293 A pre( -bid meeting will be held on Tuesday, February 28, 2007, beginning at 10:00 AM. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No a 'tioAal or separate visitations will be conducted by the City. A-? 4D &fMtions and Abbreviations Section B -1 of the General Prcvisi.ons will govern. A -3 Desction of Project ASIA CCO"ZANW CORE RAMP ART `A' Spots Memorial Hoepdtal Area; PRWB= NO. 6294 shall involve the construction of 7 new curb ramps along Morgan Avenue and Buford Street, and 4 new curb ramps and approximately 2,867 SF of new sidewalk along the north side of Hospital Boulevard from 19th Street to the front entrance of Spohn Memorial Hospital including limited sidewalk and pavement reconstruction, fence relocations, and installing and maintaining traffic control and storm water pollution control measures. AND ADA CDjiB RAMP ART `B' Mary Grett Chula Vista school Arear; NO. 3 shall involve the construction of 14 new curb ramps along Shaw and afford Streets, constructing 2 new curb ramps at the intersection of Prescott and Yale, 2 new curb ramps at Prescott and Sherman, and 2 new curb ramps at Prescott and Hudson including limited sidewalk and pavement reconstruction, fence relocations, and installing and maintaining traffic control and storm water pollution control measures. All work shall meet the current requirements/ standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation - (TDLRY and shall be in accordance with the plans, specifications and contract documents. Section A - SP (Revised 12/15/04) Page I of 24 A -4i Method of Award The bids will be evaluated based on the following order of priority subject to availability of funds: _. Total Base Bid Part `A` AND /OR 2. Total Base Bid Part 'B' The City intends to award +--he lowest combination of Total Base Bid Base Bid Part 'A' AND /OR Total Base Bid Part 'B' to one or two contractors, within the litNits of the available funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the pity and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are_r�ired to be submitted with the proposal: 1. 5% Bid Bond (Must reference: ADA COMPLIANCE - CURB RAMP IMPROvEMENTS PART 'A' -SPOHN MEMORIAL HOSPITAL AREA; PROJECT NO. 6294* OR ADA COMPLIANCE - CURB RAMP IMPROVEMENTS PART `B' -MUM GRE T CMMX92M /CHULA VISTA SCHOOL AREAS; PROJECT No. 6293* as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) * NOTE: Contractors shall be required to submit a SEPARATE 5% Bid Bond for PART A AM) a SSPARATZ 5% Bid Bond for PART B* z. Disclosure of Interests Statement A -6* Ti** of Completion /Liquidated Damages working time fos completion of the Project(s) will be 150 calendar Part;# `A' and `B• combined, or 65 days for Part `A' an or 85 d ava car n ar dayt atter receipt of written notice from the Director of ing Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated - camages. Said liquidated damages are not imposed as a penalty but as an estimate of the dama43es that the City will sustain from delay in completion of the work, wh#h dal ages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the req$tiremtats of this Contract is not in effect on the effective date of carellat.ion of the workers' compensation insurance coverage to be replaced, theft any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of teritination or cancellation of the Contractor's workers' compensation ins rance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the reoiremonts of this Contract, is in effect for those Contractor employees, liidateed damages will be assessed against and paid by the Contractor at the hig est daily rate elsewhere specified in this Contract. Such liquidated damAges will accumulate without notice from the City Engineer to the Contractor and will_ be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (Revised 12/15/04) Page 2 of 24 i i In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxe4 Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Ackag!lrledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage states (Revised 7/5/00! Labor preference and wage rates for heavy construction. In ease of fl " -shall use h }gher wagez��. ' ..' MinimW_Prevailing Wage Scales The Carpus Oiristi City Council has determined the general prevailing minimum hourly wage zittes for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmes, and mechanics employed by them in the execution of the Contract. The Contra(Ctor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof; for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contrattor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer, The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Busine#s Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals_) One anl$ one -half (1M) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays- (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours . ) A -11 Coopesait.ion with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1- 800 - 344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and the Southwestern Bell Locate Group at 1- 800 -82& -5127. For the Contractor s convenience, the following telephone numbers are listed. City Engineer Project Engineer Cbnsultant : Ricardo Martinez, PP MART3WZ, Guy & MAYBIK, INC. 6000 S. Staples, Suite 207 Corpus Christi, Texas 78413 880 -3500 888 -8100 814 -3070 814 -5508 (fax) Section A - SP (Revised 12/15/04) Page 3 of 24 Traffic Engineering Police Department Water Department Wastewater Department. Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Opti,) KMC (Fiber Optic ChoiCeCom (Fiber Optic) CAPfKCK (Fiber Optic) Brooks Fiber Optic (MAN) A -lit Malatenance of Services 880 -3540 882 -1911 857 -1880 (880 -3140 after hours) 857 -1818 (880 -3140 after hours) 885 -6900 885- 6900after hours) 857 -1881 (880 -3140 after hours) 880 -3461 857 -1970 299 -4833 (693 -9444 after hours) 881 -2511 (1- 800 - 824- 4424,after hours) 857 -1946 857 -1960 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 - 724 -3624) 813 -1124 (Pager 888 - 204 -1679) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972 - 753 -4355 The Contractor shall take all precautions in protecting existing utilities, both above and below ground The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed It is the Contractor's sole and cor lete responsibility to locate such underground features sufficiently in adv#nce of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage t_; underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service tc construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns -he utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of 3ewer service lines must be provided by the Contractor. A -13, Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not imited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall- comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this docutent are available through the City's Traffic Engineering Department. The Contractor shall secure t?e necessary permit from the City's Traffic Engineering Departmen*_. Section A - SP (Revised 12/15/04) Page 4 of 24 All costs for traffic control are considered subsidiary to the bid item for Traffic Control as per the bid proposal form. therefere, A -14 Construction Sgnipment Spillage and Tracking Tine Contractor shall keep the adjoining streets free of tracked and /or v spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -45 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of g r-as L All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted- AI-1 necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items identified in the proposal form for removal. "Street BiEeavatien". the*e €ere, ae �le�t �,a�nent still be made A- Dingeal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is r considered subsidiary; therefore, no direct payment will be made to Contractor. A -LI Field Office (NOT USED} A -19 SciWdule and Secp ence of Construction The contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: Section A - SP (Revised 12/15/04) Page 5 of 24 1, Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Inciade: £'how complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. _denti.fy the first work dai of each week. 3. Submittal Dates: inda.cate submittal dates required for all submittals 4. Re- Submission Revise and resubmit as required by the City Engineer. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Cew}struction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally rewired to • ^onstru ^t a project of this nature. Major controls and two (2; bench marks required for project layout, will be provided by the Citv or Consultant Project Engineer. T1W Contractor shall furnish all lines slopes and measurements necessary for control of the work If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 49 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no coot to the Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor, If, for whatever reason, _t is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation wov.ld necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that. the Contractor furnish a maximum of two (2) peksonnel for the purpose cf assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.:_,.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance tc any r- �gulator,• permits. Following is the minimum scheduie of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - beth sides e€ street en a 208— ; •Street -- ierva} aid aE a }} intese�t- Section A - SP (Revised 12/15/04) Page 6 of 24 0 All interseeting i-ines in L I flow l ) ( R+ynnT .A nn A'Z�20 Tq*ting and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Si The Contractor must furnish and install 1 Project sign per location as indicated on the following drawings: Attachment I of Section A - Special Provisions. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -,g2 MMerity /Minority Business Enterprise Participation Policy (Revised 10/98) :. Polio It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2 Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contra(-:. Section A - SP (Revised 12/15/04) Page 7 of 24 c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons ,-nclude Blacks, Mexican - Americans and other persons of Hispanic )rigin Ameri -an Tndians, Alaskan Natives, and Asians or Pacific -slanders. Wor the purposes of this section, women are also .onsidered aE minorities. Minority person(s) must collectively >wn, perate andiur actively manage, and share in payments from ouch are enterprise in the manner hereinafter set forth: Owned (a F':)r a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority persona (b) For an enterprise doing business as a partnership, at ',east 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority pe-rson(s). Controlled The pr -mart' power, direct or indirect, to manage a business enterprise rests with a minority person(s). ?. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% Dr more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition lender Minority Business Enterprise. e. Female_ Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carz-y on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0°% of the contract work itself and in which a minority jo nt venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0 °s of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture_ Section A - SP (Revised 12 /15/04) Page 8 of 24 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as fo- ows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in - each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. - 4. Compliance �. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit biweekly payrolls in a timely fashion or to submit overall participation information as required. A -IJ InMIJeCtion Required (NOT USED) (Revised 7/5100) A- 21 Suroty Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. if performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 115) of the Surety Company's capital and surplus with reinsurer(s) authorized to do section A - SP (Revised 12/15/04) Page 9 of 24 business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capita. and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and adme_tted to do husiness in the State of Texas. The Surety shale designate an agent who is a resident of Nueces County, Texas Each bona must be executed by the Contractor and the Surety For contracts in excess of $100,00o the bond must be executed by a Surety company that is certified by the United States Secretary c:f the Treasury or must obtain reinsurance for any liabi.lAy in excess of $loo,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exeaption (NOT USED) &eer3en B 6 22, . f O l l , L. t'} 4 ..i lieu the F '1-€- the Gent", elleets te- epei-ate uFideE - a- separated eentraet, he shall: --mar r.a..nt F.. . �.�� =s�� the appropriate sPa2e on the "Statement e€ Materials an Ether charges' -- - suppliers. 4-- ° ^r. of material ir;rsiees -fie — substantiate the r �l- � raateEials. ;f ` hB GeHtEaeter - does -- net - -Qlee -t to eperate undeE a sepai-ated eentraet , he es applieable te this . a,- eI4,g-'`, fer sales tax e3eemptiena if the sxbeentraeter al9e - ec ng }i+�s irit§ w abe a eguirements The Centraeter must issue a resale eerti €ieate te-t�he El"eefttraeter and the subeentraeter, in turn, issues -esaie eertifteate to his Supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to Section A - SP (Revised 12/15/04) Page 10 of 24 rdame:City of Corpus Christi Engineering Services Department Atcn: Contract Administrator 2. rddress: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. number cf days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as Additional insured on Worker's Compensation coverage_ For contractual iiabilitl insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys, fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this =Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -, 7 R4Wonsibility for Damage Claims (NOT USED) age €e" the -te m e€ the Gentr-aet W to and including ;F:ke adate City finally aeeepts Section A - SP (Revised 12/15/04) Page 11 of 24 A -28 fons rations for Contract Award and Execution To allow the City Engineer tc determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder ro provide documentation concerning: �. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date :,f the release of the lien. If any such lien has not been released. the bidder shall state why the claim has not been paid and 2. whether there are any Dutstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address's of the claimant, the amount of the claim, the basis for the claim, and an explanation why -he claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City 8)ngineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 ( ontraptor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the Ci?-y Engineer makes this determination may include the following: ) The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed, 2. Poremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. P!oremen cannot act as superintendent without prior written approval from the City. Docume*tation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. such w -.itten approval of field administration staff is a prerequisite to the City Engineer's Obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the Section A - SP (Revised 12/15/04) Page 12 of 24 City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. - A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the Proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: A list of the majcl components of the work; A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6 A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work can the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7 A preliminary progr.ess schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre- construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. Section A - SP (Revised 12/15/04) Page 13 of 24 low ., ..�,,... 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and names) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Bxtra work and Change Orders_ the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must alsc: be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" - B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Sid Meeting referred to in Special Provision A -1. A -34 _; recedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given tc the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, et(., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications: Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A— Vii ei- �eent aete vi. rrcucrvxz Section A - SP (Revised 12/15/04) Page 14 of 24 F�,ntr� ti L - the and eaeh ef their h--b"—� them- per-aE1n - -'1 Vajid eard a L. eertl 1 ter/ Gent raete_�� erentt. —egam w- and &e desire _ °__ — -::rte' All -rein tallat-4--m-, inspeatien eft eenfer �-r All - 9 "e * -must be eentai —d at --all times at the water will net be i allewed The Ge v ., EBi� u4 �' Section A - SP (Revised 12/15/04) Page 15 of 24 a - - -- }�- .•....,-_. t vehieles ast be E,3Y)�s+ri at designated s e —as designated by City Water € s€a€ -€ All -sense €ems- vehieles RRs9 t vehieies- are - aiiewed at C) N. Stevens Watei, Treatment Plant. Aj:j per-seane€ muste- - nit leave the designated eenst area - -ae - nde - t r-..u9 h-� bui: }dings ether than €ems a , a$ determAned by meet}fia the gua!i:€ieatieas 1 €hru 9helew !r- wer3e ineledes, - but - -As-F-et- -meted tg, med € € €ea € €ees, addit=i ehanger.. installing, ana;mr these r ei €ie� e�- �egei�e� bf The--- Gent�raet9i' OE hl :-3 were muss he able te demeastrate thl? t - and water and wasteviater a ^� z-ee.« �e i��� -as- Wired in this Fentraet en at least thwee —pr -,.y z.ts 3 - -- lie has beeft herein fer at least c �- :- _ -- 3�e ems �-e €ens €ena� B�tgiaee� a Esat�e� Sgstems Eagineel, er an Bleetrieal Engineer to su vies e per-€erm the werk icequired by �' F r °VRY=eted fael n €ng- eeurse is eea €igtitring ate- -- implementing- -the sgeei €-ie eemguEe s �HS1s, aad permanent, fully staffed and equipped seaviee - ifn.z�it �L" ^e m fee e€ the i''e 'et site t-6 m= - -epai eai }hate, —pegs the s� sty epeesi�eia- :- - -lie shall- fiarnish equipment - -whieh is the preduet e€ on-e •ra,-•• t-v--z ic_. fta-x ufn pra-etieal efftent Where this is n--Yt--p-r-aetieai - r a liven ��e w }ii he tyre Pl. :9duet ei ene manufaeturer. the 9. PI . Stevens Water Treatment Will eeleeat-r-e t e r _ - �hcr- eeataete�. preduee all filled eut biee4c-a ---r— wed to shrew t-]; p amm }ng as needed -ate add these Attaehed is an example ef -the requir �d to Arming- �l ^��:hie�3-- t-h��•s t- �--- �eg�i�es to be €iiie� is Section A - SP (Revised 12/15/04) Page 16 of 24 Ai i t rene iy -€e1= this prei eRr Plant $hall be perfermed using a baekhee er hand-digging, due to the- shall be allewed en the-p-y��. S�avens TQate� 1'r��� A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the )rigina- submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers" standard data to provide information unique to this Project. g. Variati.ons: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct Section A - SP (Revised 12/15/04) Page 17 of 24 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2 SaaWles: The Contrac? -or must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3 Test and Repair Report when specified in the Technical Specifications Section, Contractor must submit three 0 copies of all shop test data, and repair report, and ail on -site test data within the specified time to the City Engineer for approval, otherwise, the related equipment will not be approved for use on the pr )iect A -3Y Amgpded "Arrangement and Charge for Water Furnished by the City" (NOT USED) "The - Eentraeter � - eewtp,l ._._t,. —the city of G8FPus Christi's Water Gesoervatien and n.".ught GenlBin eney -P an as amended (the "piann- ) — Thj:9 i n..7..des mpi t, water- Cefttraetei- at the pr-e--e__-__stE�aet.1ea FReeting. The Gentraeter will keep eepy ef the Plan an Prejet-81-t-e threughetit eenstruetien. " A -3 Wo is Compensation Coverage for Building or Construction Projects for Go a Entities The requirements of 'Notice _-o Contractors 'B'', are incorporated by reference in this Special Prov;sion. A -3# Certificate of Occupancy and Final Acceptance (NOT USED) `hex i9stumee -e€—a7eer-ti €ieate —ef eeeepaney €er i aprevements dees net een-- stioute linal of t4ke--- i-mpreyefff tents ander venecal Pi5evisivxr -B 8 9. A-11 AnWiment to Section B -8 -6: Partial Estimates Genkral Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable; non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with doc*ments, satisfactory to the City Engineer, that show that the material supplier has been pa'd for the materials delivered to the Project worksite. A-41 Ozo" Advisory (NOT USED) A -4 OS]% Rules & Regulations It its the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jabs. Section A - SP (Revised 12/15/04) Page 18 of 24 A -43 Am ptpded Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Co*tracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith 1)y the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -*# Chase Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A- As -wilt Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate"' data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 19 of 24 A -It Diwjposal of Highly Chlorinated water (7/5/00) (NOT USED) The -C. a= -- sha11-- be--- respensible €er the dispesal e€ walcer used €er- testing, disin €eetien- and - -1 -i-ne- flushing -is an appL-eved manner. GentaminantE3 in the water- - pa- r- t:a_lb high levels e€ ehlerine, wi 11 be used €ar- d =sin €eetien, and - -mad -- - -the permissible limits €er diseharge- manta -en• ---nf nta ,, _sensitive - areas. These lined -1 eg w ,y - n'.merius- Ag e« h as '£PFPC`G, BP-,- ete- it will be the Gentraeter-'s respensibili-t-Y to eemply with the _ I —. 11-nts of all regulatery ageneies in the d .,l e f all- water- used-in . -The netheds e€ dispesal shall be siabmitted te the C-i-t appreva l- There shall - ehlerinated- meter-- (�E)ftfzraet -.,���ll net A -!7 Pro- Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any eenstruietion whateveF en the prejeet, Few and are within ten €eet -(IGI) of prapesed pipelines of t emitiRg pipelines ..-- Tt ---- a-- �itaieiimm -6f 3-00 the ti ta-1 a-nd ye3< ann feet n ...3.pj.e r c. -car p repsk±r asseeiated nth e3rp11eratery exeavatiens shall be paid fee erain,. te the, _established nti! priee -e-€ pavement- patehing. Eantraeter shall pre de 'mss -iq sv - own survey werk effert One separate pay) for expierateEy emeavals —'- -. A -44 Overhead Electrical Wires ?/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires ��rossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires ox facilities occurs. Contractor shall cc;ordinate his work with CP &L and inform CP &L of his construction schedule with iegard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. Tt shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 12/15/04) Page 20 of 24 A-#;9 AgWded "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction ("contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the Cit} of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual :_)r entity." A -'§0 Irrors and Omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to t:he Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are sc discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that:, the Contractor shall perform all work to complete the project ready f<,r its intended use. ' A -11 Contaminated Soil if, during the construction, an area is suspected of a high level of contamination, then the Cicy will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse tc this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of t:he contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment: section shown on the construction drawings 2. )n -Site Stockpiles: Excess material from excavation, whether non - contaminated -)r contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. Section A - SP (Revised 12/15/04) Page 21 of 24 3 Disposal of Excess Non - Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4- Disposal of Contaminated Sol-: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up ::he project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soi- will be transported by the Contractor to the J C', Elliott Landfill !oll. ^wing the City guidelines on special waste handling. 5 OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A -52 Revisions to the Standard Specifications The following standard specifications have been modified to fit the circumstances of this project Section 021020 Site, Clearing, and Stripping All labor, material, and equipment required for site, clearing, and stripping shall not be measured for pay but will be considered subsidiary to other work items. Section 021040 Site, Grading Site grading shall be required in establishing the required slopes for the curb Kamps and landings. Any over excavation of sidewalk areas shall require backf111inq with select material and compaction. Labor, material, and equipment required for site grading shall not be measured for pay but will be considered subsidiary to other work items. Section 022420 Silt Pence All labor, material, and equipment required for placing silt fencing shall not bw measured for pay but will be considered subsidiary to the work item "Storm Water Pollution Prevention Control ". Section 029412 Prime Coat Prime coat shall be required in completing the work for reconstructing asphalt pavement surface, if excavation below the top of the base course becomes necessary. All labor, material, and equipment required for placing prime coat shall not be measured for pay but will be considered subsidiary to the work item " Reconstruct Asphalt Pavement Surface ". Section 025424 Hot Mix Asphalt Concrete Pavement (Class A) All labor, material, and ecfiipment required for placing hot mix asphalt concrote pavement shall not be measured for pay but will be considered subsidiary to the work item "Reconstruct Asphalt Pavement Surface ". Section A - SP (Revised 12/15/04) Page 22 of 24 Section 025809 Thermoplastic Striping „ All labor, material, and equipment required for placing thermoplastic striping will be considered subsidiary to the work item "Crosswalk Pavement Markings" and shall be measured for pay by the horizontal square foot. Section 028020 Erosion Control by Seeding All labor, material, and equipment required for erosion control by seeding shall not be measured for pay but will be considered subsidiary to the work items as required -o restore grass growth at damage areas caused by construction and areas requiring backfill. Section 028300 Relocation of Fences This work is limited to relocating fences to allow the required clearance for curb ramp construction. Contractor shall remove and haul away the existing fence as shown in the plans and install a new fence instead of reusing existing fence material. All labor, material, and equipment required for removing and installing chain link fences shall be considered subsidiary to the work items "Remove Existing Chain Link Fence" and "Install New Chain Link Fence ", and measured and paid for per horizontal linear foot per each bid item. Construction of a new chain link fence shall be as per Section 028320 - Chain Link Fence A -53 Geotpchnical Investigation Report A Geotechnical Investigation was not preformed. Not Used. A -54; Stoz*@rater Pollution Prevention Plan This Project falls under the category of Small Construction Activities" and will, therefore, not be required to have a Notice of Intent submitted as per Part II.D.2 of the TPDES General Permit TXR150000. Contractor will be required to complete a Construction Site Notice and provide original copies to the City at least two days prior to commencement of any construction activities. Contractor shall post a signed copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public, local state, and federal authorities, prior to commencing construction activities, and maintain the Notice in that location until completion of the construction activity. Contractor shall adhere to the requirements of the Storm water Pollution Prevent Plans as per the drawings and specifications contained in the Construction Documents. Section a - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: ADA COMPLIANCE CURB RAMP IMPROVE)UNTS—PART 'A, Spohn Memorial Hospital Area; PROJECT NO. 6294 SVISSD AND ISSUED FOR RE-BI� AND ADA COMPLIANCE CURB RAMP IMPROVEMENTS—PART IBI Mary Grett Cunningham /Chula Vista School Areas; PROJECT NO. 6293 EVISED AND ISSUED FOR RE -BI OWNER: CITY OF CORPUS CHRISTI ENGINJ$M: 306RTINEZ, GUY & MAYBIK, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLIC*BLE "ECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 24 of 24 ATTACHMENT I PROJECT SIGN DRAWING Red BadWetlM CNY of COMM ChIM CvnWKN*y Dw!mbfxiea�i i� m k Grat Progra o Lkban Development Contractor: Address Phone Number: Locate *n where R 4s most visible to the public. Sigh is made from a W x W sheet of 3/4" pVwood. White Letters Ridc Letters White Letters i ATTACHMENT II CITY OF CORPUS CHRISTI GENERATOR'S WASTE PROFILE SHEET Gwj CITY OF CORPUS CHRISTI — GFNERATOR'S WASTE PROFILE SHEET I NMUMONS The, a c040ioed in these insamctions may C i y be used to' ddtttaine the acccptability of waste intended for dispotrw! at, the 1. pa%Landfill. This infattmadon is strictly confidential and will only be used as as intenaal tool to naiaatio "M1211"ce With the Texas Natutal Resowce Conservation Commission. The forts must he fn ed m in ifs Catireh ; pcnu PART A I - ?MftTolt K4,ME — Eater the dame ofth facility where the waste is generated. 2. FACT OW-ESS_ Enter the s#tM address (Not the P. O. Box) where the waste is geneated. 3. GEM TOR 1Y/STATE — Eftr the city and state of the site where the waste is generated. 4• Zip the geoeratoes, Rp code $• TOR AID — Enter oe senator's identification number listed by the USEPA, if applicab 6•. TOR '.ATE ID — Eater 6e caet-mor's k' 7. g tdeadlkatioa number isctied by the State. if applicable. t VTACT — Enter 6c name of the person who can answer tocbaiW gatmew about the waft.. S. PHONRL- Enter** telephone numb" oftbe peson who can answer technical questions about the waste. PART 8 I. I. NAM G — Eater the name of the waste (e.g• pulrescible, coaaovctioddetuolition debris . coatamk tad toil, etc. TING WASTE — List the specific ) Mat Process or operation that gene rates the waste. (e.& atunkilal rehire, 3. ANAiU > eu ) TS — Eater the wmat of waste that will generated and transported annually. (Use cubic yards, gallons, toes) 4. WAS E •. Based upon the attached definition found in State of Texas Municipal Solid Waste Law, indicate if the waste type ies ae�ii special wsstc. - 5. SP HA1i1 aN (',1NSTItUC13pNS/p,IFOg�{ATION —For all wastes, descril)e any special handling segtthmeats and any won applicable to is disposal DEFINITION OF SPECIAL wASTE Amp ding UkXAC 30: 1 W — solid waste or cou6inaaon of solid wastes th" because of its "WA*, clam raaoa, physical or dieiaipl or proper M itMtUM special Modiing and disposal to protect die bumaa beats or the arvi4ot�aeat: if P 4 stored, Imcessed er disposed of or otherwise managed, it natal pose a preset or poteWitl d=Sw 71 eavrisroa ML Special wasu arty A' eoad'doaal exem smail-giiamtity - generators that may be exatpt 6nm hd 000unls wader SS33S. -335 ofthfs tick (Itk&g to household Makdals Which Cotdd Be Clas Wnd As Hazardotts Waster I3. C [ ' wastg amt rattin Y collected with municipal solid waue; C- �W > beddt- taro- relathi (i+idm to certain, items ofmackd wasm); weaaacm pleat sludge, other types of domestic sewage lta"ent plain sledge. and water - supply 1L septic 'fie.' . F. Geese a wastes; G W"W coal r+cid or umh" ial wastewater MONO" AMU; mfr pollution 00201 halitfes; and learns, dtwas, or $triad At shipping or " any material that has been listed as a haatd M eooaka m in 40 CFR, Pact 261, . H. V11 brit h" not been listed as a eomtaercial dMical pfeduct in 40 CM 5251.33 (e) or (t); L bo J. ' f�. of �ta0tiaaled beverages„ other rhea those ctserainod is ttotusl household waste; K ic herbic* fur od6c, or rodenticide) containers: L mss; its. tits N. Soil Onlaw wted by petrolem products, crude oils, or chemicals; O. UsedIil: P. i.igh bait-se and/or small capat itaa containing polycblaioated Q. Wash from tlii, gas,-and geothrlmal activities y1(PC8) ' subject to regttlmioa by the Railroad Commission of Texas when those W as t( are ttbe prayssed, treated, or disposed of at a solid waste facility pamiMd tinder this chapter, R Wa* genes outside the botradwies of Texas that contains: L Aj# i waste; il. A.# wascefsllsocu ted wilt oil. gas, and geothermal exploration, productiar, or development activities; or iii. AiV item lard as a special waste w this paragrapb; & Any, odW *= heowbold or commercial garbage, refuse, or rubbish; T. stage batteries; and U. it fil bs from Wtetrwl carnbustion engines. 6. INCOEWTAL AMOUNTS OF SPECIAL WASTE - incidental quantities of special waste that do not materially cbaogt th phy or tt emical identity oftbe load or make it hazardous waste must be identified by type and amount. PART C 1. SHIPMENT -Indicate the anicgwcd method of sluipuww by cbeddeg the appropriate box. 2. SU EM SHIPPING AL SH **FORMATION - Enter any additional shipping information. 3. TAB QUANTITY - Enter the pounds. Cubic Yards, gallons, etc. of TOTAL waste for disposal. PART D TECHNNAL MIWAGER DECISION - [To -be completed by the City *(Corpus Christi] PART E PHYSICAL CHARACTERISTICS OF WASTE tit ouf goat the anal lkpl laboratory asalysbi thee &Ise indsde ttapy of the hbomWy amalpis shecbl I the appearndce of the waste (e.g., gmva, owupsraay varies). ftat S.meii The Wilntel If the waste has a known incidental odor. then describe it (e g., acrid, pungent, solver stv - 3. AL ' ATE - (heck dW applicable box, if "OTHER" enter a descriptive phrase in the space provided. all appwableboxes. Multi- layered means more than two layers (e.g , oillwater or solveWshhdge). Sing 4be waste is hoanteaotns. S. GRAVITY - Itdecatd the range. The specific gravity of water is 1.0. moat organics are less than I.O. Most than 1A. 6. - Cbeck "YES' if liquid a usraily present when pats gas for shipment nail estim oe the petoatt of Uquic . C1M1#'Tto° if there age no lime liquids as determined by the Paint Filter rest a direct observation. 7. PH lac liquid porticos srf the waste. Check the appropriate boxes, which cover tae pH of the wash. Use the " if appropriate. For solid or organic liquid wnles, Who die pH of a 10% aquesous sohtlion of the wasp 1� E w to "NA- for. nwwater soluble mataiais. H. P08tT- Indicate the plush point obtained using the appropriate testing method. PART F CHEMICAL COMTOSITION 1. List aa/or inorganic components of the waste using special chemical `wanes. If trade names at used` attach Data Shat or oiwr d0cuinents that ade"alely describe the composition of the waft. For attdt composent, the op (in pUCM) jk which die compooem is p v=L to adt&ioit, 6bic0 wkg&w airy Toxi* Alatacttui , g Pr#odure (TC LP) cONNiSmAs are present in tae waste: The WW of the maximum values ofdw asmponents rote ibe or equal to 100 % including water, earth etc. 2 2. If the q=taiu%PCB•:. cyanides, or sulfides indicate the c000enttadons. If the waste does not include these comtiweut Ke pt'I in the waste. Tk torsi of the maximum values of the components must be grantee than or equal to 1001A itcludie water arth, Cie 3. indicok whetberthe method used to determirc the chemical composition in FI was the TCLP detcmftc the total cooreusations, of another method. Specify the method. rne�Od' ��ysu to PART SAMPLING SOURCE 134061be esectly where the sample was taken (i.e., dmak lagoon, pond, tank, etc.). PAW H REPRESENTATIVE SAMPLE CERTIFICATION a lab for t n— ch in ott e SOW wastes tapi a MgYtical data to determine their chemical canposMON regulatory status, ifth are ��, weettaaut or ey aoaeptabte for Eldwtiort of Slid . Tie sample should be colkcbd is accordance with "Test Methods for the wad PhysxayChmmW Methods," SW -846, USEPA, an&or40 CFR 261200, or equivalent rules. A amble saaq►k conajw for most wastes is a wide mouth glass bottle with a plastic cap having a lion - reactive Iffier. P1100c cOutlilmn are Wcommended for strong caustics or fluorides. Fill to approximately piked and shipped in wilt U.S. DOT nVi tions and any specific naNi vinems imposed by the carrier. Improperly paged 380oks may be dkpoand upon mceipt. I- PRINT:,AMPLF.R'S NAME — Entsr the saospkr's name, 2- SA>s ! U DATE — Ester ** date that the sample was collected. 3. S 'S TITLE — Ea r tht sampler's title. 4• 'S EMPLOYER— Ea1et the name of the sampke s employer. S• 'S SIGNATURE — Si6a in the space provided. PART 4 GENERATOR/ TRANSPORTER CERTIFICATION By t1 0thk profile shCO, the gene "W/tivaspotter cemfus that statements in Nos. 1.2.3.4, S. and 6 art true and accurate w respec r true waste sweats Uste& 7. MONA M — An audtodood employee of the Thinqmtw trust sign the Trwup~s Waste profile Shts4. I- ?=— PAOW fie em's t j& 9. ' NAMit— E W the eoploytle's taste. 10 VATE Enocr the date sivet A C(VY OF THE TRANSPORTER'S WASTE PROFILE SHEET FOR YOUR RECORDS. SEND THE At AND ALL ATTACHMENU TO THE CITY OF CORPUS CHRISTI — DEPARTMENT OF SOLID WASTE CITY OF CORPUS CHRMn –GENERATOR'S WASTE PROFILE SHEET I. G&MRATOR NAME: 2. FACILITY ADDRESS; •3. AERATOR CITyIS TATS. 4. ZIP CODE: S. GOWRATOR USM Mi- 6. GENERATOR STATE ID: T. TINCHICAL CONTACT: 8. PHONE: AR 1. NAM OF WASTE: 7- PiCESS GENERA WASTE: 3. A IUAL AMOU \'TS 4. V TE TYPE: 5. S> IAL HANDLI'M DMMUCnoNSl1NF0RMA7I0N: gib. ENTAL OF SPECIAL WAS TE• ARTC I- hMMD OF SHIPA4ETIT: _ Bulk Liquid Bulls sludge Bulk Solid 2 Drtv/ r. Box _ Other. SUPPLEMENTAL SHIPPOZ INFORMATION: 3. REPORTABLE QUANTITY. TECMICAL NAGER ! N (to be completed 14 the city) -- APMOVED _ DISAPPROVED ADDITIONAL INFORMATION NEEDED i )Wffroved` EVb in: 2. Ammutioos, coaditioaR, or L A tatioas an approval `Mesh. MV. Signature: Name(Prim) Date ART – RACIERISTICS OF WASTE (FROM LAB ANALYSIS, if applicable • C=R.. 2. ODOR: 3. PHMCAL STATE 70•Fi2I •C: Solid Semi -solid _ Liquid Powder _ 4. —Oder LAVIM: _ 8�� Sd . SPI.7C GRAVITY . FRU LIQUIDS: Yes _ No Vehtme: •,� • ph: 4 >24 _47 _7 — 7 -10 212.5 Ruge NA _10<12.5 FI.AtH i'O1NT: _Vltie _ <!400FIWC ! 140- 199°F/60 -9Q°C _?200°FI'93°C Cbsed cup mmum Open 22 F — CIVEMWAL COMPIDSMON RANGE (MfN-MA)) — _ % Total: _ 2. D" the Waste cc any ofrbe f.Mowittg? (p*YkIc boa ifk m"n): NO or LESS THAN or ACTUAL PCSs _ d0 ppm ppm � s — <30 ppm PPM — X500 ppm ppm Unless analytical totes are auackC4 the chemical composition identMication should inehMe at a man Afe. Sarum. Cadmiwa, ChtnmhW4 Lead, Mercury, Selenium, Sliver, Pesticides. Herbicides, and any T constiptents that may be present in the waste. The total concentration must be greater than or equal to 1 (- 1A — I ppm or 1 mWo Mcd" used io daaermint composition ( if provided): Taal Other. PLING SOUR (e.&, Drum, Lagoon, Pit, Pond. Tank, Vat): I — ATI SAMP L& CERTIFICATION 1- 2. SAMPLI; DATE: 'S NAMQ I 'S Time 4. 'S EMPLOYER Of other than generator) TU samPWs s* Mm catiiies that any sample submitted is represctuative ofthe waste described above. PSORtant rb 40 CFR 26120 O or equivaleat rules. S. SAMP46AS SIGNATURE: PAR — i I OR / R CERTIFICATION 8Y � l� �. the l� wator caugim I• 49 a�ot t "Elnratda Waste' as dditted by USEPA or 30 TAG 2. not conbin Aguiated radiott dvi materials or regulated concenaatioas of PCB's )• 3• provided on*b shat and the � is a trot and accurate description of dw waste a�ekwanr ini3otutlMiar regarding Tcnavva or suspected ba=nh is the possession of the geoaatar has 4. I== read and N* rs� the Definition of Special Waste included in the it Mtctico form. S. T14 awdy*W dare pasentedbm n or ruched beMo wen dexived from lesta a representative a taken 8 � API in cordowe wild 40 CFR X120 Q or equivakat ruks. 6. If *Y eJraes oexur iti the clrwracter of the waft, the gealetator she.!! notify the City of Corpus C4risli, prior to Ow J. C. Eftiolt�+iunicipat LandiSU. 7. S. 9. or Pri1t� -2- GENERAL PROVISIONS PRT C - FEDERAL WAGE RATES AND REQUIREMENTS Page I of 2 3 T K3 J 6 1 G s 37 L XAS W. i-on Tv�, H E AV "o :r-I-_ Y N"J EC `7 S .,A': PAT-Plt HEAV"" C'_',NSTRUC" _�ON R" TECTS sainq Sewer and Water Line Lon arAl 'ra_--.age Prc Plodi ffica-t Lon Number Publ atL-)n Date 0 06/13/2003 C:)UNTV (a es - N U E` F-,'-' SAN 'ATP CC'T S U", 121/('_ _' 98' '. -. rm Rates Fringes CARPENTEP-S (ExcIIi)c-,nc; $ 9.05 CONCRETE F:NISHEP ELECTRICIAN 3..j7 2.58 LABORER -S: -4 ut- i __ it POWER EVIPMENT (;FERATC-.S: Backhc,- 9.21 Moto rader g.72 WELDERS - Receive rat_ - prescribed for craft performing operation to wnict weia.ng is ncidental. -- ------------------ Unlisted - ass ificatior-., ; need• fc,.- work mat Included within the scope i)f the classi-icatio-is Itsted may be added after award only as provided n the -abc, standards contract clauses (2 9 C FR (a) 1) L) ; ---- - - -- In the 1:.-,tirig above, t,-e "SU" designation means that rates listed under that identifier d�) not reflect collectively bargained wage and fringe bene�Lt rates. Other designations indicate anions whose mites ha--e been deter-mined to be prevailing. WAGE DETERMINATIOt"It APPEALS PROCESS I.) Has there been an ir,itia- jecision in the matter? This can be: an e4sting published wage determination a survey underlying a wage determination http://www,wdol.gov/wdol/scafiles/davisbacon/tx39.dvb 8/17/2006 Page 2 of 2 a Wage Ord Hou vi -s:Dn -r, _ _inu or_th a 0 n a Nagy 1_; errrir:a 0': !natter * _ . c7?fc rs.ance 3 d it i na _ .at �_or� and rate) 0,: surrey elate: n;a_ers, ,,1_ a1 _iicluding requests fo summarles of 3lrvey 5nou_ b €, with the Wage and Hour Regional )` Eice j -)-� tae ar<,a i, wh: :11 t.he- ,urvey was conducted because those Regional .ffices iavF� responsibility for the Davis -Bac >r survey pr.ogtam. � thF response from this initial contact i= not satisfactory, t]• >n the process described in 2.) and s;r,culd be t�c)llcwed. With regard to any :.:ther matter not yet ripe for the formal process described 'here, mina contact should be with the Branch of Constr, <ction Wager Determinat _ons Write to: Branch of Construction Waco Det_erminatior.s Wage and Hour Division U. S. Department of Labor 20© Constitution Avenue, N W, Washington, ?. C, 2021(j 2.) If the answer the question it. I.) is yes, then an interested: party (-I -ose affected b,, the action) can request review and reconsideratiDn from the Wage and Hour Administrator (See 29 CFR Part 1 S anc 29 CFF Part 7) . Write to: Wage and Hour Admini:�t_rator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D C. 2Cr'.10 The request should be ac:ompanie�d ty a fu L statement of the interested party's posir_ion and by any information (wage payment data, pro j ect description, area practice material, etc.) that the requester considers re1e7ant tc the issue. 3.; --f the decision of tine Admi.�is *_rator is not favorable, an interested party may appeal directi} 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, D. C. 20,10 4. Al: decisions by the Administrative Review Board are final. END OF GENERAL DECISION h":// wwty. wdo4. gov/ wdol /scafiles /davisbacon/tx39.dvb 8/17/2006 A G R E E M E N T THE #TAT= OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of MARCH, 2007, by and between the CITY OF CORPUS CHRISTI of the County of Nueces. State of Texas acting through its duly authorized City Manager. termed it the Contract Documents as "City," and A.Ortiz COUSIEucMon & Paving, Inc. termed in the Contract Documents "Contractor,' upon these terms, performable in Nueces County, Texas. In consideration of the payment of $157,007.00 by City and other obligations of City as set out herein, Contractor will construct and comp=ete certain improvements described as follows: ADA COMPLIANCE CURB RAMP IMPROVEMENTS PAR!t `B' MARY GRETT CUNNINGHAM/ CHULA VISTA SCHOOL AREAS PROJECT NO. 6293 (BASE BID `B': $157,007.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include th_ -s Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda and related dociments all of which constitute the contract for this project ar,d are made a part hereof. Agreement Page 1 of 2 ADA COMPLIANCE - CURB RAMP IMPROVEMENTS PART `B' -MARY QRETT CUNNINGHAM /CHULA VISTA SCHOOL AREA EVSED AND ISSUED FOR RE -BI BASE BID PAR `B' -OMY GRETT CUNNIMHAM /CHULA VISTA SCHOOL AREAS CURB RAMP IMPROVEMENTS PROPOSAL FORM Page 3 of 8 II III IV V JZD �[ QTY a UNIT DZSCRIPTION UNIT PRICE IN FIGURSS BID ITZK RZTEYSION (QTY B UNIT PRICZ IN FIaURRS) B1 1 L$ Mobilization /Demobilization, complete in place per LS o�a,o% $ J 5 Q �a .00 -132 1 L$ Traffic Control, complete in place per LS /� rV d $ G o - o 3 559 LF Sawcut existing asphalt pavement, complete in place per LF �% $ T r / 4 244 LF . Sawcut existing concrete siAewalk /curb, complete in place per LF - y-!�l J 11 $ -��r /l� ,7 l J U LS 3383 SF Remove existing sidewalk, complete in place per SF C� $ '�,� �� �� -6 401 LS Relmove existing curb & gutter, complete in place per LF SIL r! (� $ 42, `� 0 y1 19 B7 200 SY Remove existing asphalt pavement surface, complete in place per SY • V� $ B 834 St AIaA Curb Ramps with pavers, complete in place per SF `L $ J Vi • n 9 200 SY Reconstruct asphalt pavement surface, complete in place per SY hh `� $ , 006 .60 0 621 SF 5" thick reinf. concrete transition sidewalk, complete in place per SP + S� $ PROPOSAL FORM Page 3 of 8 ADA COMPLIANCE - CURB RAMP IMPROVEMENTS PAINT 'B'-MARY GREW CUNNINGHAM/CHULA VISTA SCHOOL AREA EVISED AND ISSUED FOR RE-BIii BASE BID PAINT 'B'-WARY GRETT CUNNINGHAM/CHULA VISTA SCHOOL AREAS CURB RAMP IMPROVEMENTS PROPOSAL FORM Page 4 of 8 ZI III IV V -RID IN QTY & UNIT DESCRIPTION UNIT PRICZ IN FIGURZS DID ITIM ZXTWSI0N (QTY X UNIT PRICE IN FIGURES) =Nam= B11 2384 SF 5' thick reinf. concrete sidewalk, complete in place per SF C) 12 720 1#F Type "A" header curb, 6" max. height, complete in place per LF woo ()o -13 218 1#F Curb & gutter section, complete in place per LF $ d's v14 ---000— 137 T#F Special gutter section front of curb ramps complete in place per LF $ B15 I LS Stormwater Pollution Prevention Plan Measures, complete in place per LS a iso 0 LI)b $ 16 1 LS Restoring Site including all required seeding, complete in place per LS a50o'LW 17 2 W Remove existing tree, complete in place per EA $ j618 318 16F Remove chain link fence, complete in place per LF $ B19 275 LF Install new chain link Fence, complete in place per LF $ (I 750h I PROPOSAL FORM Page 4 of 8 ADA C0WVL_•TANCE - CURB RAMP IMPROVEMENTS PART `B' -MARY GRETT CUNNINGHAM /CHULA VISTA SCHOOL AREA EYISBD AND ISSUED FOR RE -BI BASE BID PMT "BI-MARY GRETT CUNNINGHAM /CHULA VISTA SCHOOL ARRAS CURB RAMP IMPROVEMznTS II III BID QTY & -rzK UNIT DESCRIPTION 1320 14 16F Curb transition & gutter section ® curb ramps, complete in place per LF B21 I 1 $A I Relocate traffic stop sign, complete in place per EA `B22 I 329 SF I Crosswalk paving markings, complete in place per SF 823 1 LS I Miscellaneous Street & Sidewalk Repair Allowance, complete in place per LS IV V UNIT PRICZ I BID ITZM MMMSION IN FIGURSS (QTY Y UNIT PRICE IN FIGURRS) Is 350, (551), 10,000.00 I $ 10,000.00 WB"TJW6 BASE ID UL T `B' - MARY GRETT CMININGRM /CHA VISTA SCHOOL S RAID DWROVMMTS : (Inclu s DO" Bid Items 91 through B23) PROPOSAL FORM Page 5 of 8 The Contractcr will commence work within ten (10) calendar days from date they receive written work order and will complete same within 85 CALMMAR DAYS after construction is begun. Should Contractor default Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract :_n accordance with the Contract Documents as the work progresses. Signed in 4_ parts at Corpus Christi, Texas on the date shown above ATTESIT: CITY OF CORPUS CHRISTI - - By City 'Secretary Ronald F. Massey, Asst. City Mg of Public Works and Utilities AP AS TO LEGAL FORM: JJ By: �� L� _ By: c'�oG.w, 6 p7 Asst. City Attorney Angel Escobar, P,E. Director of Engineering Services CONTRACTOR f Corpora ion) A.Q iz Construction a Paving, Inc. (lea Be ) Title (Note If Jerson signing for Col tiok is not President, 102 AIRPORT ROAD atta cop# of authorisation (Address) to sirs) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/882 -2122 * 361/883 -4188 (Phone) (Fax) mom U Z� W -w- Agreement Page ? of 2 P R 0 P 0 S A L F 0 R F 0 R M JWA COMPLIANCE CURB RAmp IMPROVEMENTS PART ""' X&Ry GRETT CUNNINGHM/CHULA VISTA SCHOOL AREAS PROJECT NO. 6293 DEPARTMENT OF ENGINEERING SERVICES -ITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM Page 1 of 8 P R O P O S A L Place: Date: �j -� -617 Proposal of �-A it 4-17 L �(1S `� ►✓ tAC'�( � '�- ��}if LkN , a Corporation organized and existing under the laws of the State of a partnership or Individual doing business as TO: The City. of Corpus Christi, Texas ,entlemen: The undersigned hereby proposes to furnish all labor and iaterials, tools, and necessary equipment, and to perform the work required for: ADA COMPLIANCE CURB RAMP IMPROVEMENTS PART `B' MARY GRETT CUNNINGHAM /CHULA VISTA SCHOOL AREAS PROJECT NO. 6293 at the locations set out by the plans and specifications and in strict ccordance with the contract documents for the following prices, to- wit: PROPOSAL FORM Page 2 of 8 ADA COMPLIANCE - CURB RAMP IMPROVEMENTS PART `B' -MARY ETT CUNNINGHAM /CHULA VISTA SCHOOL AREA SVISBD AND ISSUED FOR RE -BI BASE BID PART `B' -ftRY GREW CUNNIXOHAM /CHULA VISTA SCHOOL AREAS CURB RAMP IMPROVEMENTS I, II IZI IV V BID 2 7[ U & WNIT DsSCRI>PTION UNIT PRICE IN FIGURZS BID ITEI[ SXTSxBION (QTY X UNIT PRICZ IN FIGURMS) B1 1 LS Mobilization /Demobilization, complete in place per LSD QQ� ��� • $ �Q (D(% 0 v B2 1 LS Traffic Control, complete in place per LS r $ 13 559 LF Sawcut existing asphalt pavement, complete in place _ 0 j j �7 $ l I l0� / per LF 4 244 LF • Sawcut existing concrete B idewalk /curb, complete in place per LF /l v /j $ JT Jq �S �7 r V o ,5 3383 SF Remove existing sidewalk, complete in place per SF ^� ; r �7l 3"56 6 401 LF Remove existing curb & gutter, complete in place per LF B7 200 SY Remove existing asphalt pavement surface, complete in place per SY _ .0o r $ I) 36D a "8 834 SF ADA Curb Ramps with pavers, complete in place per SF ((,q I J '�� �! �C� �l • L) if $ `r 9 200 SY Reconstruct asphalt pavement surface, complete in place �, $ , b�}� •G� per SY 0 621 SF 5 " thick reinf. concrete transition sidewalk, complete in place per SF -,RISC) $ 5D 11 Y, 50 PROPOSAL FORM Page 3 of 8 ADA COMPLIANCE - CURB RAMP IMPROVEMMENTS PA" `B• -MARY $RBTT CUNNIN(;;H M /CHULA VISTA SCHOOL AREA M SED AND ISSUED FOR RE -BI BASE BID PART `B' -GARY ORETT CUNNINC3HAM /CHULA VISTA SCHOOL AREAS CURB RAMP IMPROVEMENTS PROPOSAL FORM Page 4 of 8 II III IV V BID W QTY & UNIT DESCRIPTION UNIT PRICE IN FIQURES BID ITEU EXTIMSION (QTY X UNIT PRICE IN FIGfURES) B11 2384 OF 5' thick reinf. concrete sidewalk, complete in place per SF 12 720 OF Type "A" header curb, 6" max. height, complete in place per LF ,� $ �( , W �, 1 �� 13 218 IoF Curb & gutter section, complete in place per LF ' $ 5. 5o 10D 14 137 ILF Special gutter section front of curb ramps complete in place per LF 5, $ :14,e� 5 B15 1 LS Stormwater Pollution Prevention Plan Measures, complete in place per LS 50 LID _. $ '^ l f bb IP16 1 TA Restoring Site including all required seeding, complete in place per LS $ �,�Q� 1 0-b 17 2 RK Remove existing tree, complete in place per EA 50o in U $ I / 000 ' 0y 7� _18 318 IF Remove chain link fence, complete in place per LF �: 50 $ B19 275 I6F Install new chain link fence, complete in place per LF • //��, $ p2, 750- 6D PROPOSAL FORM Page 4 of 8 ADA CCW1PT.T%NCE - CURB RAMP IMPROVEMENTS PART `B' -MARY ORETT CUNNINGRAM /CHULA VISTA SCHOOL AREA WISED AND ISSUED FOR RE -BI BASE BID PMT `B'4-MART GRETT CUNNINOHAM /CHULA VISTA SCHOOL AREAS CURB RAMP IMPROVEMENTS S22 329 SF Crosswalk paving markings, n complete in place per SF , OLi $ 3J Q 323 1 LS Miscellaneous Street & Sidewalk Repair Allowance, 10,000.00 $ 10,000.00 complete in place per LS WBTOTA$, SASE SID MOT `B' - MARY QRETT CUNNINGHAM /CBULA VISTA SCHOOL as 15ii RAMP n*ROVzMzxTS: (Inclu s Be" Bid items B3. through B23) PROPOSAL FORM Page 5 of 8 s 5'7, 0�7. Iz rII IV V BID QTY & UNIT PRICE BID ITEM EXTSUSION ru UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) B20 14 LF Curb transition & gutter section ® 350 curb ramps, $ UU complete in place per LF '321 1 EA Relocate traffic stop sign, C- complete in place per EA Q $ - U S22 329 SF Crosswalk paving markings, n complete in place per SF , OLi $ 3J Q 323 1 LS Miscellaneous Street & Sidewalk Repair Allowance, 10,000.00 $ 10,000.00 complete in place per LS WBTOTA$, SASE SID MOT `B' - MARY QRETT CUNNINGHAM /CBULA VISTA SCHOOL as 15ii RAMP n*ROVzMzxTS: (Inclu s Be" Bid items B3. through B23) PROPOSAL FORM Page 5 of 8 s 5'7, 0�7. The undersigned hereby declares that he has visited the site ad has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees 1--o do the work, and that no representations made by the City are in any _nse a warranty but are mere estimates for the guidance of the - ontractor. . Upon notification of award of contract, we will within ten (lo) ilendar days execute the formal contract and will deliver a Performance 3ond (as required) for the faithful performance of this contract and a ?ayment Bond '(as required) to insure payment for all labor and materials. le bid bond attached to this proposal, in the amount of 5$ of the _ghest amount bid, is to become the property of the City of Corpus :hristi in the event the contract and bonds are not executed within the ,-_me above set forth as liquidated damages for the delay and additional )rk caused thereby. MinfritY /Minority Business Enterprise Participation: The )parent low bidder shall, within five days of receipt of bids, submit to ie City Engineer, in writing, the names and addresses of MBE firms )articipating in the contract and a description of the work to be )Rrformed and its dollar value for bid evaluation purpose. Number of signed Sets of Documents: The contract and all bonds fill be prepared in not less than four counterpart (original signed) ,ork om Tim within I the date Completion: undersigned 72-6. %n• The undersigned further declares that he will provide all Dcessary tools and apparatus, do all the work and furnish all materials d do everyttigq required to carry out the above mentioned work. covered this propooal, in strict accordance with the contract documents and he requirements pertaining thereto, for the sum or sums above set forth. x c pt of the foll umber) : u l "- is acknowledged (addenda U Q, Respect ully subm' ted: Name • j6r 41 C. By: U4"- �i EAL - IF BI7)jl"3ER IS (SIGKA U ) a Corporation) Address: t0a A(P- (P .0. Box (Street) (Ci y ) (State) (Zip) Telephone : yt U: Do not detach 4,id from other papers" Fill in with Ak and submit complete with attached pers. (Revised August 2000) PROPOSAL FORM Page 6 of 8 P E R F O R M A N C E B O N D BOND NO. PRF08822880 STATW OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNT[ OF NUECES § WHAT !,.Ortiz Construction & Paving, Inc. of NUECES County, Texas, hereinafter called "Principal ", and FIDELITY & DEPOSIT CO OF MARYLAND*, a corporation organized under the laws of the State of MARYLAND , and duly authorised t- do business in the State of Texas, hereinafter -tilled "SurF,tY ", are held and firmly bound unto the City ci Corpus Ch_ist a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUNDRED FIFTY -SEVi THOUSAND, SEVEN AND 00 /100($157,007.00) DOLLARS, lawful money of the Unite.- Stat.s, to be paid in Nueces County, Texas, for the payment c4 w;hici, =um well and truly to be made we bind ourselves, ^emu.- -�e_rs, xecitors, administrators and successors, jointly and se-Jera.ly, f -rm'y by these presents: *i- 0LONIAL ,AMERICAN CASUALT i' & SQRt;TY .-0. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered nto a certain contract with the City of Corpus Christi, dated the 27TH of MARCH , 20 07 , a copy of which is hereto attached and made <a part hereof, for the construction of: ADA COMPLIANCE CURB RAMP IMPROVEMENTS PART `B' MARY GRETT CUNNINGHAM/ CHULA VISTA SCHOOL AREAS PROJECT NO. 6293 (BASE BID `B': $157,007.00) VOW, THEREFORE, if .he principal shall faithfully perform said work in accordance witr, tie plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shal -- repa_r acid /or replace all defects due to faulty materials and /or wcrkmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then thi3 obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, t-at if any legal action be filed on this bond, venue sham l e in Nueces County, Texas. And that said curet,, for- value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract., or to tre work performed thereunder, or the plans, specifications, drawings, _,tc., accompanying the same shall in anywise affect its obli;,ation on this bond, and it does hereby waive notice of an; such change, extension of time, alteration or addition to t� - -.e 'erms f '_he cont-ract, or to the work to be performed thereunder. Performanr_e Bond Page 1 of 2 This bond is riven '.o meet the requirements of Article 5160, Vernon's Civil Starutes f -exas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered anc on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 1.19 -1, Vernon's Texas Insurance Code. 31 WI`T'NESS WSERROF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5TH day of ApRTr -- 2C ()/__- PRINCIPAL C'C'NSTRTTC'T i QN PAVT 7C'., T T( By:�4`l lug 4-1 eL44 (Print Name & Title) � ATTEST Se etary r _! F i n I f I n7� (Print Name SURETY 'FIDELITY & DEPOSIT COMPANY OF MARYLAND OLONIAL AMERICAN CASUALTY & SURETY CO Attorney - .}-fact '4ARY ELLEN MOORE (Print Name) de3i4i t Ott �Pf the Surety din !s County, = for notice AW, service of Process is: Agenc_ SWANTNER & GORT ON INSURANCE AGENCY COntac* Person: MARY ELLEN MOORR A re P.O. BOX 870 CORPUS [`.HR TSTT TEXAS 78401 Phone *umber: 361 -a2 3_ T 7 1 1 (NOTE: Bate of Performance Bond mLst not be prior to date of contract) (Revised 9102) Performance Bond Page 2 of 2 P A Y M E N T B 0 N D BOND NO_ PRF08822880 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § AT A.Ortiz CogMtruction 6 Paving, Inc. of NUECES County, Texas, hereinafter called "Principal ", andFLUR ,TTY & nRPnSTT C OF MARYTAND * , a corporation crgan-lzed under the laws of the State of MARYT,ANn and duly authorized t do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Chr -sti, a municipal corporation of Nueces County, Texas, hereinafter callec "�'.ity ", and unto all persons, firms and corporations supply-Lng labor and materials in prosecution of the work referred tc in the attached contract, in the penal sum of ONE EMM LaFTY -SEVEN THOUSAND, SEVEN AND 00/100($157,007.00) DOLLA lawful money of the United States, to be paid in Nueces County, `a'exas, for the payment of which sum well and truly to be made we bind ourse'ves, our heirs, executors, administrators and successors, Jo-intly and severally, firmly by these presents: * 'OLONIAL ,VlEkICAN CASUAL`1 6, SUR --TY :`C. TOE 00tWITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered me a certain contract with the City of Corpus Christi, dated the 27TH day MARCH , 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: ADA COWLIANCE CURB RAMP IMPROVEMENTS PART `B' MARY GRETT CUNNINGHAM/ CHULA VISTA SCHOOL AREAS PROJECT NO. 6293 (BASE BID `B': $157,007.00) HIM, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of -he work provided for in said contract and any and a':.1 duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise '.o remain in full force and effect. MOVIUM FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety fcr value received hereby stipulates that no change, extension of ~ime, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms ,f the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 Th AE bond �.s ,riven t o greet tree requirements of Article 5160, Vernon's Civil Statates f Texas, and other applicable statutes of the State of Texas. The terms "C -laimant ", "Labor" and "Material ", as used herein arm in accordance with and as defined in said Article, The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters ar- .sing out ��f such suretyship, as provided by Art. "`.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHERSOF, this instrument is executed in 4 copies, each one of which shal. be deemed an original, this the 5TH day O APRIL 20_)j, PRINCIPAL A- C)41IT7 t'QNSTRiTC'TTON F. PAVTNG, INC. (Print Name & Title) ATTEST Secretary U 01,1 5 f 1P OZ (Print Name) SURETY FT i )F;T.T TY &_ DFPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. Attorney -i-n -fact MARY ELLEN MOORE (Print Name? t Agent of the Surety in bliges County, Toad, Sod ..,� dolivOry 4& notice Abd service of process is: Agency: SWAN'PNER & GORDON INSURANCE AGENCY Cont*ct Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPTI CHRISTI. TEXAS 78403 Phone Number: � (� 1 _ �i g 1 -1 71 1 (NOTE: Date of Payment B )nd mi.ist not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLOMAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by PAUL C. ROGEI S, Vice President, and T E. SMITH, Assistant Secretary, in pursuance of u 13 Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the reverse er p ted to be in full force and effect on the date hereof does hereby nominate, consti o G en MOORE, R. M. LEE, Ulann EISENHAUER, Michael A. WHI gq� us Christi, Texas, EACH its true and lawful agent and Attorney -in -F 8 ° , to r, and on its behalf as surety, and as its act and deed: any and all bo s s ehalf of Independent Executors, Community Survivors and Co a ians of such bonds or undertakings in pursuance of these presents, shall be as binding t t o and amply, to all intents and purposes, as if they had been duly executed and acknowledged b rl cted officers of the Company at its office in Baltimore, Md., in their own proper persons. This power rney revokes that issued on behalf of Leroy A. RYZA, Mary Ellen MOORE, R. M. LEE, Diann EISENNAUER, Michael A. WHITNEY, Irene BLUEMEL, dated July 22, 2003. The said Assi$Mnt Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUAL "IN AND SURETY COMPANY, this 13th day of October, A.D. 2003. ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY W *�. MAL a .r. Jhw Y• T E. Stnith Assistant Secretary Paul C. Rogers Vice President State of Maryland I City of Baltimore ss: On $is 131h day of October, A.D. 2003. before the subscriber, a Notary Public of the State of Maryland, duly co toned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each fob himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed io the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. R. H4 �Z .unit � Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 168 -9883 .. �,.,,,,,. ....�.: m„�,- °.-- -_ --�. �•. - ..,..,�..,..,�K ..,.p.�,�.,.. _ ,,s,.. .. a _. w. _,....� .�.... -. ,.......- . � ---- --°-.- - — --^*ter Fidelity and Deposit Company of Maryland o ary Rome !iffice: P 0 Box '. 227, Baltimore, MD 21203 -1227 [MPORTACNT NOTICE - To obtain information or make a complaint: You may call the Fidelity and Deposit Company of vlaryland, Colonial American Casualty and w Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for information or to make a complaint at: 1 -800- 654 -5155 you may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints av 1- 300 - 252 -3439 Yuu may Ytirite the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 175 -1771 PNENMIXF OR CL AIi#�I DISPUTES- Should you have a dispute concerning the premium or abet-it a claim, You should first contact Fidelity and Deposit Company of Maryland or Colonial - Arverican Casualty 'Ind Surety 'ompany. If the dispute is not resolved, you may contact the Texts Department Of insurance. AjJALK THIS ;NOTICE TO YOUR POLICY This notice is for information only and does rieU�ccome a part or condition of the attached document. C`�'((tt , vol Diseostre Statement ZURICH Commercial Ilonds . BC ZURICH AGENTIBROKER COMPENSATION DISCLOSURE Dear Policytoder On behalf of° rich, we are glad you have chosen us as your insurance company. We look forward to meeting your insufrance n #s and want you to understand dearly our business relationship with the agent or broker you chose to represent yoW comolany's interests in the placement of insurance coverages. As Is the with Onany insurance companies in the United States, Zurich distributes many of its insurance products through or b4*Ars. This means that your agent or broker is not employed by Zurich and, in fad, may marry insu collpanies. Because we do not employ Your a y represent vary. We resnrmend you discuss these arrangements with your gent or broker, the way they are compensated may agent or broker. Like many other insurers, when Zurich compensates your agent or broker, they may receive two types of payments. The first typOof con%wsation is known as "base commission," and the second is called "contingent compensation." For an explailletion of the nature and range of compensation Zurich may pay to your agent or broker in connection with Y � , pleype go to http: /lnwwxurichna.com. Click on the information link located on the AgentlBroker Corhpensaf Disc sure section. Where appropriate, insert the Access Code provided below, and you will be able to view this infC*nation. Alternatively, you may call (877) 347 -6465 to obtain this type of information. Thank you. Access Codet 2016374474 UAET -E- 402-A CW (09 6) Page 1 of 1 A CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS y of Corpus C Orsrj))nance 17112, as amended, requires all persons or firms seeking to do business with he City to prov the taftwing Information. Every question must be answered. N the question is not . 'flicable, answer *M u *A". ..;M NAME ? 6'-' {- _Pz yt o C TtEET: c)- AtaP0ki led CITY:Cor10uS ��,� ✓! $ � { /i� ZIP: __q7(10_5 M is: 1. CorporStion 2. Partnership 3. Sole Owner 4. Association _ 5. Other DISCLOSURE QUESTIONS additkmal space Is necliesary, please use the reverse side of this page or attach separate sheet. State the namespf each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the owrship in the above named "firm" Name Job Title and City Department (if known) State the nam4 of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownfp'ship ih the above named "firm" -Name Title State the names if each `hoard member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the o*ership in the above named "firm ". -Name Board, Commission or Committee IV� State the name* of ea0h employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related Wi the abject of this contract and has an "ownership interest" constituting 3% or more of the ,ownership in the Bove termed "firm ". Name Consultant CERTIFICATE y n p rovided Is true and correct as of the date of this statement, that I have not n,oy of any inf(*natlon requested; and that supplemental statements will be promptly C us Christi, Texas as changes occur. LL,�, Wying Pierson: � /, /'3 k S)�Ir16 z A Title: e e_ fat (Ty$e or Print) nature of Certify*g Poison: Date: 3 -7-07 PROPOSAL FORM Page 7 of 8 A-MR -D CERTIFICATE OF LIABILITY INSURANCE CSR RT � DATEI.-AWDD /YYYY) ORTI2 -3 04/05/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner & uordc-. Ins _ Agcy-: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CJrpus hristi TX 78403 -08' Phone:361- 883 -7.711 Fax:361- 944 -C10-- INSURED A Ortiz Construction & Paving, Inc. 102 A�. ort Road Corpub hristi TX 78405 INSURERS AFFORDING COVERAGE NAIC # INSURER _ Republic Underwriters Ins INSURER B Southern Insurance CO 1 INSURER C. —�- INSURER D INSURER E THE POLICIES OF INSLII LIS1ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEJM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSt*ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE (LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ -- -`-T -- – – [LTR TYPODF INE21ME POLICY NUMBER DATE DDIYY DATE MWD LIMITS GENERAL LIA*LITY E i 10/29/0') P EACH OCCURRENCE $ $1,000,000 A PREMISES (Eaoccurence $ $ 100,000 MED EXP (Any one person) $ $ 5,000 P PERSONAL & ADV INJURY $ $ 1,000,000 G GENERAL AGGREGATE K K2,000,000 GENL AGGREGATE b MIT APPLIES PE R P PRODUCTS - COMPIOPAGG $ $ 2,000,000 ! POLICY JE 0 GC AUTOMOBILE L LIABILITY / 10/29/07 C COMBINED SINGLE LIMIT $ $ 1 X00 000 BODILY INJURY $ J{� H HIRED AUTOS BODILY INJURY $ $ PROPERTY DAMAGE $ $ i y - -- -- — -- - - P GARAGE L LIABILITY A AUTO ONLY - EA ACCIDENT $ $ – -{ O ANY ALTO E EA ACC $ $ $ EXCESSIUMBOLLA LIASILITY '�— E 10/29/07 A EACH OCCURRENCE 'X1,000,000 AGGREGATE $1,000,000 V $ V $ JC RETENT $10,000 $ $ WORKERS COMPE TION AND TORY LIMITS ER E.L. EACH ACCIDENT $ $ ANY P140PRIETOR/STNER/EXECUTIVE E E.L. DISEASE - EA EMPLOYEE $ $ E.L. DISEASE - POLICY LIMIT $ — _ . E DESCRrTIOb OF OPERAVi PNS I L04WIGNS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: ADd Compliance Curb Ramp Improvements Part B - Mary Grett Cunningham /Cl%ula Vista School Areas - Project No. 6293 See Attached i4ddenldum I= �l rav-cr r AT "w CICC —CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Corpus Christi. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN Dept of Engineering Services / NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : ` Conticact Administrator V IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. O. Box 9277 Corpu Christi TX 78469 -9277 REPRESENTATIVES. AU ¢ED R V W ACORD CORPORATION 193S W ACORD CORPORATION 193S IMPORTANT Ifhe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this oertificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between ttre issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it ati-matively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGQRV_ LtR7 IFILAI E OF LIABILITY INSURANCE CSR RT , DATE(MM /DDNYYYI ___ ORTIZ -9 04/06/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner & Gordon Ins Ayres HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 970 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403 -J87-- Phone: 361- 883 -1711 Fax : 361- 844 -Olin INSURERS AFFORDING COVERAGE NAIC # - -- INSURED __ _ - NSURER A American Home Assurance Co. NSURER B �— A. Ort;'iLz Construction Company �� NSURER C — 102 Aort Road — — - -- - Corpus Christi TX 78405 NSURER D _ INSURER E rnvcn. nr•. -- -- � _ THE POLICIES OF INSURAJICE LISTED BELOW HAVE BEEN 'SSUED TO THE INSURED NAMED ABCVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TER#OR CONOIT10N OF ANY CONTRACT OR OTHE: -t DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSU*NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR N CTIVE TYPE INSU E ��— POLICY NUMBER — DATE MWDD/YY DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABIL T` - - - -� —. CLAiM6 MAD " ! OCCUR PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLES PEP POLICY -- PRO- CT 0(, PRODUCTS - COMP /OP AGG� $ AUTOMOBILE - AUTOMOBILE LIWILITY ANY 4UT.J COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AiITOS - SCHEDULED AU TOS BODILY INJURY (Per person) $ HIRED AUTOS -.J NON- OWNEDA',.ITUS BODILY INJURY (Per accident) ! $ PROPERTY DAMAGE (Per accident) $ e___ _ _____ ___ _ _ _ _- GARAGE LIABILITY ANY AUTO' AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE !OCCUR CLAIMS MADE ! '' AGGREGATE $ $ DEDUCTIBLE RETENTION $ J $ WORKERS COMPENSPAON AND EMPLOYERS' LIAINLITS A ANY PROFRIETORIPAFa 1ER /EXECUTIVE WC336O7rJ2 11/19/06 1.1/19/07 X TORY LIMITS ER EI. EACH ACCIDENT $500,000 Oyes, de IMEMBER EXCLUDED" 1 j If yet. dealCnbe under ,�.'' � SPECIAL PROVISIONS Wow - -�_ OTHER I E L DISEASE - EA EMPLOYEE $ 500 000 r E L DISEASE - POLICY LIMIT $ 500 r 000 ! DEiCRIPMN OF OPERA-n ! LOCAftNS / VEHICLES I EXCLWIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: ADA Compliance Curb Ramp Improvements Part B - Mary Grett 'Cunningham /Chula Vita School Areas - Project No. 6293 Workers Compen#ation provides coverage for Proprietor /Owner. . r^III[DTICM`A unN:nc CICC -CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION City of Corpus Christi DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O (//DAYS WRITTEN Engine*ing Services NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: tontMct Administrator P. 0. WX 922`77 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Corpus Christi TX 78469 -9277 REPRE TATIIIES. 25 © AC 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If .JBRC)GATION 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 Neu of such endorsemert(s) DISCLAIMER TtiiIii Certillicate of Insurance on the reverse side of this form does not constitute a contract between th&issuirV insurer(s), authorized representative or producer, and the certificate holder, nor does it affilimatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25'(2001/08) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INStiRED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Services �Attn: Contract Administrator P. O Box 9277 Corpus Christi, Texas 78469 -9277 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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" for that insured by or for you. Named Insured: A. Ortiz Construction & Paving, Inc. Policy Number: TXP5648248 V' EffectWe Dale of This 4, 5107 Endorsement: Autho>zed Representative: Name (Printed) Title (Printed) GL 20 10 11 85 R. M. Lee Managing Partner ATTACHMENT 2 1 OF 2 V ADDITIONAL INSURED This endorsement modifies insurance provided under the following: v� i BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERSCOVERAGE FORM TE 99 01B This endorsement changes the policy effective on the inception date of the policy unless another date i indicated below: Effective NA 4/7/07 Named Insured A. Ortiz Construction & Paving, Inc. Policv Number BAP5648249 V Coun (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Additional Insured: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 -9277 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The alitiottal insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You ale authorized to act fix the additional insured in all matters pertaining to this insurance. We wl mail the additional insured notice of any cancellation of this policy. If the cancellation is by us. we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. FORr4 TE " 01B - ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19, 1992 ATTACHMENT 2 2OF2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART V LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY" COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, we agree to mail prior written notice of cancellation or material change to: City of Corpus Christi Dept. Of Engineering Services Attn: Contract .Administrator P. O. Box 9277 Corpus Christi, TX 78469 -9277 Number of days advance notice: "THIRTY (30) Named Insured: A. Ortiz Construction & Paving, Inc. Policy Nutter: TXP5648248 Effective Date of This Endo cement: 4/5/07 Authlrized Representative: czft - ---. —4�v- Y Name (Primed): R. M. Lee Title (Printed): Managing Partner CG0*05 (11/85) ATTACHMENT 3 1 OF 3 r TE 02 02A CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE f FORM GARAGE COVERAGE FORM TRUCKERSCOVERAGE FORM This endorsement changes the police effective on the inception date of the policy unless another date is indicaled below: Endorsirnent Effective Policy Number 4/5/07 V, BAP5648249 Y' Named insured A. Ortiz Construction & Paving, Inc. Countersigned by (Authorized Representative) THIRTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 -9277 Authorised Representative: C2040f000r / Name (Printed): R. M. Lee Title (Ainted): Managing Partner FORM 02 CANCELLATION PROVISION OR COVERAGE CHANGE 02A - ENDORSEMENT Texas Standard Automobile Endorsement Prescribed November 1, 1987 ATTACHMENT 3 2OF3 WORICFRS COMPENSATION XND EMPLOYERS LIABILITY WC 42 06 01 INSURANCE POLICY (ED. 7 -85) TEXAS NOTICE (JF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancellation or other material change of the policy. we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 — Notice will be mailed to: City of Corpus Christi Department of Engineering Services / Attn: Contract Administrator ✓ P O Box 9277 Corpus Christi, TX 78469 -9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 4%5!07 Policy No. WC3360752 L/ Insured A. Ortiz Construction Company J Insurance Company American .Assurance WC420601 (Ed. 7 -84 Home Countersigned By: Name (Printed) Title (Printed) Endorsement No. Premium $n/a f R. M. Lee Managing Partner