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C2018-618 - 9/25/2018 - Approved
C2018-618 • 9/25/18 Ord. 031566 SpawGlass Civil Construction 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 25,2018, is between the City of Corpus Christi (Owner)and SpawGlass Civil Construction, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Project Number: E17112(Terminal Apron Phase II) E17113(East GA Apron Phase III) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver 3755 S.Capital of Texas Highway Suite#325 Austin.TX 78704 2.02 The Owner's Authorized Representative for this Project is: Joshua Seneca!, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 250 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 280 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 00 52 23-1 CCIA Rehabilitate Terminal Apron Phase II and East GA Apron Phase III—Project No. E17112&E17113 Rev06-22-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III PROJECT No. E17112 & E17113 o NEMNuuuuuu�uuuuuu�uuuuuuu�uu�uuuuu 6 " mmjm�r 111111111 .. OF .. .�,•�E OF 1-ty ......... . ...:...................................... .. ......JOS ��CR WFO. .�...�� u,.p� %...MATTHEW C. LEMAY .... ... .......................... l# : 11489 � C.1hrls, �l` 112269 ° 1 N � .. ���SS�ONALENG� �� SS....... AW Digitally Signed Digitally Signed 06/29/2018 Garver 06/29/2018 Firm Registration No: F-5713 3755 S. Capital of Texas Highway, Suite 325/Austin, TX/(512) 485-0009 Record Drawing Number: AP-147 June 29, 2018 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Inviit�_�:IIoi� to I�"1 d all"�d I"��s�II"�Ict;IIoi�s to �"111G�G�eirs (Rev 01-13-2016) 00 30 00 �"1IIG�,� r�acki�&D OJ� -- Y !. RDII;I Y (Rev 01-13-2016) 00 30 01 !j „IFpu„!rrr�„(Rev 01-13-2016) 00 30 02 C)irrr.. .11„! !rl. . ...: p..... :. :Sta .....II:::: . ....p!rl.....lel„ pirl!r !i !rl::....1�1!i !r 00 30 05 DiiscIlos u!re of ll!r teii ��;(Rev 01-13-2016) 00 30 06 Io1ro-CoIIIIuslbin Ceu°u: ficabolro ....................................................................................................................................................................... 00 45 16 :!.a. �!rrr��!ruu up:�:.E... .p.e.!!::!ieiruc- (Rev 06-22-2016) 00 52 23 g!r !rrr !ruu (Rev 06-22-2016) 00 61 13 l u, pun_a!nce I. o..i u .(Rev 01-13-2016) 00 61 16 „ irrriruu ICiru (Rev 01-13-7016) 00 72 00 G e..in.eIl;cr"�I� !C(DI�djt.IoiEI .2(Rev 3-23-2015) 00 72 01 I!rusuuu:a!ruce 1R.eu�liu: !rn�!ruu� (Rev o6-22-2016) 00 72 02 xi „I u 1 „ u !iu„ !rrr !ruu (Rev 06-12-2015) 00 72 03 „!i!ruupu,!iuy II IC IF/ IC IC IF II !ru!ic!%pPu!j�piru ll�6.ii.� (Rev o1-13-2016) 00 73 00 . .p.p 11 irrr iru:. .!!:.:Y.._Q)in !j u:!i o in s 00 74 00 Special Conditions for the Federal Aviation Administration 00 74 01 FAA General Provisions Division 01 General Requirements 01 11 00 S uuirrr !rrr��!rppu:lk (Rev 01-13-2016) 01 23 10 Allteiriroates alrod AIIIlo alruc6s ..................................................................................................................................................................... 01 29 00 .IIS...IIS.II!%c.pt o.!rg...:f:.pu:.:...P.a.. !rnein:�:....lPiroceduiu:: .S.(Rev 03-11-2015) 01 29 01 Ias.0!r�irrr !ru:I:....a!ru .....IC as!i.....::pu::....1 .a.. !rrriru:.:�Rev01-13-2016) 01 31 00 !r p..G. :.:....Il p g girnein:�.:...aired„Cool:.: !i!ruau;!i�p!ru (Rev o1-13-2016) 01 31 13 !r p..G. p!r !%!ru a u!%o in 01 31 14 I ua!rgg��'.....II p!ru. .jp !rrr !ru:t 01 33 00 C o cc g irn e in:�:....lM a in a.�xi !rrr� !ru:�:. 01 33 01 S uulbi.r. !i :u 11 ll�,egisu e!r (Rev 7/3/2014) 01 33 02 I u�p.l�.....IC�!rP. !iiru.g2 Division Title Section 013304 Coinstiru.ctjoin P.rog!!-ess Schedule 014000 Qgp !..y Facilities and Controls !, Controls 017000 Execution and Closeout �Re. Part S Standard Specifications NONE Part T I Technical Specifications Supplementary Specifications—Civil SS-101 Safety Plan Compliance Document (SPCD) SS-120 Site Preparation SS-130 Trench and Excavation Safety Systems SS-222 Asphalt Crack Repair FAA Standard Specifications—Civil D-705 Pipe Underdrains for Airports P-101 Surface Preparation P-152 Excavation, Subgrade, and Embankment P-153 Controlled Low-Strength Material (CLSM) P-155 Lime-Treated Subgrade P-156 Temporary Air Water Pollution Soil Erosion and Siltation Control P-209 Crushed Aggregate Base Course P-304 Cement-Treated Base Course P-401 Hot Mix Asphalt(HMA) Pavements P-403 Plant Mix Bituminous Pavements (Base, Leveling, or Surface Course) P-501 Portland Cement Concrete (PCC) Pavement P-602 Bituminous Prime Coat P-603 Bituminous Tack Coat Table ofContents 000100-2 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 Division/ Title Section P-604 Compression Joint Seals for Concrete Pavements P-605 Joint Sealant for Concrete Pavements P-610 Structural Portland Cement Concrete P-620 Runway and Taxiway Marking P-631 Refined Coal Tar Emulsion with Additives, Slurry Seal Surface Treatment T-901 Seeding T-904 Sodding T-905 Topsoiling Supplementary Specifications—Electrical SS-300 Basic Electrical Requirements SS-301 Electrical Demolition and Relocation Work SS-310 Airport Lighting Systems FAA Standard Specifications—Electrical L-108 Underground Power Cable for Airports L-110 Airport Underground Electrical Duct Banks and Conduits Appendix Title END OF SECTION Table of Contents 000100-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 Page Intentionally Left Blank Table of Contents 000100-4 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Owner's Prosect Identification No. E17112(Terminal Apron Phase II) E17113 (East GA Phase III) This proiect is being funded 90% by Federal Aviation Administration AIP funds and 10%by the City of Corpus Christi funds. A. This Project includes the rehabilitation of portions of the existing Terminal Apron and reconstruction of approximately 5.700 SY of the existing Terminal Apron, and the reconstruction of approximately 14.000 SY of the existing East GA Apron (including additive alternates), along with related pavement marking, electrical,grading and drainage.Two separate Bid Forms are provided. Bid Option 1(Concrete)for a new concrete reconstructed apron section and Bid Option 2 for a new Hot-Mix Asphalt Concrete reconstructed apron section. Bidders may submit a bid on either Option 1, or Option 2, or both Options. Bid Option 1 (Concrete) includes 4 Additive Alternates and Bid Option 2 (HMAC) includes 3 Additive Alternates. This Project is primarily funded by FAA and FAA requirements apply to this Project. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$ 7.500.000.00 for Bid Option 1 (Concrete)with Additive Alternates and $7.200.000.00 for Bid Option 2 (HMAC)with Additive Alternates. The Project is to be substantially complete and ready for operation within 250 days, No additional contract time will be allotted for any Additive Alternate. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113-1 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than August 8, 2018 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III, Project No. E17112 & E17113 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at August 8, 2018, at the following location: City Hall Building City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. Invitation to Bid and Instructions to Bidders 002113-2 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held at 10:00 AM (Local Time) on August 1, 2018 at the following location: Corpus Christi International Airport Terminal Building 1000 International Drive Corpus Christi,Texas 78406 Parking:Short Term Parking Tickets will be validated if brought up to the receptionist ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5,that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Invitation to Bid and Instructions to Bidders 002113-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. Invitation to Bid and Instructions to Bidders 002113-4 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly Invitation to Bid and Instructions to Bidders 002113-5 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have Invitation to Bid and Instructions to Bidders 002113-6 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/ DBE PARTICIPATION POLICY. 16.02 City minority participation goal for this Project has been established to be 45%. 16.03 City minority Business Enterprise participation goal for this project has been established to be 15%. 16.04 Federal Disadvantaged Business Enterprise participation goal for this Project has been established to be 8.87%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 10 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will Invitation to Bid and Instructions to Bidders 002113-7 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at h1t!QjJwww.1: Eli :3 i; , i / overnment/city-secretary/conflict- disclosurelindex. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www,ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. Invitation to Bid and Instructions to Bidders 002113-8 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. Invitation to Bid and Instructions to Bidders 002113-9 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-10 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—E17112 & E17113 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ❑X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ❑X Not Required Insurance Requirements 007201-1 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 Owner's Protective Liability Equal to Contractor's Liability Insurance X Required ❑ Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. Insurance Requirements 007201-2 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; Insurance Requirements 007201-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and Insurance Requirements 007201-4 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 Owner's Protective Liability Insurance A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's Liability insurance and from the same company that provides the Contractor's Liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section Insurance Requirements 007201-5 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. Insurance Requirements 007201-6 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. Insurance Requirements 007201-7 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriters of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. Insurance Requirements 007201-8 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. Insurance Requirements 007201-9 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. Insurance Requirements 007201-10 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201-11 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 Page Intentionally Left Blank Insurance Requirements 007201-12 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112 & E17113 Rev 06-22-2016 C'I V(-'G\ "I Report Created On:8/8/2018 2:13:24 PM PROJECT: E17112 AND E17113 CCIA Rehabilitate Terminal Apron-Phase II and East GA Apron-Phase III BIDDER: SpawGlass Civil Construction, Inc. TOTAL BID: $0.00 COMPLETION TIME: Not Required BIDDER INFO: 13800 West Road Houston,TX 77041 P:281-970-5300 F:281-970-5305 00 30 00 BID ACKNOWLEDGEMENT FCD�RM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal is submitted by SpawGlass Civil Construction, Inc. (type or print name of company) on:August 8, 20!18 at 2:00 PM (Local Time)for E17112&E17113 Corpus Christi International Airport Rehabilitate Terminal Apron Phase It and East GA Apron Phase 111. 1,012 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www,CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Corpus Christi International Airport Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase 111, Project No, E17112& E17113 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2,02 Bidder accepts all:of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 103 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Bid Acknowledgement Form 003000-1 CCIA Rehabilitate Terminal Apron Phase H and Fast GA Apron Phase III—Project No. E17112&E17113 RvvO113 2016 Addendum No. Addendum Date Signature Acknowledging Receipt One August 3, 2018 ...... ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the,other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and, performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work, 3.04 The (Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each, of these reports and drawings, 3.05 The Bidder has considered the: A. information known to Bidder; Bid Acknowledgement Form 00 30 00-2 CLIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112&E17113 Rw 01 13 2016 B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BIO 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. D. The Bidder shall submit a bid for either Bid Option 1(Concrete)or Bid Option 2(HMAC),or both; however,each Bid submitted must include,at a minimum,bids for Parts A,B,and C. The Bidder shall also include a bid for each Additive Alternate provided on each Bid Form. Bid Acknowledgement Form 003000-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No.E17112&E17113 Rev01-13-2016 E. For bid items with quantities deducted in subsequent additive alternates,Contractor shall include same bid price in both locations. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 004515 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. 5.04 Owner will,at its discretion,award the contract to the lowest responsible Bidder for the Base Bid, plus Additive Alternates in order of priority, based on the available budget,ranking the alternates as provided below with one(1) being the highest priority. Bid Option 1 (Concrete): 1. Base Bid 2. Base Bid+Additive Alternate 11 3. Base Bid+Additive Alternate II+Additive Alternate III 4. Base Bid+Additive Alternate II+Additive Alternate III+Additive Alternate 1 5. Base Bid+Additive Alternate II+Additive Alternate III+Additive Alternate 1+Additive Alternate IV Bid Option 2(Asphalt): 1. Base Bid 2. Base Bid+Additive Alternate II 3. Base Bid+Additive Alternate II+Additive Alternate III 4. Base Bid+Additive Alternate II+Additive Alternate III+Additive Alternate I Bid Acknowledgement Form 003000-4 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No.E17112&E17113 ReV01-13-2016 5.05 City will be using pavement benefit cost analyses to determine best value of bid options when evaluating bids and awarding bid options. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 2S0 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 280 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 72 03 MINORITY/MBE f DBE PARTICIPATION POLICY ARTICLE 9—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bid Acknowledgement Form 003000-5 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No.E17112&E17113 Revell-13-2016 Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10,03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an"alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have,previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the,Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 1,1—BID SUBMITTAL 11,01 This Bid its submitted by: Bidder: SpawGIass Civil Construction, Inc. (typed or printed full legal name of Bidder) By: (individual's signature) Name: Amer Al-Nahhas (typed or printed) Title: President ,..)(typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No., 76-0497205 Address forgiving notices: 13800 West Road Houston,Texas 77041 Phone: 281-970-5300 Email: Amer.Al-Nahhas@SpawGIass.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase 111i—Project No. E1711.2 &E17113 Rev 01 1.3 2016 RECORD OF ACTION OF THE DIRECTORS OF SPAWGLASS CIVIL CONSTRUCTION INC' September Z9, 2Q17 INASMUCH as Section 9.10(B) of the Texas Business Corporation Act provides that the Directors of a business corporation may act, without the formality of a meeting, by subscribing their monnes to a record of the action assented to and taken by them unanimously, NO�W, THEREFORE, the undersigned, being all the Directors of SpavvGUass Civil Construction Inc., records that effective the 15t day of Manch 2017, in lieu of holding a meeting of the Directors, they hereby adopt the following resolutions: RESOLVED, that all formalities pertaining to the nomination and election, of the Corporation's officers are waived and the following persons are elected to the position(s) set forth after their respective names, to hold such office(s) until the election and qualification of their respective successors or until their earlier death, resignation, removal, or disqualification and in their capacity es a duly elected officer of the corporation, are hereby authorized to execute contract, bond and bid documents on behalf ofthe corporation: Name_ TitleLs} Joel D. Stone Chairman of the Board/ChiefExecutive Officer Robert Friedel Sr. Vice President, Chief Financial Officer Michael P. Emlrnnms Chief Operating Officer Amer F. A|-Nahhas President Civil Division Dan Hinson Vice President, Secretary/Treasurer IN WITNESS WHEREOF, the undersigned has executed this document as of the day and year first above written. Joel D. Stone Amer F. A|-Nahhas Robert Friedel Michael P. Emmons C'Iy(-,G\ ,"I Report Created On:8/8/2018 2:13:25 PM BID TOTALS BASE BID OPTION 1 (CONCRETE) Total PART A-GENERAL $559,543.74 Part B-BASE BID-TERMINAL APRON $2,957,042.00 Part C-BASE BID-EAST GA APRON $3,036,039.82 Total $6,552,625.56 ADDITIVE ALTERNATE 1 Total Part D-ADDITIVE ALTERNATE I-TERMINAL APRON-PRIORITY 3 $234,793.50 Total $234,793.50 ADDITIVE ALTERNATE II Total Part E-ADDITIVE ALTERNATE 11-EAST GA APRON-PRIORITY 1 $201,158.43 Total $201,158.43 ADDITIVE ALTERNATE III Total Part F-ADDITIVE ALTERNATE III-EAST GA APRON-PRIORITY 2 $205,100.66 Total $205,100.66 ADDITIVE ALTERNATE IV Total Part G-ADDITIVE ALTERNATE VI -EAST GA APRON-PRIORITY 4 $28,120.00 Total $28,120.00 BASE BID OPTION 2(HMAC) Total PART A-GENERAL Not Bidding Part B-BASE BID-TERMINAL APRON Not Bidding Part C-BASE BID-EAST GA APRON Not Bidding Total Not Bidding ADDITIVE ALTERNATE I(HMAC) Total Part D-ADDITIVE ALTERNATE I-TERMINAL APRON-PRIORITY 3 Not Bidding Total Not Bidding ADDITIVE ALTERNATE II(HMAC) Total Part E-ADDITIVE ALTERNATE 11-EAST GA APRON-PRIORITY 1 Not Bidding C'Iy(-'G\ "I Report Created On:8/8/2018 2:13:25 PM ADDITIVE ALTERNATE II(HMAC) Total Total Not Bidding ADDITIVE ALTERNATE III(HMAC) Total Part F-ADDITIVE ALTERNATE II-EAST GA APRON-PRIORITY 2 Not Bidding Total Not Bidding BASE BID OPTION 1 (CONCRETE) PART A-GENERAL No. Description Unit Qty Unit Price Ext Price 1-A1 01 29 01 MOBILIZATION (MAX. 5%) L.S. 1 $311,614.00 $311,614.00 1-A2 01 29 01 BONDS AND INSURANCE L.S. 1 $237,181.82 $237,181.82 1-A3 01 29 01 OWNER'S PROTECTIVE L.S. 1 $6,214.00 $6,214.00 INSURANCE 1-A4 01 57 01 OZONE ADVISORY DAYS EA 2 $2,266.96 $4,533.92 Sub Total: $559,543.74 Part B-BASE BID-TERMINAL APRON No. Description Unit Qty Unit Price Ext Price 1-131 SS-120-3.1 SITE PREPARATION L.S. 1 $246,262.67 $246,262.67 1-B2 SS-130-4.1 TRENCH AND L.S. 1 $566.74 $566.74 EXCAVATION SAFETY SYSTEMS 1-B3 SS-222-5.1 CRACK REPAIR(TYPE L.F. 4000 $1.25 $5,000.00 1A) 1-B4 SS-222-5.2 CRACK REPAIR(TYPE L.F. 500 $5.67 $2,835.00 1 B) 1-B5 SS.300-5.1 LOCKOUT/TAGOUTAND L.S. 1 $11,334.79 $11,334.79 CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 1-B6 SS-301-5.1 EXISTING BASE EACH 2 $1,133.48 $2,266.96 MOUNTED EDGE LIGHT, REMOVED 1-B7 SS-310-5.1 L-861 T(L)BASE EACH 2 $1,133.48 $2,266.96 MOUNTED TAXIWAY EDGE LIGHT, INSTALLED 1-138 SS-310-5.2 TEMPORARY AIRFIELD L.S. 1 $5,667.39 $5,667.39 LIGHTING 1-139 D-705-5.1a 4 INCH PERFORATED LF 200 $24.61 $4,922.00 UNDERDRAIN PIPE, INSTALLED C'Iy(_'G\ "I Report Created On:8/8/2018 2:13:25 PM Part B-BASE BID-TERMINAL APRON No. Description Unit Qty Unit Price Ext Price 1-1310 D-705-5.1b 4 INCH LF 330 $22.26 $7,345.80 NONPERFORATED OUTFALL PIPE, INSTALLED 1-1311 P-101-5.1 PAVEMENT REMOVAL, S.Y. 5370 $10.02 $53,807.40 ASPHALT(18") 1-1312 P-101-5.3 PAVEMENT REMOVAL, S.Y. 270 $36.88 $9,957.60 CONCRETE(15") 1-1313 P-101-5.4 CONCRETE JOINT L.F. 65000 $7.37 $479,050.00 SEALANT REPAIR(SILICONE SEALANT) 1-1314 P-101-5.7 CONCRETE CRACK L.F. 5500 $3.97 $21,835.00 REPAIR 1-1315 P-101-5.8 PARTIAL DEPTH S.Y. 200 $795.79 $159,158.00 CONCRETE PAVEMENT REPAIR 1-1316 P-101-5.9 FULL DEPTH CONCRETE S.Y. 1700 $321.65 $546,805.00 PAVEMENT REPAIR 1-1317 P-101-5.10 COLD MILLING(2") S.Y. 2840 $7.36 $20,902.40 1-1318 P-152-4.1 UNCLASSIFIED C.Y. 920 $21.64 $19,908.80 EXCAVATION 1-1319 P-152-4.2 UNSUITABLE C.Y. 800 $23.92 $19,136.00 EXCAVATION 1-B20 P-153-7.1 FLOWABLE FILL C.Y. 25 $183.80 $4,595.00 1-B21 P-156-5.1 TEMPORARY EROSION L.S. 1 $23,661.25 $23,661.25 CONTROL 1-B22 P-304-8.1 CEMENT-TREATED BASE S.Y. 5960 $41.22 $245,671.20 COURSE(10") 1-B23 P-401-8.1 BITUMINOUS SURFACE TON 320 $280.08 $89,625.60 COURSE(2") 1-B24 P-501-8.1 PORTLAND CEMENT S.Y. 5910 $148.63 $878,403.30 CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-B25 P-620-5.1-1a PAVEMENT MARKINGS S.F. 1560 $1.98 $3,088.80 (YELLOW)WITH REFLECTIVE MEDIA 1-B26 P-620-5.1-1b PAVEMENT MARKINGS S.F. 2990 $1.98 $5,920.20 (BLACK)WITHOUT REFLECTIVE MEDIA 1-B27 P-620-5.1-1c PAVEMENT MARKINGS S.F. 500 $1.98 $990.00 (RED)WITH REFLECTIVE MEDIA 1-B28 P-620-5.1-1d PAVEMENT MARKINGS S.F. 1000 $1.98 $1,980.00 (WHITE)WITH REFLECTIVE MEDIA 1-B29 P-620-5.2-1a TEMPORARY S.F. 800 $1.98 $1,584.00 PAVEMENT MARKINGS(YELLOW) WITH REFLECTIVE MEDIA C'Iy(_'G\ "I Report Created On:8/8/2018 2:13:25 PM Part B-BASE BID-TERMINAL APRON No. Description Unit Qty Unit Price Ext Price 1-B30 P-620-5.3 PAVEMENT MARKING S.F. 3600 $8.50 $30,600.00 REMOVAL 1-B31 P-631-7.1 REFINED COAL TAR S.Y. 3500 $10.20 $35,700.00 EMULSION WITH ADDITIVES FOR SLURRY COAT 1-B32 T-901-5.1 SEEDING ACRE 0.1 $34,241.90 $3,424.19 1-B33 T-904-5.1 SODDING S.Y. 240 $13.26 $3,182.40 1-B34 L-108-5.1 NO. 8 AWG, 5 Kv, L-824, L.F. 375 $4.53 $1,698.75 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT 1-B35 L-108-5.2 NO.6 AWG, SOLID, BARE L.F. 240 $4.53 $1,087.20 COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS 1-B36 L-110-5.1 NON-ENCASED, L.F. 210 $28.34 $5,951.40 SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1-WAY 2"C 1-B37 L-110-5.1 NON-ENCASED, L.F. 30 $28.34 $850.20 SCHEDULE 80 PVC ELECTRICAL CONDUIT, 1-WAY 2"C Sub Total: $2,957,042.00 Part C-BASE BID-EAST GA APRON No. Description Unit Qty Unit Price Ext Price 1-C1 SS-120-3.1 SITE PREPARATION L.S. 1 $160,889.10 $160,889.10 1-C2 SS-130-4.1 TRENCH AND L.S. 1 $566.74 $566.74 EXCAVATION SAFETY SYSTEMS 1-C3 SS-300-5.1 LOCKOUT/TAGOUT AND L.S. 1 $2,833.69 $2,833.69 CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 1-C4 SS-300-5.2 GATE 14B EQUIPMENT, L.S. 1 $3,967.18 $3,967.18 RE-INSTALLED 1-05 SS-301-5.1 EXISTING BASE EACH 3 $1,133.48 $3,400.44 MOUNTED EDGE LIGHT, REMOVED 1-C6 SS-301-5.2 GATE 14B EQUIPMENT, L.S. 1 $3,967.18 $3,967.18 REMOVED 1-C7 SS-310-5.1 L-861 T(L)BASE EACH 3 $1,133.48 $3,400.44 MOUNTED TAXIWAY EDGE LIGHT, INSTALLED 1-C8 SS-310-5.2 TEMPORARY AIRFIELD L.S. 1 $5,667.39 $5,667.39 LIGHTING C'Iy(_'G\ "I Report Created On:8/8/2018 2:13:25 PM Part C-BASE BID-EAST GA APRON No. Description Unit Qty Unit Price Ext Price 1-C9 D-705-5.1a 4 INCH PERFORATED LF 375 $23.91 $8,966.25 UNDERDRAIN PIPE, INSTALLED 1-C10 D-705-5.1b 4 INCH LF 160 $23.41 $3,745.60 NONPERFORATED OUTFALL PIPE, INSTALLED 1-C11 P-101-5.2 PAVEMENT REMOVAL, S.Y. 11310 $6.55 $74,080.50 ASPHALT(12") 1-C12 P-101-5.3 PAVEMENT REMOVAL, S.Y. 410 $36.47 $14,952.70 CONCRETE(15") 1-C13 P-152-4.1 UNCLASSIFIED C.Y. 4080 $21.40 $87,312.00 EXCAVATION 1-C14 P-152-4.2 UNSUITABLE C.Y. 1300 $23.57 $30,641.00 EXCAVATION 1-C15 P-155-8.1 LIME-TREATED S.Y. 11910 $10.75 $128,032.50 SUBGRADE(12") 1-C16 P-155-8.2 LIME TON 360 $230.06 $82,821.60 1-C17 P-156-5.1 TEMPORARY EROSION L.S. 1 $29,341.33 $29,341.33 CONTROL 1-C18 P-304-8.1 CEMENT-TREATED BASE S.Y. 12340 $41.98 $518,033.20 COURSE(10") 1-C19 P-501-8.1 PORTLAND CEMENT S.Y. 12260 $148.49 $1,820,487.40 CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-C20 P-620-5.1-1a PAVEMENT MARKINGS S.F. 1200 $1.98 $2,376.00 (YELLOW)WITH REFLECTIVE MEDIA 1-C21 P-620-5.1-1b PAVEMENT MARKINGS S.F. 2240 $1.98 $4,435.20 (BLACK)WITHOUT REFLECTIVE MEDIA 1-C22 P-620-5.2 PAVEMENT MARKING S.F. 2160 $8.50 $18,360.00 REMOVAL 1-C23 T-901-5.1 SEEDING ACRE 0.2 $22,907.15 $4,581.43 1-C24 T-904-5.1 SODDING S.Y. 450 $13.26 $5,967.00 1-C25 L-108-5.1 NO. 8 AWG, 5 Kv, L-824, L.F. 825 $4.53 $3,737.25 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT 1-C26 L-108-5.2 NO.6 AWG, SOLID, BARE L.F. 410 $4.53 $1,857.30 COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS 1-C27 L-110-5.1 NON-ENCASED, L.F. 410 $28.34 $11,619.40 SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1-WAY 2"C C'Iy(_'G\ "I Report Created On:8/8/2018 2:13:25 PM Part C-BASE BID-EAST GA APRON No. Description Unit Qty Unit Price Ext Price Sub Total: $3,036,039.82 ADDITIVE ALTERNATE1 Part D-ADDITIVE ALTERNATE I-TERMINAL APRON -PRIORITY 3 No. Description Unit Qty Unit Price Ext Price 1-D1 P-101-5.4 CONCRETE JOINT L.F. -65000 $7.37 ($479,050.00) SEALANT REPAIR(SILICONE SEALANT) 1-D2 P-101-5.5 CONCRETE JOINT L.F. 65000 $9.07 $589,550.00 SEALANT REPAIR(COMPRESSION JOINT SEALANT) 1-D3 P-101-5.6 CONCRETE JOINT L.F. 8000 $14.17 $113,360.00 REPAIR 1-D4 P-501-8.1 PORTLAND CEMENT S.Y. -5910 $138.53 ($818,712.30) CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-D5 P-501-8.2 PORTLAND CEMENT S.Y. 5910 $140.38 $829,645.80 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) Sub Total: $234,793.50 ADDITIVE ALTERNATEII Part E-ADDITIVE ALTERNATE II-EAST GA APRON-PRIORITY 1 No. Description Unit Qty Unit Price Ext Price 1-E1 SS-301-5.1 EXISTING BASE EACH 1 $1,133.47 $1,133.47 MOUNTED EDGE LIGHT, REMOVED 1-E2 SS-310-5.1 L-861T BASE MOUNTED EACH 1 $1,133.47 $1,133.47 TAXIWAY EDGE LIGHT, INSTALLED 1-E3 D-705-5.1a 4 INCH PERFORATED LF 30 $25.64 $769.20 UNDERDRAIN PIPE, INSTALLED 1-E4 P-101-5.2 PAVEMENT REMOVAL, S.Y. 810 $8.41 $6,812.10 ASPHALT(12") 1-E5 P-152-4.1 UNCLASSIFIED C.Y. 320 $21.44 $6,860.80 EXCAVATION 1-E6 P-152-4.2 UNSUITABLE C.Y. 150 $23.57 $3,535.50 EXCAVATION 1-E7 P-155-8.1 LIME-TREATED S.Y. 910 $10.75 $9,782.50 SUBGRADE(12") C'Iy(_'G\ "I Report Created On:8/8/2018 2:13:25 PM Part E-ADDITIVE ALTERNATE II-EAST GA APRON-PRIORITY 1 No. Description Unit Qty Unit Price Ext Price 1-E8 P-155-8.2 LIME TON 30 $230.06 $6,901.80 1-E9 P-304-8.1 CEMENT-TREATED BASE S.Y. 900 $36.36 $32,724.00 COURSE(10") 1-E10 P-501-8.1 PORTLAND CEMENT S.Y. 900 $138.67 $124,803.00 CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-E11 T-901-5.1 SEEDING ACRE 0.1 $34,241.90 $3,424.19 1-E12 T-904-5.1 SODDING S.Y. 40 $23.74 $949.60 1-E13 L-108-5.1 NO. 8 AWG, 5 kV, L-824, L.F. 115 $4.53 $520.95 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT 1-E14 L-108-5.2 NO.6 AWG, SOLID, BARE L.F. 55 $4.53 $249.15 COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS 1-E15 L-110-5.1 NON-ENCASED, L.F. 55 $28.34 $1,558.70 SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1-WAY 2"C Sub Total: $201,158.43 ADDITIVE ALTERNATE 111 Part F-ADDITIVE ALTERNATE III-EAST GA APRON-PRIORITY 2 No. Description Unit Qty Unit Price Ext Price 1-F1 SS-300-5.3 CONCRETE ENCASED, EACH 1 $3,967.18 $3,967.18 PREFABRICATED ELECTRICAL HANDHOLE, SIZE 17"L X 30"W X 24"D 1-F2 SS-300-5.4 NO. 10 AWG,600V, L.F. 100 $4.53 $453.00 THHN/THWN-2 CABLE, INSTALLED IN DUCT OR CONDUIT 1-F3 SS-300-5.5 NO. 10 AWG,600V, L.F. 50 $4.53 $226.50 THHN/THWN-2 EQUIPMENT GROUND, INSTALLED IN DUCT OR CONDUIT 1-F4 SS-301-5.3 EXISTING ELECTRICAL EACH 1 $2,833.69 $2,833.69 HANDHOLE, REMOVED 1-F5 D-705-5.1a 4 INCH PERFORATED LF 30 $25.64 $769.20 UNDERDRAIN PIPE, INSTALLED 1-F6 P-101-5.2 PAVEMENT REMOVAL, S.Y. 820 $8.31 $6,814.20 ASPHALT(12") C'Iy(_'6\f "I Report Created On:8/8/20182:13:25PM Part F-ADDITIVE ALTERNATE III-EAST GA APRON-PRIORITY 2 No. Description Unit Qty Unit Price Ext Price 1-F7 P-152-4.1 UNCLASSIFIED C.Y. 310 $21.43 $6,643.30 EXCAVATION 1-F8 P-152-4.2 UNSUITABLE C.Y. 150 $23.57 $3,535.50 EXCAVATION 1-F9 P-155-8.1 LIME-TREATED S.Y. 910 $10.75 $9,782.50 SUBGRADE(12") 1-F10 P-155-8.2 LIME TON 30 $230.06 $6,901.80 1-F11 P-304-8.1 CEMENT-TREATED BASE S.Y. 900 $36.36 $32,724.00 COURSE(10") 1-F12 P-501-8.1 PORTLAND CEMENT S.Y. 900 $138.51 $124,659.00 CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-F13 T-901-5.1 SEEDING ACRE 0.1 $34,241.90 $3,424.19 1-F14 T-904-5.1 SODDING S.Y. 40 $23.74 $949.60 1-F15 L-110-5.2 NON-ENCASED, L.F. 50 $28.34 $1,417.00 SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1-WAY 1"C Sub Total: $205,100.66 ADDITIVE ALTERNATE IV Part G-ADDITIVE ALTERNATE VI-EAST GA APRON -PRIORITY 4 No. Description Unit Qty Unit Price Ext Price 1-G1 P-501-8.1 PORTLAND CEMENT S.Y. -14060 $148.63 ($2,089,737.80) CONCRETE PAVEMENT(15"WITH SILICONE JOINT SEALANT) 1-G2 P-501-8.2 PORTLAND CEMENT S.Y. 14060 $150.63 $2,117,857.80 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) Sub Total: $28,120.00 BASE BID OPTION 2 (HMAC) Not Bidding ADDITIVE ALTERNATEI (HMAC) C'Iy(-,G\ ,"I Report Created On:8/8/2018 2:13:25 PM Not Bidding ADDITIVE ALTERNATEII (HMAC) Not Bidding ADDITIVE ALTERNATE 111(HMAC) Not Bidding OHO 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose, ultimate parent company or majority owner has its principal place of business in this state. Check the statement that its correct for Bidder. [I Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: SpawGlass Civil Construction, lnic. (typed or printed) By: 0 "Ordnoture attach evidence of authority to sign) Name: Amer All-Nahhais (typed or printed) Title: President Business address: 13800 West Road Houston,Texas 77041 Phone: 281-970-5300 Email: Amer.Al-Nahhas@SpawGlass.comI END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 CCIA Rehabi4itate Terrninai Apron Phase H and'East GA Apron Phase Ili—Project No. E17112&E17113 11-25-2013 RECORD OF ACTION OF THE DIRECTORS OF SPAWGLASS CIVIL CONSTRUCTION INC. September 29, 2017 INASMUCH as Section 9.10(B) of the Texas Business Corporation Act provides that the Directors of a business corporation may act, without the formality of a meeting, by subscribing their names to a record of the action assented to and taken by them unanimously, NOW, THEREFORE, the undersigned, being all the Directors of SpawGlass Civil Construction Inc., records that effective the 1't day of March 2017, in lieu of holding a meeting of the Directors, they hereby adopt the following resolutions: RESOLVED, that all formalities pertaining to the nomination and election of the Corporation's officers are waived and the following persons are elected to the position(s) set forth after their respective names, to hold such office(s) until the election and qualification of their respective successors or until their earlier death, resignation, removal, or disqualification and in their capacity as a duly elected officer of the corporation, are hereby authorized to execute contract, bond and bid documents on behalf of the corporation: Name Titlg(51 Joel D. Stone Chairman of the Board/Chief Executive Officer Robert Friedel) Sr. Vice President, Chief Financial) Officer Michael P. Emmons Chief Operating Officer Amer F. Al-Nahhas President Civil Division Dan Hinson Vice President, Secretary/Treasurer IN WITNESS WHEREOF, the undersigned has executed this document as of the day and year first above written. Joel D. Stone Amer F. All-Nahhas Robert Friedel Michael P. Emmons 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: SpawGlass Civil Construction, Inc. STREET P.O. BOX: ADDRESS 13800 West Road CITY: Houston STATE: Texas ZIP: 77041 " FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner El4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N/A Job Title and City Department(if known) 2. State the names of each"official"of the City of Carpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N/A Board,Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant NIA City of Corpus Christi 003005- 1 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No.E17112&E17113 Rev 01-1'3-2016 FILING REQUIREMENTS S Ifa person who renests official action ora a matter knows that thew requested action will confer an ecoriornic benefit on any City of 11 or employee !flat is distinguishable from the effdct that the action will have on members of tile Paubli ' in general or a substantial segment thereof,you shrill disclose that fact in a signed writing;to tlae City official, errrpfoyee o�r beady,that has been requested to act �in the matter, unless the interest of the City official or employee in the matter is apparent. `floe disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Secdon 2-349 (rd)J CERTIFICATION 1 certify that all information rovided is true. and correct as of the dote of this statement, that l' have not. knowing! withheld disclosure o�any information requested., and that supplemental statements will be promptly submitted to the City ofCorpus Christi, Texas as changes occur. Certifying P'ers'on: Anger Al-Nahlaas Title: President .. _. ... __....._.__ _._.......... r ._ _..F.._i a or Prinlr Signature of'Certifying Person: Plate: V4 ' �. DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City iC:'ouncil of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, "fears either- on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust,and entities„which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers„ Department and division Heads,and Municipal Court Judges of the City of`Corpus Christi,Texas. f: "Ownership Interest." L,egai or equitable interest, whether actually or constructively field, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of`professional consultation and recommendation. City ofCor-litas Christi 003005 -2 C CIA Rehabilitate Tesn7inaI ,Apron Phase 11 and East GA Marden Phase III --.Project No. 1717112 E 17113 Rev q1-13-2016 003006 NiON:-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard, Street Corpus Christi,Texas 78401 CONTRACT: Corpus Christi International Airport Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III Proiect Number E17112& E17113 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: SpawGlass Civil Construction, Inc, (typed or printed) By: ........... (signature attach evidence of authority to sign) Name: Amer Al-Nahhas (typed or printed) Title: President Business address: 13800 West Road Houston,Texas 77041 ......................... Phone: 281-970-5300 Email: Amer,Al-Nahhas@SpawGIass,com END OF SECTION Non-Collusion Certification 003006- 1 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112&E17113 11-25-2013 RECORD OF ACTION OF THE DIRECTORS OF SPAWGLASS CIVIL CONSTRUCTION INC. September Z9, 2017 INASMUCH as Section 9.10(B) ofthe Texas Business Corporation Act provides that the Directors of a business corporation may act, without the formality of a meeting, by subscribing their names to a record of the action assented to and taken by them unanimously, NOW, THEREFORE, the undersigned' being all the Directors of SpavvG|ass Civil Construction Inc., records that effective the 1s' day of March 2017, in lieu of holding a meeting of the Directors, they hereby adopt the following resolutions: RESOLVED, that all formalities pertain[ng to the nomination and election of the Corporation's officers are waived and the following persons are elected to the position(s) set forth after their respective names, to hold such office(s) umM| the election and qualification of their respective successors or until their earlier death, resignation, removal, or disqualification and in their capacity as duly elected officer of the corporation, are hereby authorized to execute contract, bond and bid documents onbehalf ufthe corporation: Name Titlg�� Joel D. Stone Chairman of the Board/Chief Executive Officer Robert Friedel Sr. Vice President, Chief Financial Officer Michael P. Emmons Chief Operating Officer Amer F. A|-Nahhas President Civil Division Dan Hinson Vice President, Secpetary/Treasurer IN WITNESS WHEREOF, the undersigned has executed this document as of the day and year first above written. Joel D. Stone Amer F. A[-Nahhas Robert Friedel Michael P. Emmons 007203 MINORITY/ IVIBE / DIBE PARTICIPATION POLICY ARTICLE I—CITY PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities,women,and Minority Business,Enterprises (MBE)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. 1.02 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 contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent 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 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s), 2. Controlled: a, The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). B. Share in Payments,: a, Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses,dividends, interest payments, commissions, consulting fees, rents, procurement, and Minority/MBE/DBE Participation Policy OG 72 03-1 CCIA Rehabilitate Terrninal Apron Phase ll and East GA Apron Phase III—Project No. E17112 & E17113 ..................... Rev 01-13-2016 Addendiwn No 1 AitachnIEMt No. 4 l��lage 17 of 2'3 subcontract payments, and any other monetary distribution paid bythe business enterprise. D� Minority: Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders, For the purposes cfthis policy, women are also considered asminorities. E. Female Owned Business Enterprise: Asole proprietorship that is owned and controlled by awoman, apartnership atleast 51percent ofwhose assets orpartnership interests are owned by one or more women,or a corporation at least 51 percent of whose assets or interests imthe corporate shares are owned byone mrmore women. F. Joint Venture: Ajoint venture means anassociation mftwo ormore persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which ialimited inscope and direction. The degree towhich a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the jminLventure inthe Work tmbeperformed bythe joint venture. For example, a,joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest,shall be deemed equivalent to having minority participation im25percent ofthe Work. Minority members ofthe joint venture must have financial, managerial, mr technical skills,imthe Work tubeperformed bythe,joint venture, 1.03 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 conistruction Work for the Contract award shall 6easspecified inSECTION O02113INVITATION TOBID AND INSTRUCTIONS T0BIDDERS. B� These goals are applicable to all the construction work(regardless of federal participation) performed inthe Contract, including approved Change Orders. The hours sfminority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer mfminority employees from Contractor toContractor nrfrom project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 1.04 COMPLIANCE A. Upon completion of the Project, a final breakdown ofMBE participation, substantiated by copies of paid invoices,shall be submitted by the Contractor to the City Engineer. B. Make bi-weeNypayroll submittals tothe City Engineer. The Contractor ishzindicate the percent mfminority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project,the [ontractarvviN indicate, imwriting,the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Co,ntralctor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. Wooriu/NiBE/DBEParticipation Policy 007203-3 CCIA Rehabilitate Terminal Apron Phase Il and East GA Apron Phase III—Project No. E17112& E17113 Rev 01-13-2016 ARTICLE 2-FEDERAL PARTICIPATION POLICY It is the requirement of the Contractor to fully comply with the regulations as set forth in 49 CRF Part 26 fmr compliance with Disadvantaged Business Enterprise program regulation. 2.01 Good Faith Effort The obligation ofthe bidder/offeror istomake good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The bidder will ensure that all information is complete and accurate and adequately documents the bidde//offer`sgood faith efforts before wecommit to the performance ofthe contract bythe bidder/offeror. Contractor agrees to maintain all DBE information in his/her records for a period of no less than three (3)years. As part of this reconsideration,the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so.The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts todo. We will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Good Faith Efforts when a DBE&sreplaced onocontract/2K[53(f)) The city will require a contractor to make,good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE,to the extent needed to meet the contract goal.We will require the prime contractor to notify the DBE Liaison officer immediately of the DBE's inability or unwillingness to perform and provide reasonaWe documentation, In this situation,we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified,our contracting office will issue an order stopping all or part of pay,ment/work until satisfactory action has been taken, If the contractor still fails to comply,the contracting officer may issue a termination for default proceeding. Disadvantaged Business Enterprise(DBE) Utilization (FAA FORM 010460-DBE PARTICIPATION REPORTING) Theundersignedb@der/mfferorhassetisfiedtherequirementsofthebidspecificatiominthefol|ovvim0 manner7he echemk the appropriate space): bid6er/ufferorisumnmmltted to a miminmunm1{.{4%DBE utilization on this contract. oThebidder/offeror(if unable tomeet the DBE goal oF1{.]4%) iscommitted toaminimum mf %utilization on this contract and submits documentation demonstrating good faith efforts. Name ofbidder/offeror^ufirm: SpawGlass Civil Construction, Inc. By: Amer AI-Nahhas, President (Sig nature) (Title) Minor|tyyMBF/DBEParticipation Policy 007203-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase HI -Project No,E17112& E17113 RuvQ1-13-3O1S Complete the following for each DBE Firm to be used on the project. CoCConm Name of Bidder/Offeror's Firm: SpawGlass Civil Construction, Inc. Name of DBE Firm: Arias&Associates Inc. Address: 142 Chula Vista City, State,Zip: San Antonio,Texas 78232 Telephone(s): 210-308-5884 Description of Work to be Construction Materials Testing performed by DBE firm: The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is$ $44,987.50 Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated value as stated above. By: CMT Project Manager (DBE Signature) (Title) If the bidder/offeror does not receive award of the prime contract,any and all representation in this Letter of intent and Affirmation shall be null and void. [Submit this Aaue for each DBE subcontractor.) Minority/MBE/DBE Participation Policy 00 72 03-4 CCIA Rehabilitate Terminal Apron Phase II and East GA Apron Phase III—Project No.E17112& E17113 Rev 01-13-2016 Complete the followingfor each CIBC Firm to be used on the project. CoCConrn [Name of adder/Offeror°s Firm: Spaw lass civil Construction, Inc. Name of DBE Firm: r e Address: City, State, dip: b 6e Telephone(s): Description of Work to be � C�_LJ,.I � .. performed by DBE faun:. The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated doHar value of this work is 0 Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated value as stated above. (LOBE Signature) (Title) If the bidder/offeror does not receive award of the prime contract,any and all representation in this Letter of Intent and.Affirmation shall be null and void. Submit this page Lor each DBE subcontractor. Minority/MBE/DBE Participation Policy 007203-1 COA Rehabilitate Terminai Apron Phase if and East GA Apron Phase 11l—Project No. E17112 E 1.7113 Rev 01-13-2016 Complete the following for each DBE Firm to be used on the project. CoCConm Name of Bidder/Offeror's Firm: SpawGlass Civil Construction, Inc. Name of DBE Firm: , Address: City, State,Zip: Telephone(s): C Description of Work to be performed by DBE firm: 1 The bidder/offeror is committed to utilizing the, bove-named DBE firm for the work described above. The estimated dollar value of this work is$ Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated value as stated above. By:_ Act P/L,"" (DBE Signature) (Title) If the bidder/offeror does not receive award of the prime contract,any and all representation in this Letter of Intent and Affirmation shall be null and void. (Submit this Page for each DBE subcontractor.) Minority/MBE/DBE Participation Policy 00 72 03-4 CCIA Rehabilitate Terminal Apron Phase II and East GA Apron Phase III—Project No.E17112& E17113 Rev 01-13-2016 AIA DOCUMENT A310, BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, SpawGlass Civil Construction, Inc. 13800 West Road Houston, TX 77041 (Here insert full name and address or legal title of Contractor) as Principai, hereinafter called Principal, and FEDERAL INSURANCE COMPANY 15 Mountain View Road Wa rre n New Jersey 07061-1615 (Here insert full name and address or legal title Of Surety) a corporation duly organized under the laws of the State of Indiana as Surety, hereinafter called Surety, are hold and firmly bound unto Ci ty of Corpus Chri s t i , Texas (Here insert full name and address of legal title of Owner) as Obligee,hereinafter called Obligee,in the sum of Five Percent of Greatest Amount Bid 5% GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind Ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid, for CLIA - Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Project No. E17112 & E17113 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with, the Obtigee in accordance, with the terms of such bid, and give such bond or bolds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shalt be null and void, otherwise to remain in full force and effect. Signed and sealed this August 3, 2018. SpawGlass, Civil Co struc,tion, Inc. By: liner A.1.---NahhaWq-6'ipa/)President (S j;T KODin- (Title) FEDERAL INSURANCE COMPANY By- e r(Surety) (Seal wt—sj L r D. S ider(str-ly) (Seal C16 lenie Alto! In Fact (Title) -Printed—O000prahon—withthe American—Institute of—Ar "------ chilects(AIA)by the Chubb Group of Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 February 1970 edition. Form 15-02-0033(Rev. 12-99) r All POWER Federal Insurance Company Attn: "ureter Department KI Chubb OF Vigilant Insurance Company 16 Mountain View Road Surety ATTORNEY 'Pacific indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, VIGILANT INSURANCE COMPANY, a New"York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation,do each hereby constitute andi appoint Norman E.Adams,Michael Macomber,John A.Prince and Larry D.Snider of Houston,"Texas-----� .-'�---- -�- �� ---~ each as their true and lawful Attorney-In,Fact to execute under such,designation in their names and to affix their corporate seals to and doilver for and on their behalfas surety thereon or otherwise,bonds and undertaidngs and other writings obligatory in the nature thereof(other than ball bonds)given or executed In the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations, In Witness Whereof,said FEDERAL INSURANCE COMP NY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixedtheir corporate seals on this 26 day of M�ay,2016. Dari dwrards,Assistant Secretary Noes,Jr.,Vice P'resld STATE OF NEW JERSEY ss. County of Somerset On this 26th day of May, 2016 before me, a Notary Public of New Jersey, personally came David J. Edwards,to me known to be Assistant Secretary of FEDERAL. INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,,and PACIFIC INDEMNITY COMPANY,,the companies which executed'the foregoing Power of Attorney„and the said David J.Edwards,being by me duly swom,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that tree signed Bald Power of Attorney as Assistant Secretaryof said Companies by like authority;and that,he Is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies®and that the signature,of David B.Norris„Jr.,subscribed to said Power of Attorney Is In the genuine handwriting of David B.Norris,Jr.,,and was thereto subscribed by authority of said By-Laws and In deponent's presence. Notarial Seal %, i'iATHeRINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY wb,.sr No.2316688 "$d Lid CcYt MISSIon Expires July 16,2019 Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY "Except as otherwise provided in these By-Laws or by law or as othelwilse directed by the Board of Directors,the President or any Vice President,shat be authorized to execute and deliver,In the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other Instruments,either for the Corporawn's owes account or In a fiduclary or other capacity,and the seat of the Corporation,if appropriate,shatl be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute and deliver, in the name and on behalf of the Corporation.,agreements, bonds,contracts,deeds.,mortgages,and other Instruments„olther for the Corporation's own account or In a fiduciary or other capacity,and,If appropdate,to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to specific Instances." I,David J.Edwards,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies') do hereby certify that (I) the foregoing extract of the By Lawsof the Companies is true and correct, (ii) the Companies are duly licensed and euthodzed to transact surety business in,all Sii of the United States of America and the District of Columbia and are authorized by the U.S'.Treasury Department;further„Federal and Vigilant are licensed In the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island;and (ill) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 'rd day of August, 2018. David J.Edwards,Assistant Secretary IPP THE EVENTYOV YVISi TO NOTIFY'US OFA CLAIM,VERIFY THE AUT°IENTMITY OF Tills BOND OR NOTIFY US OFANY OTHER MATTER,PLEASE CONTACT U6 ATAODRESS LISTED ABOVE OR BY Telco oris 908 903-3493 Fax 9D 903-3856 e-snaitt wetyarhubboorn Form 15-1e-02258-U GEN CONSENT(rev.07-15) C'Iy(-,G\ ,"I Report Created On:8/8/2018 2:13:26 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Robin Falke 08/08/2018 7:42:14 AM C'Iy(-,G\ ,"I Report Created On:8/8/2018 2:13:26 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E17112 and E17113 Specifications 7/16/2018 7:40:13 AM Plans E17112 and E17113 Plans 7/16/2018 7:40:13 AM Other BB1 E17112& E17113 Bidders Worksheet 7/16/2018 7:40:13 AM Other BB2 E17112& E17113 Bidders Worksheet 7/16/2018 7:40:13 AM Addenda Addendum No. 1 8/06/2018 11:14:21 AM 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 25,2018, is between the City of Corpus Christi (Owner) and SpawGlass Civil Construction, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Proiect Number: E17112(Terminal Apron Phase II) E17113 (East GA Apron Phase III) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver 3755 S. Capital of Texas Highway Suite#325 Austin,TX 78704 2.02 The Owner's Authorized Representative for this Project is: Joshua Senecal, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 250 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 280 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 005223- 1 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,200.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$1,200.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid +Add Alts #1;#2; #3; #4 $ 7,221,798.15 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 90 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca H ue rta Digit allysgnedbyReb II— DN a Jeff Edmonds Digitally signed by Jeff Edmonds DN cn-Rebec�Muerta,°=CM1y W Corpus Christi,°u=CM1y secrea",—,l=,ebe�an@ccte.aacem, Date:2018.10.12 11:16:44-05'00' Date.2018.10.15 09'.57'.32-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Ord. 031566 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 9/25/18 R H/M L Digitally signed by RH/ML DN: =RH/ML,o=City Secretary,0—City Secretary, e mail=moniquel@ccte,a.COM,-US L Digitally Signed by Kent Mcllyar Date:2018.10.15 09:25:56-05'00' F_ DN:_Kent McIlyaro ou emal kentmc�a' octexas.00m,c US Date:2018.10.11 1710:24-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Robin Fake Robin Falke Date:2018.10.0810:37:08-05'00' SpawGlass Civil Construction, Inc h. (Seal Below) By: Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 138000 West Road Financial Officer Address Houston,TX 77041 City State Zip 281/970-5300 Phone Fax Amer.Al-Nahhas@SpawGlass.com EMail END OF SECTION Agreement 005223-6 CCIA Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III—Project No. E17112& E17113 Rev 06-22-2016 00 6113 PERFORMANCE BOND 8246-67-05 (Federal) BOND NO. 58S211768 (Liberty Mutual) Contractor as Principal Name: SpawGlass Civil Construction, Inc Mailing address (principal place of business): 138000 West Road Houston, TX 77041 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Proi No E17112/ E17113 Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East Ga Apron Phase III Award Date of the Contract: September 25, 2018 Contract Price: S7,221,798.15 Bond Date of Bond: October 2, 2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Federal Insurance Company; Liberty Mutual Insurance Company Mailing address (principal place of business): 15 Mountain View Road Warren, NJ 07059 Physical address (principal place of business): 15 Mountain View Road Warren, NJ 07059 Surety is a corporation organized and existing under the Taws of the state of: IN & MA By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 908-903-2000 Telephone (for notice of claim): 908-903-3493 Local Agent for Surety Name: Larry Snider c/o Adams Insurance Service Address: 427 W. 20th Street, #500 Houston, TX 77008 Telephone: 713-869-8346 Email Address: lsnider@adamsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252 3439 Performance Bond 00 6113 -1 E17112/ E17113 CCIA Rehab Terminal Apron Ph 2 and East Ga Apron Ph 3 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and al! liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi 1 Q• Signature: ( % Surety Signature: `l ,1 Name: Amer F. Al-Nahhas Name: ;rry D. Snider Title: President Title: Attorney -in -Fact Email Address: amer.al-nahhas@spawglass.com Email Address: lsnider@adamsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E17112/ E17113 CCIA Rehab Terminal Apron Ph 2 and East Ga Apron Ph 3 006113-2 7-8-2014 • '':1• _ Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Norman E. Adams, Michael Macomber, John A. Prince and Larry D. Snider of Houston, Texas each as their true and lawful Attorney- In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwlse, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending oraltering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested Phase presents and affixed their corporate seals on tats 26 day of May, 2016. STATE OF NEW JERSEY SS. County of Somerset On this 26th day of May, 2016 before me. a Notary Public of New Jersey, personally came David J. Edwards, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said David J. Edwards, being by me duly swum, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authorfly of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of Davtd B. Nerds, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal KATRINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission Expires July 16, 2019 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Except as otherwise provided In these By -Laws or by law or as otherwise directed by the Board of Directors, the President or any Vice Presldent,shall be authorized to execute and deliver, in the name and on behalf of the Corporation. all agreements, bonds, contrails, deeds, mortgages, and other Instruments, either for the Corporation's own account or In a fiduciary or other capacity. and the seat of the Corporation, ff appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors, the President or any Vice President designated by the Board of Directors may authorize any other officer. employee or agent to execute and deliver. in the name and on behalf of the Corporation, agreements, bonds, contracts, deeds, mortgages. and other Instruments, either for the Corporation's own account or In a fiduciary or other capacity, and, If appropriate, to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to spedttc Instances.* I, David J. Edwards, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby cerfify that (1) the foregoing extract of the By- Laws oldie Companies is true and correct. (It) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Departmerd; further, Federal and Vigilant are licensed M the U.S. Virgln Islands, and Federal is Licensed to Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (111) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 2nd day of October, 2018. . ,N, IN THE EVENT YOU WISH TO NOTIFY LIS ORA CLAIM, VERIFY:M.3E AUTHENTICITY DF TI iSiOND OR NOTIFY U8 OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908)903- 9493 :Fmd6091903- 3858 ' atnaiL ourety®chubb.com Form 15-10- 02258- U GEN CONSENT Crev. 07-15) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated: Certificate No. 8122827 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the Taws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Norman E. Adams; Andrew A. Adams; Michael Macomber; John A. Prince; Larry D. Snider all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of June , 2018 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 12th day of June 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wes2merican Insurance Company By: David M. Care ,Assistant Secretary PAS. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastefla, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires March 28.2021 Member. Pennsylvania Association of Notaries By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE N— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have hill power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety arty and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of mid ti ompgnies this 2nd day of October LMS_12873 022017 By: surance Company do full force and effect and ,20 18 Renee C. LI , ssistant Secretary 159 of 500 ICChubb Surety Federal Insurance Company Attn: Surety Department Vigilant Insurance Company 15 Mountain View Road Pacific Indemnity Company Warren, NJ 07069 Important Notice TO OBTAIN INFORMATION OR TO MAKE COMPLAINT: You may write to Federal Insurance Company at: Chubb Surety 15 Mountain View Road Warren, NJ 07059 Telephone: (908) 903-3493 Fax: (908) 903-3656 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Telephone: (800) 252-3439 Fax: (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact the surety company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Liberty Mutual- SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for infojniation make a complaint at 1-877-751-2640 You may also write to: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: or to timed puede Ilamar al humero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP706809W Usted tambien puede escribir a: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 6116 PAYMENT BOND 8246-67-05 (Federal) BOND NO.58S211768 (Liberty Mutual) Contractor as Principal Name: SpawGlass Civil Construction, Inc Mailing address (principal place of business): 138000 West Road Houston, TX 77041 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Pro] No E17112/ E17113 Corpus Christi International Airport Rehabilitate Terminal Apron Phase 11 and East GA Apron Phase III Award Date of the Contract: September 25, 2018 Contract Price: 57,221,798.15 Bond Date of Bond: October 2, 2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety Federal Insurance Company; Name: Liberty Mutual Insurance Company Mailing address (principal place of business): 15 Mountain View Road Warren, NJ 07059 Physical address (principal place of business): 15 Mountain View Road Warren, NJ 07059 Surety is a corporation organized and existing under the laws of the state of: IN & MA By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 908-903-2000 Telephone (for notice of claim): 908-903-3493 Local Agent for Surety Name: Larry Snider c/o Adams Insurance Service Address: 427 W. 20th Street, #500 Houston, TX 77008 Telephone: 713-869-8346 Email Address: isnider@adamsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form 00 61 16 -1 E17112/E17113 CCIA Rehab Terminal Apron Ph 2 and East Ga Apron Ph 3 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal-� aD Signature: ( Surety Signature:if � Name: Amer F. Al-Nahhas Name: i ry' . Snider Title: President Title: Attorney-in-Fact Email Address: amer.al-nahhas@spawglass.com Email Address: 1 snider@adamsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E17112/E17113 CCIA Rehab Terminal Apron Ph 2 and East Ga Apron Ph 3 006116-2 7-8-2014 • 4. ♦1.J IJ ia�•1�I . i i.. ICChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Norman E. Adams, Michael Macomber, John A. Prince and Larry D. Snider of Houston, Texas each as their true and lawful Attorney- in. Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertaldngs and other writings obligatory In the nature thereof (other than bail bonds) given or executed In the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMINY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affbced their corporate seals on this 26 day of May, 2016. STATE OF NEW JERSEY County of Somerset On this 26th day of May, 2016 before me. a Notary Public of New Jersey, personally came David J. Edwards, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said David J. Edwards, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seats Med to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by Like euthorfty; and that he is acquainted with David B. Norris„ Jr.. end knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr.. subscribed to said Power of Attorney Is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal SS. KATHERINE J. ADEUV R NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission EXplres July 16, 2019 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Except as otherwtse provided M these By -Laws or by law or as otherwise directed by the Board of Directors, the President or any Vice Prestdent,shatl be authorized to execute and deliver, to the name and on behalf of the Corporation, all agreements, bonds, contracts, deeds, mortgages, and other Instruments. either for the Corporation's own account or In a fiduciary or other capacity, and the seal of the Corporation, if appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors, the President or any Vice President designated by the Board of Directors may authorize any other officer, employee or agent to execute and deliver, In the name and on behalf of the Corporation. agreements, bonds, contracts, deeds. mortgages, and other Instruments, either for the Corporation's own account or M a fiduciary or other capacity. and, if appropriate, to affix the seal of the Corporation thereto. The grant of such authortty by the Board or any such officer may be general or confined to specific instances.' I, David J. Edwards, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that m the foregoing extract of the By- Laws of the Companies is true and correct. (r11) the Companies are duly Licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further. Federal and Vigilant are licensed to the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward island; and (iti) the foregoing Power of Attorney Is true, correct and in Mb force and effect. Given under my hand and seals of said Companies at Warren, NJ this .• • 2nd day of October, 2018. David J. Edwards, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OFTHISI;OND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS MED ABOVE, OR BY Telephone (908) 903- 3493 Fax (508] 903- 3856 e-mail: surehechubb.com Farm 15-10.02258- LI GEN CONSENT (rev. 07-15) m =rLa 12 cn m 0 Ts L > d� C O i o O ct c� L R m Jw EE L .. O L �v •t6 c > ` �,.r L Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney lijnits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated: Certificate No. 8122828 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Norman E. Adams; Andrew A. Adams; Michael Macomber; John A. Prince; Larry D. Snider all of the city of Houston state of TX each individually if there be more than one named. its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of June , 2018 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company David M. Care ,Assistant Secretary On this 12th day of June 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public Upper Merlon Twp., Montgomery County My Commission Expires March 28.2021 Member. Pennsylvania Association of Notaries By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey. Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of October , 2018 LMS_12873_022017 By: 160 of 500 ea rn N d c to ▪ O vN 0 w Q� c E L o 0. aMl O� (t1 o E o. N o t O c To 0 0 0 • p E� (3• ? 00 V- (0 IC Chubb Surety Federal Insurance Company Attn: Surety Department Vigilant Insurance Company 15 Mountain View Road Pacific Indemnity Company Warren, NJ 07059 Important Notice TO OBTAIN INFORMATION OR TO MAKE COMPLAINT: You may write to Federal Insurance Company at: Chubb Surety 15 Mountain View Road Warren, NJ 07059 Telephone: (908) 903-3493 Fax: (908) 903-3656 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Telephone: (800) 252-3439 Fax: (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact the surety company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Liber 1 Mutual- SURETY TEXA S IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information make a complaint at 1-877-751-2640 You may also write to: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 TEXA S AVISO IMPORTANTE Para obtener information o para someter una queja: or to Listed puede Ilamar al numero de telefono gratis para information o para someter una queja al 1-877-751-2640 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Depai tinent of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 listed tambien puede escribir a: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiena una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. ACORL- SGADMIN-01 CERTIFICATE OF LIABILITY INSURANCE VCOOK DATE (MM/DD/YYYY) 10/03/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Adams Insurance Service, Inc. 427 W. 20th St., Suite 500 Houston, TX 77008 NAMEACT Vicki L Cook PHONE (AIC, No, Ext): (713) 869-8346 ADDRESS: vcook@adamsins.com 1 iaC, No):(713) 869-9144 INSURER(S) AFFORDING COVERAGE INSURED SpawGlass Civil Construction, Inc. 13800 West Road Houston, TX 77041 INSURER A :American Contractors Insurance Co. RRG INSURER 8 :Employers Mutual Casualty Company INSURER C : Gemini Insurance Company INSURER D : ACIG Insurance Company INSURER E : NAIC # 12300 21415 10833 19984 INSURER F : COVE • _,......_r.. THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH -.....,........... OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TERM OR CONDITION OF ANY CONTRACT PERTAIN, THE INSURANCE AFFORDED BY THE POLIC POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY IWVISIUN NUMk3ER: TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSQ SUER WVD POLICY NUMBER POLICY EFF IMMlDD/YYYY) POLICY EXP (MMIDD/YYYYt, LIMITS A X COMMERCIAL GENERAL LIABIUTY X GLI8ABC00046 06/01/2018 06/01/2019 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE X OCCUR X FREMISES(Eao encs) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY 10,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES XIR& PER: LOC GENERAL AGGREGATE ..,J $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY ���� AUTOS ONLY X SCHEDULED AUTOS oN {�,�Ep AUTO ONIY X X 3E75357 06/01/2018 06/01/2019 C (EOMBBIINEDD�SINGLE LIMIT 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) DAMAGE J C X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE X x CEX0960154103 06/01/2018 06/01/2019 EACH OCCURRENCE J 10,000,000 AGGREGATE $ 10,000,000 DED RETENT ON $ D WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE �FFICER/MEMBER EXCLUDED? illandatory to NH} [(yes. describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X WCA000008318 06/01/2018 06/01/2019 X PER ATUTE AND ETH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES `ACORD 101, Additional Remarks Schedule, may be attached K more space Is required RE: CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE II AND EAST GA APRON PHASE III; PROJECT NO. E17112 & E17113 THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT AND THE GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED AND WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED AND THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS AS PER THE ATTACHED ENDORSEMENTS CANCELLATION CITY OF CORPUS CHRISTI ATTN: CONSTRUCTION CONTRACT ADMIN. P.O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD ACRD® AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY Adams Insurance Service, Inc. POLICY NUMBER See Acord 25 CARRIER See Acord 25 NAIC CODE Page of NAMED INSURED SpawGlass Contractors, Inc.; SpawGlass Construction Corp.; SpawGlass CMI Construction, Inc.; Sustainable Concrete Solution, LLC; Westland Equipment and Supplies, LLC EFFECTIVE DATE: 06/01/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER' 25 FORM TITLE• Certificate of Liability Insurance The Automobile policy includes the following endorsements: 1) CA7450 - Commercial Auto Elite Extension - Additional Insured and Waiver of Subrogation- Blanket as required by written contract. 2) IL7447.6 - Earlier Notice of Cancellation Provided by Us - 30 days blanket as required by written contract. The General Liability policy includes the following endorsements: 1) 933 - Additional Insured -Automatic Status as Required by Contract - Blanket - Who is an insured is amended to include as Additional Insured any person or organization when you have agreed in a written contract that such person organization be added as an additional inured on your policy. The endorsement also provides for the coverage to apply on a primary and non-contributory basis for ongoing operations and completed operations when required by written contract. 2) 205 - Blanket Waiver of Subrogation when required in a written contract or agreement. 3) 336 - Notice of Cancellation, Nonrenewal or Material Change - 30 days blanket as required by written contract. The Workers' Compensation policy includes the following endorsements: 1) WC990304 - Waiver of Subrogation - Blanket waiver for any person or organization for whom the named insured has agreed in a written contract to furnish the waiver. 2) WC420601 - Notice of Cancellation - 30 days blanket as required by written contract. The Umbrella/Excess Liability policy applies in excess of the underlying General Liability, Automobile Liability and Employers Liability policies above. The policy follows the terms and conditions of such underlying policies unless they are inconsistent with the terms of the policy. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SGADMIN-01 VCOOK ACORD- CERTIFICATE OF LIABILITY INSURANCE 10/03/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. DATE (MM/DD/YYYY) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Adams Insurance Service, Inc. 427 W. 20th St., Suite 500 Houston, TX 77008 nCIAOMTEA�. CT Vicki L Cook PHONE (A/C, No, Ext): (713) 869-8346 ADDRESS: vcook@adamsins.com 1 (AIC, No):(713) 869-9144 INSURER(S) AFFORDING COVERAGE INSURED City of Curpus Christi Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 INSURER A : ACIG Insurance Company INSURER B : NAIC # 19984 INSURER C : INSURER D : INSURER E : INSURER F : C _ _........., . ................ F(GVISIVN NUMkbtK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYYL POLICY EXP IMMIDDIYYYY) LIMITS A P.O. BOX 9277 COMMERCIAL GENERAL LIABIUTY CORPUS CHRISTI, TX 78469-9277 0C18000020 11/01/2018 11/01/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES (EaE mance) $ X OWNERS & CONTRACTORS MED EXP (Any one person) $ X PROTECTIVE LIABILITY PERSONAL & ADV INJURY $ GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES pp.. JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE UABIUTY ANY AUTO OWNED AUTOSRE�ONLY AUTOS ONLY _ — SCHEDULED AUTOS AUTO ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ $ BODILY BODILY INJURY (Per accident) (PROPERTYdeDAMAGE $ $ UMBRELLA LlAB_ EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY RIIE T R/PARTUDED?XECUTIVE Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is re utred) PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE II AND EAST GA APRON PHASE III; PROJECT NO. E17112 & E17113 CPNTRACTOR: SPAWGLASS CIVIL CONSTRUCTION, INC. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CORPUS CHRISTI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CONSTRUCTION CONTRACT ADMIN. ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 AUTHORIZED REPRESENTATIVE I(.........., ..--...g44.4..-- © 1988-2015 ACORD CORPORATION. All rights reserved. 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PBJ;uoo au; j! Ao!Iod sly; uo pamsu! leuol;!ppe ue se apnpu! of per;uoo uauum Aq pai!nbai aJe noit;ey; uo!;ezlue6Jo Jo uosiad i(uy E£6 31f103H3S !bbd 30V2d3AO0 A111IBVI11d2i3N3O 1VION31/01O0 :6u!mollol ay; Jepun pep!noid eoueinsu! se ppow ;uewasiopua s!yl 13NNV1a - IOV211NO3 As a321If1O321 SY Sf11d1S 3IIVWOlflV - a321f1SNI 1VNowaad 205 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): Any person or organization for whom you have agreed by written contract to furnish this waiver. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: Same as policy effective date unless otherwise indicated above. Policy Effective Date:6/1/2018 Policy No.: GL18ABC00046/XS18D00046 Endorsement No.: Insured: SpawGlass Contractors, Inc.; SpawGlass Construction Corp.; SpawGlass Civ44.emium $ Construction, Inc.; Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Co RRG 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: Same as policy effective date unless otherwise indicated above. Policy Effective:6/1 /2018 Policy No.: GL18ABC00046/XS18D00046 Endorsement No.: Insured: SpawGlass Contractors, Inc.; SpawGlass Construction Corp.; SpawGlass Civ 1% $ Construction, Inc.; Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Co RRG COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE Section 1 — Covered Autos Paragraph C. Certain Trailers, Mobile Equipment, and Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided by this coverage form for an "auto" you own, the Physical Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the coverage provided for the vehicle being replaced. B. BLANKET ADDITIONAL INSURED Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any person or organization who is a party to a written agreement or contract with you in which you agree to provide the type of insurance afforded under this Business Auto Coverage Form. This provision applies to claims for "bodily injury" or "property damage" which occur after the execution of any written agreement or contract. C. EMPLOYEES AS INSUREDS The following is added to the Section II -Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. CA7450(11-15) 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: a. Any covered "auto" you lease, hire, rent or borrow; and b. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any organization which you acquire or form after the effective date of this policy in which you maintain ownership or majority interest. However. (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the policy period, whichever is earlier. (2) Any organization you acquire or form will not be considered an "insured" if: (a) The organization is a partnership or a joint venture; or (b) That organization is covered under other similar insurance. Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization. (3) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 4 F. SUBSIDIARIES AS INSUREDS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. G. SUPPLEMENTARY PAYMENTS Section II — Covered Autos Liability Coverage, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. H. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of Paragraph B. Exclusions in Section II Covered Autos Liability Coverage . does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. I. TOWING Section III — Physical Damage Coverage, A.2. Towing is replaced with the following: We will pay for towing and labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. J LOCKSMITH SERVICES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. K. TRANSPORTATION EXPENSES Section III — Physical Damage Coverage, A.4. Coverage Extensions Subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto". L. AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE ADDED LIMITS Audio, Visual, And Data Electronic Equipment Coverage Added Limits of $5,000 Per "Loss" are in addition to the sublimit in Paragraph C.1.b. of the Limits Of Insurance provision under Section III — Physical Damage Coverage. M. HIRED AUTO PHYSICAL DAMAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1) The most we will pay for loss to any hired "auto" is the lesser of Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will pay up to $1,000, in addition to the limit above, for loss of use of a hired auto to a leasing or rental concern for a monetary loss sustained, provided it results from an "accident" for which you are legally liable. (3) CA7450(11-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 4 N. AUTO LOAN OR LEASE COVERAGE Section 11I — Physical Damage Coverage Paragraph A.4. Coverage Extensions is amended by the addition of the following: In the event of a total "loss" to a covered "auto" which is covered under this policy for Comprehensive, Specified Cause of Loss, or Collision coverage, we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. O. PERSONAL PROPERTY OF OTHERS Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. P. PERSONAL EFFECTS COVERAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your personal effects not otherwise covered in the policy or, if you are an individual, the personal effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension personal effects means tangible property that is worn or carried by an insured including portable audio, visual, or electronic devices. Personal effects does not include tools, jewelry, guns, money and securities, or musical instruments CA7450(11-15) Q. EXTRA EXPENSE FOR STOLEN AUTO Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred retuming a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes Of Loss Coverage. R. RENTAL REIMBURSEMENT Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days. a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a $2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage — Transportation Expense Coverage Extension included in this endorsement. 7. Coverage provided by this extension is excess over any other collectible insurance and/or endorsement to this policy. Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 4 S. AIRBAG COVERAGE Section III — Physical Damage Coverage, B.3.a. Exclusions is amended by adding the following: if you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. T. NEW VEHICLE REPLACEMENT COST The following is added to Paragraph C. Limit Of Insurance of Section III — Physical Damage Coverage In the event of a total "loss" to your new covered auto of the private passenger type or vehicle having a gross vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties. b. The purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment, or most similar model available, not including any fumishings, parts, or equipment not installed by the manufacturer or their dealership. c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated with a loans or leases. For the purposes of this coverage extension a new covered auto is defined as an "auto" of which you are the original owner that has not been previously titled which you purchased less than 180 days prior to the date of loss. U. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT Section III — Physical Damage Coverage, D. Deductible is amended by adding the following: If a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident". If the application of the highest deductible is less favorable or more restrictive to the insured than the separate deductibles as applied in the standard form, the standard deductibles will apply. This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. V. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR REPLACEMENT Section iII — Physical Damage Coverage, D. Deductible is amended by adding the following: If a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS Section IV — Business Auto Conditions, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended by adding the following: Your obligation to notify us promptly of an "accident", claim, "suit" or °loss° is satisfied if you send' us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident", claim, "suit" or "loss". X. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Subparagraph 5. of Paragraph A. Loss Conditions of Section IV Business Auto Conditions is deleted in its entirety and replaced with the following. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, we waive any right of recovery we may have against any person, or organization with whom you have a written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. Y. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Business Auto Conditions, B.2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Z. MENTAL ANGUISH Section V — Definitions, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. AA. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(11-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 4 COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATIONS) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s) to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 99 03 04 (Ed. 04-07) This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver. This waiver does not extend to the statutory right of reimbursement from a claimant who recovers any amount under Section 417.002 of the Texas Labor Code. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) (X ) Specific Waiver Name of person organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This waiver does not extend to the statutory right of reimbursement under Section 417.002 of the Texas Labor Code. 2. Operations: CONSTRUCTION AND RELATED CONSTRUCTION RELATED WORK ALL TEXAS OPERATIONS 3. Premium: The premium charge of this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 5. Advance Premium: $0 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: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2018 Policy No. WCA000008318 Endorsement No. Premium $ Insured SpawGlass Contractors, Inc.; SpawGlass Construction Corp.; CpawGlass Civil Construction, Inc.; Westland Equipment and Supplies, LLC Carrier Name/Code: ACIG Insurance Company WC 99 03 04 (Ed. 04-07) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 01-94) TEXAS NOTICE OF 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 cancelation 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: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is only applicable in the state of Texas. 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: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2018 Policy No. WCA000008318 Insured SpawGlass Contractors, Inc. * • Carrier Name/Code: ACIG Insurance Company Endorsement No. Premium $ *SpawGlass Construction Corp.; SpawGlass Civil Construction, Inc.; Westland Equipment and Supplies, LLC WC 42 06 01 (Ed. 01-94) 41760201 1 SPAWGLASS $ 18/19 Sample GL10/10 WC TX PL 1 Brittany Spencer 1 5/8/2018 7:59:40 AM (CDT) 1 Page 6 of 7