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HomeMy WebLinkAboutC2019-658 - 11/19/2019 - Approved 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 19, 2019, is between the City of Corpus Christi (Owner) and Airfield Contracting, a Joint Venture between Head, Inc. and Jackson Construction Services, LLC (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 III and East GA Apron Phase IV Project Nos. 18148A and 18149A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver Attn: Derek Mayo, PE, PMP 3755 S. Capital of Texas Highway Austin,TX 78704 DWMayo@GarverUSA.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg. 5 Corpus Christi,TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 300 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. Agreement 00 52 23- 1 CCIA Rehabilitate Terminal Apron Phase Ill and East GA Apron Phase IV—Proj Nos.18148A/18149AscitiNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV PROJECT NUMBER 18148A & 18149A Final Construction Copy F • .............City �• DEREK W. MAYO.•..._•/ ....JAMES K. SCHMITT ....................................... ................................... + 121115 ��/ Corpus Ifl;' A.. 125073 ' � �S•.... . r 1� ,� EN N Christi Digitally Signed Digitally Signed 04/24/2019 Garver 04/24/2019 Firm Registration No: F-5713 3755 S. Capital of Texas Highway, Suite 325/Austin, TX/ (512) 485-0009 Record Drawing Number: AP-148 April 25, 2019 00 91 01 ADDENDUM NUMBER 1 Rehabilitate Terminal Apron Phase III and East GA Project Number: 18148A Project: Apron Phase IV & 18149A Owner; City of Corpus Christi City Engineer: J.H. Edmonds, P.E. — — Designer: Garver, LLC Addendum No. 01 Specification Section: 00 91 01 Issue Date: May 21, 2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: Derek Mayo, PE PMP May 21, 2019 Name Date Addendum Items: Attachment No. 1--Pre-Bid Meeting Minutes rE Attachment No. 2--00 0100 Table of Contents �:�"•••••. .• AS�1� Attachment No. 3 -00 30 02 Compliance to State Law onA.:.....................................:*. Nonresident Bidders DEREK W. MAYO Attachment No.4—00 72 03 Federal DBE Requirements 121115 and Forms k SS�ONA Attachment No. 5—00 73 00 Supplementary Conditions Digitally Signed Attachment No. 6—00 74 00 Special Conditions for the 5/21/2019 Federal Aviation Administration Attachment No, 7—00 74 02 FAA Special Provisions Garver, Texas Registration No. F- 5713 Note: Attachments 2 through 7 have been incorporated into the document at their appropriate locations AddendUmi No. 1 009101-1 CCIA Rehabilitate Terminal Apron Phase Iii and East GA Apron Phase IV—Project No. .1 S 1 end 18149A Rev 01-13-2016 ARTICLE 1—CLARIFICATIONS 1.01 Pre-Bid Meeting Minutes (see Attachment No. 1) ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Delete the following Specification Sections (or Technical Specifications): Deleted Specification Sections(or Technical Specifications) Section 00 0100 Table of Contents Section 00 73 00 Supplementary Conditions Section 00 74 00 Special Conditions for the Federal Aviation Administration B. Add the following Specification Sections (or Technical Specifications): Added Specification Sections (or Technical Specifications) Section 00 0100 Table of Contents (Attachment No. 2) Section 00 30 02 Compliance to State Law on Nonresident Bidders (Attachment No. 3) Section 00 72 03 Federal DBE Requirements and Forms (Attachment No.4) Section 00 73 00 Supplementary Conditions (Attachment No. 5) Section 00 74 00 Special Conditions for the Federal Aviation Administration (Attachment No. 6) Section 00 74 02 FAA Special Provisions (Attachment No. 7) 2.02 AMEND SPECIFICATIONS (OR TECHNICAL SPECIFICATIONS) A. SECTION 00 3000 BID ACKNOWLEDGEMENT FORM ARTICLE 7: ADD: New paragraph H immediately after Paragraph G. H. SECTION 00 72 01 FEDERAL DBE FORMS ARTICLE 3 - MODIFICATIONS TO THE DRAWINGS 3.01 None END OF ADDENDUM NO. 1 Addendum No. 1 00 9101- 2 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 01-13-2016 A;1 3755 S.Capital of Texas Highway Suite 325 Austin,TX 78704 TEL 512.485.0009 CELEBRATING FAX 512.485.0010 ONE HUNDRED YEARS www.GarverUSA.com 1 91 9 2 0 1 9 MEETING MINUTES Pre-Bid Meeting Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Project: Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Project No. E1148A& E18149A Record Drawing No. AP148 Date: Wednesday, May 15, 2019, 10:00 a.m. Location: Corpus Christi International Airport Second Floor, Administration Conference Room Consultant: Garver Attendees: See attached Sign-In Sheets Agenda with Minutes: 1. Sign-In Sheet 2. Introduction (Garver) a. Josh Crawford and Derek Mayo with Garver(Derek Mayo will be the point of contact) i. Tim Yarborough with Garver, will be the Resident Project Representative (RPR) b. From the Airport: Victor Gonzalez, John Johnson, Carl Gross, and Crispin Belino i. Nicole Zapata (finance director) and Gabe Anton (facilities manager) c. From the City of Corpus Christi:Eli Pena and Isaac Perez 3. Contract Overview and Requirements (Garver) a. Garver covered general contract items, including a brief description of the base bids and alternates. b. Garver emphasized Article 7 of Section 00 30 00 for the attachments to the bid. i. It was noted that the Statement of Experience is not required to be submitted with the bid along with the other items. This is a new requirement from the City. c. Contract time for the project is 270 calendar days for substantial completion, 300 days for final completion d. Liquidated damages are $1200 per day e. The addendum that is coming is anticipated to include: Addendum No. 1 Attachment No. 1 Page 1 of 70 i. The meeting minutes and sign in sheet from the prebid meeting ii. DBE forms iii. Form for compliance to state law on nonresident bidders. iv. Corrected wage rates forms v. Additional federal requirement f. The bidding schedule was covered including cutoff day for questions and bid opening. 4. Security, Badging, and Training Requirements (Corpus Christi International Airport) a. The airport covered this topic and highlighted the following items i. The project will be within the Airport Operations Area (AOA) ii. They emphasized that there be a 3rd party security company for gate guards. There are specific requirements for a 3rd party guard. The training will be provided by the airport. The training is approximately 4 hours. iii. There is a badging fee and the time for training and obtaining the badge should be anticipated by the contractors iv. Badging and training will include fingerprinting and a background check v. TSA is on site. If there are any fines charged to the airport due to the contractor's actions will be backcharged to the contractor. vi. Vehicles need to have a company sign on the exterior of the vehicle and an amber light. vii. Although the project is within the non-movement area, the contractor should have an airband radio to be able to monitor the radio viii. As part of the submittals, the contractor needs to submit their Safety Plan Compliance Document (SPCD). Those need to be submitted as soon as possible after the award. If there are any changes to the Construction Safety and Phasing Plan (CSPP), the airport has to submit that for review to TSA, which can take up to 30 days. ix. Once the bading process is started, individuals who have applied for a badge will need to wait unit)the badge is obtained before accessing the AOA. x. Not everyone that works on the project has to be badged, but badge individuals must maintain positive control of anyone under escort. 5. Project Roles and Responsibilities (Garver) a. Airport is the owner b. Garver is the owner's representative c. See contract document for further detail 6. DBE Requirements (Garver) a. Garver emphasized that a DBE form will be coming with the addendum. Federal DBE program requires submission of DBE form and the goal is 10.04% per Article 16 of the Invitation to Bid and Instruction to Bidders. Contractor shall also comply with the Owner's Minority/MBE/DBE Participation Policy, which can be found in the documents. 7. Project Scope (Garver) Addendum No. 1 Attachment No. 1 Page 2 of 70 a. Construction Drawings —Project scope was briefly reviewed i. Garver emphasized that the utilites that are known are shown on the drawings and the locations shown are approximate. 1. In the East GA area, there are some older unused utilites around the dump station that are unknown. The drawings require that the contractor investigate the unknown utilities to determine if they are live or abandoned and report to the engineer to determine if the utility needs to stay in place or if it should be removed. 2. There is a waterline shown to cross through the terminal apron area. As indicated on the drawings, the contractor is also required to specifically locate and report the location and depth of the water line shown. b. Contract Documents and Specifications — It was noted that the project will use FAA specifications and that the contractors should familiarize themselves with the specifications in preparation of their bids. c. Base Bids and Additive Alternates — Base bids and additive alternates were briefly re vie wed. d. Phasing — The Construciton Safety and Phasing Plan (CSPP) was reviewed and the need to submit the SPCD as soon as possible. If there are proposed changes to the phasing plan, those should be sumibitted in the SPCD. i. Previous phases need of be completed before the next phase can begin. e. Schedule — 270 calendar days for substantial completion, 300 for final completion. These include accounting for anticipated weather events and holidays. f. Other projects may occur simultaneously and the contractor to work around other projects occurring on the airfield. g. It was noted that there is a maximum concrete placement per day requirement in the contract and it is 300 C per day. 8. Bidder's Inquiries (Garver) a. CivCast— Contractor to submit inquiries through CivCast. b. Contact: Derek Mayo, Garver, 512-485-0023 — For formal questions, submit thorugh CivCast. c. Cut Off Date—5:00 p.m., 7 days prior to bid opening date 9. Questions — No questions were asked during the prebid meeting. 10. Site Visit—A site visit occurred. Addendum No. 1 Attachment No. 1 Page 3 of 70 Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Corpus Christi International Airport Pre-Bid Meeting May 18,2019—10:00 a.m. SIGN-IN SHEET . . . TD eq j9•'7'a _ r o �37Y-S'.e;/y �� u �y r�Gtiu Fev_ �� c GC�y NS I coy W t4\v_ a CGS 017 f l31�.le Z 60M (1n.Aga GIS rz� SSS Sao kdVA.t50",�f'l .. - 36 1'71 O/I �r Addendum No. 1 Garver Project No.18181172 Attachment No. 1 Page 3 of 3 Page 4 of 70 Rehabilitate Terminal Apron Phase III and East CA Apron Phase iV Corpus Christi International Airport Pre-Bid Meeting May 15,2619—10:00 a.m. SIGN-IN SHEET Representing . . . Addendum No. 1 Garver Project No.18181172 Attachment No. 1 Page 2 of 3 Page 5 of 70 Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Corpus Christi International Airport Pre-Bid Meeting May 15,2015--10:00 a.m. SIGN-IN SHEET Representing 1 TE CZ 18Qa. S e/s _— �Cc� Sa25-6-76 2 co SZ�o{ {Nt` ltrAc.r�M 3RYAm AIywNy 4OLC-5 4" 7-6-Mc 312�A4 61 R�OLr5 Go,n 5r2G-OyY .rt>!r.+��l c,C',�a v ter;sr �Gr Gly -33g- w ����LCZ�c °D�D� �`7 -DD�3 NI.�cQ Qccr�aw�IecT l[r �.Co +^ Spcw�L-t ,k5s 5Iz- L y f vttL -Flo- Addendum No. 1 Garver Project No. 18181172 Attachment No. 1 Page 1 of 3 Page 6 of 70 I 00 91 01 ADDENDUM NUMBER 2 Rehabilitate Terminal Apron Phase III and East GA Project Number: 18148A Project: Apron Phase IV & 18149A Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. ( � Designer: Garver, LLC Addendum No. 02 Specification Section: 00 9101 Issue Date: May 23, 2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: May 23, 2019P[E.OF .T~T J.H.Edmonds, PE Dote •'' •.,Sy Addendum Items: :'� To delay bid opening: New bid date: Wednesday,June 12,2019 at 2:00 PM DEREK W. MAYO 121115 l sStONA Digitally Signed 05/23/19 Garver, Texas Registration No. F- 5713 Addendum No.2 009101-1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Rev 01-13-2016 Project No.18148A and 18149A ARTICLE 1—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 1.01 AMEND SPECIFICATIONS (OR TECHNICAL SPECIFICATIONS) A. SECTION 00 2113 NVITATION TO BID AND INSTRUCTION TO BIDDERS, ARTICLE 3— DELIVERY AND OPENING OF BIDS: DELETE: 3.01 Bids must be received no later than 2:00 PM May 29, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. ADD: 3.01 Bids must be received no later than 2:00 PM June 12, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. END OF ADDENDUM NO. 2 Addendum No.2 00 9101-2 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Rev 01-13-2016 Project No. 18148A and 18149A 00 91 01 ADDENDUM NUMBER 3 Rehabilitate Terminal Apron Phase III and East GA Project Number: 18148A Project: Apron Phase IV & 18149A Owner: City of Corpus Christi City u Engineer: J.H. Edmonds, P.E. � 1} Designer: Garver, LLC VU Addendum No. 03 Specification Section., 00 9101 Issue Date: May 24, 2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Sid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: May 24,2019 J.H. Edmonds, P.E. Date Addendum Items: 1F•r£,r Attachment No, 1—Sheet 12 CONSTRUCTION SAFETY& PHASING PLAN—OVERALL ........................................ DEREK W. MAYO ............................................... Attachment No. 2—Sheet 13—CONSTRUCTION SAFETY& 12111 PHASING PLAN—PHASE 1 Attachment No. 3—Sheet 14—CONSTRUCTION SAFETY & SSION PHASING PLAN —PHASE II Attachment No.4—Sheet 16—CONSTRUCTION SAFETY& PHASING DETAILS II Garver, Texas Registration No. F- 5713 ARTICLE 1—MODIFICATIONS TO THE DRAWINGS Note: Attachments 1 through 4 have been incorporated into the document at their ADD OR DELETE DRAWINGS appropriate locations A. DELETE the following Drawings: Deleted Drawings Sheet 12—CONSTRUCTION SAFETY& PHASING PLAN—OVERALL Sheet 13—CONSTRUCTION SAFETY& PHASING PLAN—PHASE Addendum No. 3 009101- 1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 01-13-2016 Sheet 14—CONSTRUCTION SAFETY& PHASING PLAN—PHASE II Sheet 16—CONSTRUCTION SAFETY& PHASING DETAILS II B. ADD the following Drawings: Added Drawings Sheet 12—CONSTRUCTION SAFETY&PHASING PLAN—OVERALL Sheet 13—CONSTRUCTION SAFETY&PHASING PLAN—PHASE I Sheet 14—CONSTRUCTION SAFETY&PHASING PLAN—PHASE II Sheet 16—CONSTRUCTION SAFETY&PHASING DETAILS II END OF ADDENDUM NO. 3 Addendum No.3 009101-2 CLIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev C1-13-7016 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 10-11-2018) 00 30 00 Bid Acknowledgment Form (Rev 10-11-2018) 00 30 01 Bid Form (Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders (Rev 10-11-2018) 00 30 05 Disclosure of Interest(Revo1-2016) 00 30 06 Non-Collusion Certification (Rev 10-11-2018) 00 45 16 Statement of Experience (Rev 10-11-2018) 00 52 23 Agreement (Rev 10-11-2018) 0061 13 Performance Bond (Rev 10-11-2018) 0061 16 Payment Bond (Rev 10-11-2018) 00 72 00 General Conditions (Rev 11-13-2018) 00 72 03 Federal DBE Requirements and Forms 00 73 00 Supplementary Conditions(Rev 10-11-2018) 00 74 00 Special Conditions for the Federal Aviation Administration (Rev 10-11-2018) 00 74 01 FAA General Provisions 00 74 02 FAA Special Provisions Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-11-2018) 0123 10 Alternates and Allowances(Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment (Rev 10-11-2018) 01 3301 Submittal Register(Rev 10-11-2018) 01 3500 Special Procedures (Rev 10-11-2018) 01 5000 Temporary Facilities and Controls (Rev 10-11-2018) 01 57 00 Temporary Controls_(Rev10-11-2018) Addendum No. 1; Attachment No. 2 Page 7 of 70 Table of Contents 000100- 1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A& 18149A Rev 11/2018 Division/ Title Section Part S Standard Specifications NONE Part T Technical Specifications Supplementary Specifications-Civil SS-101 Safety Plan Compliance Document (SPCD) SS-120 Site Preparation SS-130 Trench and Excavation Safety Systems 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-304 Cement-Treated Base Course P-501 Portland Cement Concrete (PCC) Pavement P-604 Compression Joint Seals for Concrete Pavements P-605 Joint Sealants for Concrete Pavements P-610 Structural Portland Cement Concrete P-620 Runway and Taxiway Painting T-901 Seeding T-904 Sodding T-905 Topsoiling Supplementary Specifications—Electrical SS-300 Basic Electrical Requirements SS-301 Electrical Demolition Work SS-310 Airport Lighting Systems Addendum No. 1; Attachment No. 2 FAA Standard Specifications—Electrical Page 8 of 70 Table of Contents 000100- 2 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A& 18149A Rev 11/2018 Division/ Title Section L-108 Underground Power Cable for Airports L-110 Airport Underground Electrical Duct Banks and Conduits Appendix Title 1 Subsurface Exploration, Laboratory Testing Program and Pavement Evaluation for the Proposed East General Aviation Apron Project END OF SECTION Addendum No. 1; Attachment No. 2 Page 9 of 70 Table of Contents 000100-3 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A& 18149A Rev 11/2018 Page Intentionally Left Blank Addendum No. 1; Attachment No. 2 Page 10 of 70 Table of Contents 000100-4 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A& 18149A Rev 11/2018 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Owner's Protect Identification No. 18148A(Terminal Apron Phase III) 18149A(East GA Phase IV) A. This protect includes the reconstruction of approximately 20,355 SY of the existing Terminal Apron (including additive alternates), and the reconstruction of approximately 3,725 SY of the existing East GA Apron (including additive alternates). The reconstruction will include new Portland Cement Concrete, along with related pavement marking, electrical, grading and drainage. The protect includes 2 additive alternates. This protect is primarily funded by FAA and FAA requirements apply. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $7,714,000 for Base Bid with Additive Alternates. The Project is to be substantially complete and ready for operation within 270 days, No additional contract time will be allotted for Additive Alternates. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM May 29, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders 002113-1 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid— City of Corpus Christi International Airport Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV, Project No. 18148A& 18149A All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 10:00 AM (Local Time) on May 15, 2019 at the following location: Corpus Christi International Airport Terminal Building Administrative Office Conference Room 1000 International Drive Corpus Christi,Texas 78406 Parking:Short Term Parking Tickets will be validated if brought 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. Invitation to Bid and Instructions to Bidders 002113-2 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 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. ARTICLF 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Questions must be submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening in order for responses to be posted. Inquires made after this period may not be addressed.. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-3 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond, cashier's check,certified check,money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-4 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. 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 Invitation to Bid and Instructions to Bidders 002113-5 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the Bid to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. Invitation to Bid and Instructions to Bidders 002113-6 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 15.04 The Bidder is required to submit bids for Base Bid and Additive Alternates#1 and#2. Any Bid submitted with a "No Bid" on Additive Alternates#1 and #2 will be considered a nonresponsive Bid. 15.05 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: A. Total Base Bid -OR- B. Total Base Bid plus Additive Alternates#1 C. Total Base Bid plus Additive Alternates#1 and #2 ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS. 16.02 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 10.04% Contractor shall follow all requirements of 49 CFR Section 26.29 in regards to prompt payment and timely return of retainage. Any complaints from subcontractors shall be submitted to the City. Any questions from subcontractors regarding these requirements should be directed to your FAA Regional DBE/ACDBE Program Compliance Specialist. For contact information, visit https://www.faa.gov/about/office org/headquarters offices/acr/bus ent program/contact/. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed Invitation to Bid and Instructions to Bidders 002113-7 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees,consultants,or contractors in such a manner as to influence or to attempt to influence the bidding or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. Invitation to Bid and Instructions to Bidders 002113-8 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. 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. Invitation to Bid and Instructions to Bidders 002113-9 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-10 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No 18148A& 18149A Rev 10/2018 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Garver, LLC ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 29 rain days have been set for this Project. An extension of time due to rain days will be considered only after 29 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions Addendum No. 1; Attachment No. 5 007300- 1 Pae 17 of70 CCIA Rehabilitate Terminal Apron P —Proepft No. 18148A and 18149A Rev 10/2018 resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. Contractor may rely upon the accuracy of the information contained in these reports and drawings, but these are not to be considered Contract Documents.These documents are provided to the Contractor for informational purposes only. 1. Geotechnical data to be provided by the Owner at the request of the Contractor. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: a. CCIA East GA and Terminal Apron Reconstruction Topographic Survey, LNV Engineering, December 2016 -The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard $1,000,000 Per Occurrence 4. Underground Hazard $2,000,000 Aggregate 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Prooert)j Damage Supplementary Conditions Addendum No. 1; Attachment No. 5 007300- 2 aGg CCIA Rehabilitate Terminal Apron P ase III and EasPt4eA18ron Phase IV—Pro'e t No. 18148A and 18149A Rev 10/2018 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ❑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 Owner's Protective Liability Equal to Contractor's Liability Insurance X Required ❑ Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 19 of 70 007300-3 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX-21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX-29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 20 of 70 007300-4 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 General Decision Number:TX190021 01/04/2019 TX21 Superseded General Decision Number:TX20180031 State:Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 21 of 70 007300-5 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 the contract does not appear on this wage determination,the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER(Excluding Form Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 22 of 70 007300-6 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Setting).........................$ 9.05 Concrete Finisher................$ 7.56 ELECTRICIAN......................$ 13.37 2.58 Laborers: Common......................$ 7.25 Utility.....................$ 7.68 Power equipment operators: Backhoe.....................$ 9.21 Motor Grader................$ 8.72 ---------------------------------------------------------------- WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 23 of 70 007300-7 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 24 of 70 007300-8 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 25 of 70 007300-9 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example:SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 26 of 70 007300- 10 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 27 of 70 007300- 11 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 28 of 70 007300- 12 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 29 of 70 007300- 13 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 General Decision Number:TX190029 01/04/2019 TX29 Superseded General Decision Number:TX20180040 State:Texas Construction Type: Highway Counties:Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS(excluding tunnels, building structures in rest area projects& railroad construction; bascule, suspension&spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 30 of 70 007300- 14 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination,the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 31 of 70 007300- 15 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 * SUTX2011-010 08/08/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER(Paving&Structures)...$ 12.64 FORM BUILDER/FORM SETTER Paving&Curb...............$ 10.69 Structures..................$ 13.61 LABORER Asphalt Raker...............$ 11.67 Flagger.....................$ 8.81 Laborer, Common.............$ 10.25 Laborer, Utility............$ 11.23 Pipelayer...................$ 11.17 Work Zone Barricade Servicer....................$ 11.51 PAINTER(Structures).............$ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 14.25 Asphalt Paving Machine......$ 13.44 Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 32 of 70 007300- 16 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Mechanic....................$ 17.00 Motor Grader, Fine Grade....$ 17.74 Motor Grader, Rough.........$ 16.85 TRUCK DRIVER Lowboy-Float................$ 16.62 Single Axle.................$ 11.61 ---------------------------------------------------------------- WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee)who is ill, injured,or has other Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 33 of 70 007300- 17 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate)or a union average rate (weighted union average rate). Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 34 of 70 007300- 18 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 35 of 70 007300- 19 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example:SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 36 of 70 007300- 20 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 37 of 70 007300- 21 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 38 of 70 007300- 22 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience,the following telephone numbers are listed: Public Agencies/Contacts Phone Number John Hyland (Public Safety) (361) 289-0171 x1221 Corpus Christi International Airport Victor Gonzalez (Construction Manager) (361) 289-0171 x1231 Corpus Christi International Airport City Engineer 361-826-3500 Garver Project Manager: Derek Mayo 512-485-0020 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 39 of 70 007300- 23 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Public Agencies/Contacts Phone Number Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description SS-310 L-861T Taxiway Edge Light ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 40 of 70 007300- 24 CCIA Rehabilitate Terminal Apron P iase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Specification Section Record Data Description Contractor's Record Documents D-705 4" Perforated Pipe D-705 4" Non Perforated Pipe P-153 Portland Cement P-153 Fly Ash P-153 Fine Aggregate P-304 Aggregate P-304 Cement P-304 Cementitious Additives P-304 Curing Materials P-501 Aggregates P-501 Cement P-501 Cementitious Materials P-501 Joint Sealant P-501 Isolation Joint Filler P-501 Steel Reinforcement P-501 Dowel and Tie Bars P-501 Materials for Curing Concrete P-501 Admixtures P-501 Epoxy-Resin P-604 Compressive Seals P-604 Lubricant/Adhesive P-605 Joint Sealer P-605 Backer Rod P-610 Coarse Aggregate P-610 Fine Aggregate P-610 Cement P-610 Admixtures P-610 Premolded Joint Material P-610 Joint Filler P-610 Steel Reinforcement P-610 Materials for Curing Concrete Addendum No. 1; P-620 Marking Materials Attachment No. 5 P-620 Reflective Media Page 41 of 70 Supplementary Conditions 007300- 25 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 Specification Section Record Data Description T-901 Seed T-904 Sod T-905 Topsoil SS-300 Wire SS-300 Electrical Tape SS-300 Anti-Seize Compound SS-300 Constant Current Regulator Calibration Data Report SS-300 Regulator Load Test Reports SS-310 Taxiway Light Fixtures SS-310 Light Base and Hardware SS-310 L-830 Isolation Transformer L-108 L-824C, 5kV and/or 600V Cables L-108 Bare Counterpoise L-108 Stranded Bonding Jumper L-108 Ground Rods L-108 L-823 Connector Kits L-108 Cable Heat Sink L-108 Cable Identification Tags L-108 Exothermic Welds L-108 Airport Lighting Circuit Insulation Resistance Test Equipment L-108 Ground Impedance Test Equipment L-108 Ground Rod Impedance Test Report L-108 Insulation Resistance Test (Megger Test)—Initial Before Work L-108 Insulation Resistance Test (Megger Test)—Final L-110 Plastic Conduit L-110 Conduit Spacers L-110 Detectable Warning Tape L-110 Duct Markers L-110 Bronze Duct Marker END OF SECTION Addendum No. 1; Attachment No. 5 Supplementary Conditions Page 42 of 70 007300- 26 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 10/2018 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM PROJECT: 18148A & 18149A Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV BIDDER: Head, Inc TOTAL BID: $6,507,180.62 COMPLETION TIME: Not Required BIDDER INFO: 4477 East Fifth Avenue Columbus,OH 43219 P: 614-306-2427 F: 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by AIRFIELD CONTRACTING (type or print name of company) on: June 12, 2019 at 2:00 PM (Local Time) for 18148A & 18149A Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. To submit the original bid security or if submitting hard copy bids, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV, Project No. 18148A& 18149A All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents, 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.05 Bidder acknowledges receipt of the following Addenda: Bid Acknowledgement Form 00 30 00- 1 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV--Project No. 18148A&18149A Rev 10/2018 Addendum No. Addendum Date. Sign tur. Acknowledging Receipt 1 5/12/2019 2 512312019 3 5/24/2019 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.O6 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for Bid Acknowledgement Form 003000-2 CLIA Rehabilitate Terminal Apron Phase III&East GA Apron Phase IV—Project No.18148A&18149A Rev 10/2018 the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents, 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. D. The Bidder shall include bids for all Base Bid items (Parts A, B and C) and each Additive Alternate provided on the Bid Form. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific Bid Acknowledgement Form 003000-3 CCIA Rehabilitate Terminal Apron Phase III &East GA Apron Phase IV—Project No.18148A&18149A Rev 10/2018 project experience requirements to determine the lowest responsive, responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids, correct mathematical errors or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract, Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. 5.04 The 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. 1. Base Bid 2. Base Bid+Additive Alternate I 3. Base Bid+Additive Alternate I+Additive Alternate II a ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 17.16 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM, ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. Bid Acknowledgement Form 003000-4 CCIA Rehabilitate Terminal Apron Phase III &East GA Apron Phase IV—Project No. 18148A&18149A Rev 10/2018 E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE ARTICLE S—DEFINER TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers,employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid, directly or indirectly,through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act, ARTICLE 11—SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 11.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 11.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 11.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority, Nonresident Bidders that Bid Acknowledgement Form 003000-5 CCIA Rehabilitate Terminal Apron Phase III &East GA Apron Phase IV—Project No. 18148A&18149A Rev 10/201$ 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 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: AIRFIELD CONTRACTING (typed or,printed full le al name of Bidder) By: (indi idual's signature) Name: Paul A.Ondera (typed or printed) Title: Vice President (typ d or printed) Attest: (individual's sig re State of Residency: Ohin Federal Tax Id. No. 83-4075879 Address forgiving notices: 4477 E Fifth Avenue. Co 111 mhLLs.,0 H 43 219 Phone: _614-338-8501 Email: paulaheadinc.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 NOTE: PLEASE SEE ATTACHED JOINT VENTURE AGREEMENT Bid Acknowledgement Form 003000-6 CCIA Rehabilitate Terminal Apron Phase III & East GA Apron Phase IV—Project No. 18148A& 18149A Rev 10/2018 Airfield Contractip-g JOINT VgNTURR.AGREEMENT This A.greemont is-made and entered inta.as of the 21st day ol°l-ebzuary,2419,_by andibetween.. . HE-AD,Inc.,an Ohio corporation with its priiioipal place of,business at 4477 Uk Y-11 11 Avotatte, Columbus,43219("HEAD"),.and,Jackson Construction S.erviees,LLC,a Te.xas,Limited Liability.Company with its.principal place of business at 212:North .tncti Street, ulte C, Jacl(sboro,Texas'76458 ("JACKSON"), WHEREAS, Ow parties,am Coheerns m&. 0: H�bZoxie Coac.erns in accordpliw With 010.S.tm:1 �d�ilEi�istr�tion's:�rc��r�aa�s.aiacl�plicable-size.standirds;and �TJHLS,kltc past[es::itad..tonrratptnsue and:perform.constructiontro�t ;.au1 'WHFARAS.,;d1e pfirties hereto wish to f'orm.aQarnt valoye:f r t4z puikpose of,thP Pgforinance o.f. the pro oct; aqd W11ER; AS, the paries..liereto desit'e to aet forth their respective alights, interests and ob1.igatiorW as.Eetve .n tiaeaseives,i+vlth.. espect:to`the.abave:: nd.their.perforrriane orf the.pxoject uid �this ;faint ventum ugreerncht;..and I WOW,THFIRFIFQRE�the pathos 1�emto do awtually,agree as follows; A '�T LE I.;THE-JOINT VENTURE T-lxc pac.aa hm6by assoolm themselves as a joint uenture:(the "Joint 1 ertture'°)for the sole arid..: ex0h181ve.pprposo ofs4brnitt ng proposals and;.if.selected; :peifc�rani�ag tjte construction project, i an.ci o'hAIl -do.so in the-.name af.the Joint Veiatut'e, rvliich.shall be nailed; "A,irflcid.Cont*ti4 � (1:3 CS.R.. 125,2(4) 2) i));(rI3 CY R.; � 1.2-.'1.6(c)(1))'„ ... I The print pal office of i1e:l o11t V atuee shall.be HP✓AD's.prineipal.office -Which.islocated int 4477:haat Fah AvenueXoftimb s,014 43219: The,trepresentativea:for each meAnber.afthe..Joint Venture shall be as.foilovvs: For MAD,Paul A. Ondra. For JACKSON.Jef fey r. Jwkson All equipiIient, maleriAs; supplies.and oT er,property acquired.by or for ft.:Ti?rimVenture shall be in the name of the Joint Venture. ARTICLE 2: TERMNATION Unless otherwise agreed to in writing by.the Joint'Venture.patties, either patty inay terminate this agreement upon thirty (30.) days written.natice, provided that the Joint: 'Venture.bas:not 1 submilited at proposal, or has riot yet.begs awarded the subject mntract. It.is specifically agreed that.t}ll patios to the.Joint Venture are.,obligated to ensure performance of h ctsntiact, inoluding a . contract set aside or rewrved for small business, -or a.'HUBZoiie contract;,and to.t�rnplete performance despite the urithdrawatl of any njember. .(13 W':kt. § 125.8(b)(2}(viii)); (13 C.F.R. To tlae extent that wither party,.. breaches:this agteernent by refusing to perfortift, or.otherwise . ceasing to assisC inflee lierioimance of anycotitract al,talped by alae Joint Vtttre,the remaining party. sha-11 be 6411-ptO.to tomplete.said oc ntract:despite.the satmc..In.suchla.cireums6nee;-t& t �ir► iiaing party shi 11 bc;entitled.tp any and:ail-damagcs.associated with the other party's brbach:`- -. ART1CLH; a.MANAGEMENT OF THE.JOINT.VENT.U1 f A is specifloa,lly Agreed:that the Managing Venturer of-the Joint yetatttt`e shoo be l-1EAD.:HEAD � sltttfl be respoaasible t'oi+:alae- general:busiriess affairs.of the Joinv Venture and shall manage the perform arsee off'arty eono'acts obtained by tltd Joint Venture.Paul .A...On&'ra, ap.ernplayee afi E ill , is. et�nin:aithrarized.liy:_both.parties:to'Bind:the :Dint Vetatute to t : oraot..XVlafeoyor, p tti'Ondct ; on.elrtplr�yco of READ,staakt be.de$ gnat�cl..ns..tlte�rajoct.Mkgager:r0spofisiblc'fd The Joint.Venn.tre willlorm an integrated Project-.Team that 1.11 involve key-personnel.,`i'rom' -bo h partles acidfrom selected.sub.Gon'trn tor(s),:as,; pprppxiate, to proyide the,most experienbed., trnt risible t�timet and erfor3rt flee uireinettts:of aq cotltaact.ertlrecl irtto::as art¢f this group la 1� P Y P AgmeMent. The Project Nlanager.ls delegated-the authoi!4 to pontrol.:attd,direct the set-vices of.all.personnol assigned;to tie Project by:the:pafties..attd others. Project Manager shall'also have I .4uthor+ity to accept or:reject al;l,persontaet offej•e'd:fUe.assigoMptit ta.theProject. A "I IOTxIa 1 'S f3 xNG, ROFITS,.:A ND°DYSTRTI31).1 NS For each contr4a parforiped by the. Joint :Venture, the Uattaging .Venturer. vrdll prepare � Nnolidated hivaic that-inelttde the aetaal-costs'incurred. by :each:party. I'he, procddtif e for preparatioia and:st bt�isalca;taf.0 v ices, alltacatt:ion of inditect-costs artd.,recbk and buiseaiaorit.. t1'P yrnerts slaa3 lee cotaaterat with tt tet ntsf this Agrectaaent, A special.-bank a +.Unt..shall be atl°liarttington National..Bank anal is.:.establishcd-In the name.of the Joint Ventttrc. ltiis arcouht t hires the signatures of�both.parties to the.Joint'Venture:,',or d'esi neer.af.eaieh�for wi<tlidrawal purposes. All payments.due.•the Joint-Venture for.perfot0ia'tiCe of ti cot•tt act Miall.-be deposited into this,account; and al 1,expenses incurred. under:the -.ontract - will be paid 6o the`aocoant. (1-1 C,X.R, §: 125.8(b)(2)(v.));{13'CY.R. � 12G.61G(c}f5))• BEAD turd JACKSON-will rooeive,profits Protea lite Joint Ventme commensurate with'the work performed by the concerns. In.'addition to the distri:buflon of profits, each party to the Joint Venture shall be entitled fo the . rcita�bursonaont of costs incurred iii ,contacetion with any work perforated purmaht to this 2 Agivoment. Stich costs shalt be.paid from;Me proceeds received for warp ped•oT ed by the.Joint Vbfiture. To.the went that the Joint Venture incurs any losses,.such lqsses:�hall be C06atcd based upon eau;�i;,uta:#ess:tlae.p�u�ies..agteeatheia�rise,. . timid an attdit of any contract performed,by the.Joint Vontore reveal that payrnent.adjustmeiits 'oft ttie.parti.M is.negessary;the Joint Venture parties agree to make such adjustinents•,ln Wig i.vgard:,the.Mgoaging Ve.iiturer.agrees,tip tnake'avai.lable all books and.tecar:ds necess6ryfar: tite.:Golmnioent toet,0ri•n a hill and cotnp(ete audit.of any ooutract.perfai=ined by,the°Jo)rit Ventati�, `I'q:t v Wont;that.W91 3p .papital::may be-••equired.fo)•.:.the,performance:anal prosecution of ahy. oonih-acts here.un'der, the.Jol6t- Veiture..paities shall.provide.siucli �vc�rlcit�g ci�pital in the same pi°oporrion that they share profit,.unless..agreW upon otherwise.:Any.such fiintls:shall be provided in.a:tiirtely a antter:s�ich.,that.per6o 0.agce:,on-any s�pMfilc contract is tii�affected�if e�the p ity l arrows funds.to it&t its oblis'ations.:hereunder,'such:6orrciwin .sliall:ire ttie sol .obligatyan of, that. stlittl,s#tilt rapt he.tlie OP t.oi gbl.igatlort of tlie:.IAipt VObtUre ar any other party. Di,tributions:ofwoi.kriig capital,:regardiess.ofwlieii.mgoe:shall be on a "last in,first out, basis. Any:repayment of won king.capital shall ntrt relieve:a party.from its olaligatinns.tn.analce,later co4ribuotis of,wprktpg capitialAfit is.dteimined:t>iatLi�dditlonal.cp€itrii?utinns are required.: TIC1t :.: SPON YB><LITITS .OF P-ARMES AIYD. :�{ UII�iV.I N`IC, FAC.14V)ES Ain.0-T-1-W,R8.(U s .:rho bint.Veotuw 11w8t tI�aCwlhud�dx 'l'l�e.°l.eriia.S hepertesphalal,;:-io:wr.iting,..g Contract-spec1fic.term sheet(the`'Term Sheet! Solaetaton se A -iaxtginaf.a1u . ic >lot t A. all.rnaj;Q#'ecltiipiitetjt,:£acilitiesz3d flther.resources.to be firettislied:by each._party t€� 'Clic J'.'Dint Veiatltlir, witlrii detailed SCheClule..of cost orvalue of etch',. 'lfa caritr>iaC is. :iix�lefrxi to irt.i trtnrre, sz�ch its an liidefinite.quantity �condraot.or m1tiple award.contiaot:.' wher:n:tl e 1 Orel of effort.ar,scope.a worlds not kirown,the Joint.Ventute,must pi'o�!i�e,a:.. gong l des6rlption'of-the anticipated:rrfajor �.r ttipitienty:facilitie and athei� resoiirc s;ta be furnished b�. acl -Q t4e-.doinc.Veniure; W--Rhour a.detai'W schedule of Qast:or: vfklue of each, :or iri. the alternative, .specify'h' the. parties. lo.4 e jaunt Venture will: furttish sltcli .msimroos 6 the Joint, Venture:once a'definite scope of work is trriade. pp'bk bal'ly ava lablp. (l :p.I ;§ 125-.A(6)(2)(vi)), (13 ORR. 126.GfG{c)(6);and. BR, Specify then sponsibiiities of.-the.patties.with regard to trio negotiation of'the coritraot, . source.,of labor' :tind contract rierformance;:ina)uding.ways that:the.. ties to the,soint Veptti;�e velli. Onsuee. tlaat .the Joint Venture`.will -meet .the perforinance cif work. . recluitezrients:sot forth in 13 C: .l : § 1.25.80}.and 0 C.la.l . . 12d.blfi(d), where practical. Ifo coii'tract is indafinite-in iiature, ,Such as an indeftlilte quantity contract or a inulti.ple award.contract where the level of.effart or scope of work is riot known,the Johit Venture-must.provide.a general. descriptioo of the.anticipat d responsibi.lities of the patties with regard to rti gottatidn of the contract, source. of lab«r, and contract 3 parforinarlce'-siot [roll-0i the.-ways that the-parties to'the Joint Venture will.ensure that the)OInt.Venture Will moot the.performance of work requirements setTOrth in 1.3 (.S,R.§ 125.8(rl) and-13.C.F.R, §126,616.(d), or.in the'alternative,.specify ho°w the,parties.to.the Joint Venture will.def i e swh. responsibilities once a definite scope of work.ls,made publically available; VnIewageed between:the parties otherwlse' in the Term Sheei,.the° Matiaging, Ver�ttrrei; presented:liy.the 1'raJect Manager, will feed any.negotiatidtls.' with tie Government. relating tta a,contract. Further; the Project Managei, .. will. moriitgt`. ra npl ima with•the perforrnance-of.work-r" irernents and All i•epor- mo�ntbly W the Massaging Ventuaer:'p the.Joint Venture's .cornplianG.e with those .requiremerits.' The P,Ojeet Manager:rnay adjust.worit.assi,�tiipeuts.as needed to ensure ongoitig,eompliance with the perl'orOiailoe of.-wnrk rcgr�iremertt5.. {13.C.F'.R. §:15r8�b)(2)(vi,i.) '((13.G.F.R; § T1C1X4r Ds N'I'.RETENTION AN.D:TRANSM)i`JC' AL All.:books.,.snd-accounting r'ecgrds.,of:the:,lc►mt .Veilture.shall.be.rpaitntained-.in-accordance wit l , gdraeraliy.aueepted":aee�ouxrtirzg.,litactirres.and tile;r�equ.i►•en�ents-cf any.contracts pertorme�i b�.,t4e Jaii t Vena n . '1'Itic'laoolcs:and..records. o�f-..tlP.Joint,Veatture shall.be sp qq 'to<Jhspeo idn by e�tlney party.-to the foint-Vehtuve, ot° tllo i designated xepresontatives; at anly reasonable tirrie slurin the.term of this.,1pint Ventu«. „ ccounting.an� gther.,adrnir;.-strative reeordc relating to the.J:oin#'Venture ahall..be kept n:.tlie •• :. Al trf tic. )4ttntltg Veinttrrer. Th (11 original rrrcoids shall he:tctaiizcd by:the Mariagn ': ' etl t r trprnn oftpletion.--of, a- eorttract performo by .#lie.. Joint Venture. .. 1�6..8(b},�)�ix),(x));{'l3 C,F:R. §.t��i.fa �(��t�);{l0)):. • Aeflgr:ts of tine finanpial.activities-and.ro6dition bf.tlie.Joint VpoUtre shall.be made matrtll.ly to ' each at:t1ae: lilt Veiitut partios by the.ililanaguig:Vejntueer,. l?acln:Joint Vealtu r! Shall xl ttiatain .s>r In Wivi&at.beefs.and accounting-records as :may.'be rcgttiaod .by.any contracts�Onio 0. into hereunder: The Managing:Ve.nturer..ivill..pi'epate:sach cprnsol.idated reports.as are;required.by arny.-s A contracts: 1 kh'Joint Venturer js.mspoast a or: -. any..agd:all,tat ab:tlgatiarls:arising-oral uf" Ys perfor:mance of,any ser.v.ices.renciered as part-,of this Agreetlffent.The Nl n4girig Venturo shat l:be:respbnstble.for any>and a1l;tax rcporting.o�ligations. of the John Votat to. "Tlv MaijAogg Venturek.shall:prepare;on-cause:to-:�e'prepatt:ed: (1)quarterly finanoial stalomwits show'ung cm tt:ilative contract,rdoeipts..:an:cl.expign'lith, (irlcludir�g:salaries Qt'tl�a join(veatuff 9 .ptincipals), a'rnd these sha11 kie.submitted .to-the:SirtalI Tl L. iraess Ac1miriistiation,.not. litter''than- talty-free (4 ). #a,ya.after each.opeiatlrrg quarter ofAfte.joint:venture; arnd (2).a prc�Ject-errd.prr t €nid.loas sttttement, i ncluding a statenient.-of final profit:.distribution, and this shall be subr fitted to ilia Small d4siness Ar wji'tistratiod'no later..A;4n ninety (90) days ager cotnipletiod cif '-a . s6rttcact, (1� C..F.R. § t2 .tz(b)(2)(xi);(xii));(l3 C.F.R. )). ART1CL. B 7.AtSSIGNlVlilrNT Neither party to this Agreement shall se-11, assign, tran;;fer, mortgage pledge,-or in.a:ny.mantlor encua bar its h iorost in the Joint Velntuee, or in any CointrwR entered into by the.Joint Venture; 4 or in any zotherinstrulvient or obligation of-the. Joint.Venture,.ar inn any of te proceeds from said.' contiitcts withotit„the prior written conseni of the other.p rty. ARTICLE 8a SUBCONTRACTING Moate of the,servxces to be petffotnned under,any contract entered into.by.the Joint Ventute shall be.soboo ntmeted to.atny person, firin, or without .the.prior written approval of:the,lVf paging ventumr. AgTICLlK 9.: INSURANCE AND MAN.iN1Ff CATIQN Ir uratie..of the kinds and..in:the amounts specified .in any..poritraet-entered..into:.bythe:Jbitit.` v tut .shall.lbe.obtained by:the. loini Ve�zture; unless Che i6int Ventaire;parties mutually ague to ob*.If hisuratice M'..ttwjr-own:names.. With respect fo-gny.4p� ak[sertrices.peirteivieo by the.pairties agree usfoClows: . . . L DEAD 4gi•ees:to.1ndem'nit'y; dofeh& End:hold fheJoint.Vpnture:.ai1d.JACKSON: hor4fiaiti and upinst.any Irabcosti pt`.expense; inGliiditig.attoznoy' fees �tnct.�dsts; isin� out of ar�resuli:iiig::frnm any.;ine�li�ent,acis, eri�oi•sei'omxssioias by .1 1 :A17, or -mrng:wpiit directiy,:fot.:HIWAp ar► at►y . .. . pral��t<ttridoi:tafcen°>�}+the Joint V.�nC�re:. . . , i 2. JACKSON,a ivies-to.iindemnJf-y,.,defend, and hold the-Joint.Venture.,and Ht-AQ:: .: hatinl'ess ftc�tn and against any liability,.;eost oa.expcnse,-.>ncltid'in attq>rney'sfees and frosts, arMng aur of or reSoitn }£coin;ny,negliget�t acts; eriors.,o�;otzZissions by, IA I4�ON.p-ok any.sub0iilr ctors p rfartnitng woili:diiectly for:JACKSQ :on. cxr�y..pz'oJect undertaWn.by.tiw)oint Venture. T :tlze Cer t rifer any:liability::arises.wlth.�'espedt:.to niny.wotkperformed.by'the 4utt:V6t11re,*Bich is.not the rbspornslblfity ot'.ow party,or toe.othe>,;thein eabh, parvo agrees that it 3,1W bo rc�sponsilale:fo�,any.clatna es:tissoviated with the.sairie rrt.pioprtigti to its intet`est in the:Tdirit Venture;sucl3 ijnteiest beiing its:ent1tiement to .'thy pxnfits: geinerated by:thc, .joint. Venture,.MV r.eover;.:each peaty shall::Iie tc�Irohscii:le for iirry attorney's fees-arid�otliec:casts assy�xatecl;wztli,tlte def�itse aC. : . any action,orpos5ble,action,iii propoition to 'rts interest liereundei'. 4. The obliptions-to-indemnify;.as,set:fnitln above, shall survive tennination.of-the Joint Veyitur�.. In this ga d,:the.Joint Venture.paf,tW hereby.a-gree.that, despite aqy su h,termination,of thewithdrawal-pf-any.:izieiribet,rhat any and aff-contra'OU.- eatemd. into :by.the.Joint.Venture shall be completed-by.theJbint vont4e,..ot rern�airx:ing��ternk>dr.. . . . ARTICLE, 10..DEVAULT Shoidd either pity to the ,point Venture (i).file or :fail to di-Miargo within thirty(�O) days an involuntary petition iw banitruptcy or`aeur anizatiocn, or (ii) file a:certificate ct1 �Iissolutiun-by eloetion by an order of a court of conipetent jurisdictlon.,or by operation of law,.of(iii) make'a neral assigrtin�.t :for lhe.ben:elat•of&editors or become .insolvent, .or. (1y) eontinue in ahy ciefaul-t of iEs;r iiligatioris.Linda this Agreement, after:30 days front..the date.of written notice of' sueh default issued lay..the other:Jo nt Ventut.e'paky;-then such-party shall.assurne the,obligatiotts and rights gf11`1e Joi3it.Vej%iro and do wbate' veilt deems.necessary �t d appr6priat&to complete tho pexfbrmgnt a of any.pontract.s.then:in existence. .Once the-aforementioned-thirty (39) .ddy porio has pay is d,tlio deftultsliall..be deemed i'fnaI".'for purposes of this Agt�eeirtent.: in the-oase ofsucla defauIt, the--leftiulting Joint Ventu a party'shall immediately tuns over. o_'the:` surr+tvit Jaiitttitute patty ,all documents and.other,pertinent information.relating to:any . : Coaitrauts that�e Rdn' t.Venture is.obligated,to.;pert rrn and carnplete, ali $irch dooutneuts:and inok't.utinti:shad be provided tofloc surviving loiht'Venture:.pazy:within:seven (7}-days of the dei'ault laecvix►inghial.' After.tkte o urreope -of any..suchMault; the 4dijninistrat6rs, trustee's of. t-epti sentati�a.-of tho defhultit�g.la t}t'VetitLfre:party shall have rto right.•to partieipd in,tl��:admin stratlori of the,foint:. Von-t A11.asset's-held:by the•kin t V 0 k aute shall,be.placed,in.a.sppclal.accauiit,ar otherwtse . . haj-.l -in trust,.ttirttl::alit contracts.c�£ the,:Mnt:r 'phtur :havp..been camplotiy tfts •i#antioti w tho-default ng meinbev t6re shaii'be cietlttcted all ad banal a open s.iiscurrecl, F avy;by thee4kwviviw Joint Veitttiro.pat ty:as a resulti of;§uc} default The.def tiltirtg Jnirtt Vesture party 4411 b6 Mable--for:any..losses-sustained bj.the su�viving.�Jgit�t Vea�tut� party, ar wh'cli�are eurrosl.icy the Joint.Venture as a.result.of the<de ault. i As both parties-to the,Joint 'V•entucc.are-:Small-l iWftess and/or FSU BZane <coneeens, the hou 1 €letltit�g psi`ty.shall lsecomee Managing Ventuiet°ciild assuilie all rsponsibilities.asociAted `.:. with that OpsRWA. T 'je- E,IL-NOTI<CE.S.. All:natioas mquired to be liven u.nd.er.any provision -of;.tbis;lAgrooment-by .either.patly.hereto oball-be.given.by f`ir.4f.q ss-:as follows: � To BRA-0; 44,77.East M-fth-AveiltiE Golgiribus,0E 432.19 '1'o JACKSON: 212 North Church S ite .luela bwo.'Texas'7645.8 ARTICLU!2.: AiV1ilE,N,�,MENTS. This Agreement inay .only be t odifted-or-amended in writing. A.:moRc -rients shall too inkiated by the Joint.Voii<ture parties. 6 ARTICLE 13: SUCCESSORS AND ASSIGNS Subject to the foregoing, this Agreement shall inure to the benefit of, and be binding upon, the Joint Venture parties, their successors, trustees, assigns, receivers, and legal representatives, but shall not inure to the benefit of any other person, firm or representative. ARTICLE 14: ORGANIZATIONAL CONFLICTS OF INTEREST Each party sliall disclose to the other relevant information bearing on the possible existence of any organizational conflicts of interest, or other conflicts that could impact the relationship. In the event that either party has reason to believe that it has or may have in the future, a potential or actual organizational conflict of interest. or other such conflict, as it relates to any contract entered into by the Joint Venture. it shall so notify the other party as scion as reasonably possible. ARTICLE 15: MEDIA RELEASES No releases shall be made to the news media or the general public relating to this Agreement without written approval of both parties, which approval shall not be unreasonably withheld. ARTICLE 16: GOVERNING LAW This Agreement shall be interpreted in accordance with the laws of the State of'Ohio. ARTICLE 17: COMPLETE AGREEMENT This agreement. including all matters expressly incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter to which it relates, and there are merged herein all prior and preexisting representations and agreements made by and between the Joint Venture parties. ARTICLE 18: CONTROLLING CLAUSES The clauses and conditions required by 13 C.F.R. § 125.8 and 13 C.F.R. § 126.616 control this Agreement and no other clause or provision in this Agreement shall be read to alter or contradict those clauses or provisions. IN WITNESS WHEREOF. the authorized representatives of the Joint Venture parties hereto Dave cXecuted this Agreement the day and year set forth above. For HE By lames M. ee . President (CORPORATE SEAL) 7 i I CERTIFICATE I;Paul A.'C3ixdexa, oertify:that,I atn tho Seoretar .of.Roadjnc, that-James,M. Head. .who signed this Ag*,om. c.nt for idis: corporation, was -ihen',President .of this corporation;, and'.that: tris A a; ci ti ak.wss,duly signed. for.anci pn behalf.of tla s corpnrltian by auth4r4 of':its governing holy and'with.in the scope of its,corporate powers. : etre#ai y Icy: . ,.. ... ...: . .. (CORDO A;%StAL). 4 :CUTIFIC-ATE. i,, Tames.A4, :%r vrl . ettify tltt.X atn-:lPartnei of Jacitsotr.Constjuction.-Services;:Li:,C:;"A' I 1e fret' :.: aci ; : +ha'si xied:.this : reean �L`far this Limited. �igbi-hb`6—:tftpany, V1+ 5 �t th6t this.A4�eein t Was.,duty;signed ar: d.an b4half af;fliis IA C,fit' authoNty o#,:a gau �t�g body aiidwitliit�the sca'p :4f-its:}?owers, By.: I'' 17 Janes"M.. e. an;Pa��itglr f AIRFIELD CONTRACTING 4477 E.Fifth Avenue—Columbus,Ohio 43219 (614)338-8501-Fax#(614)338-8514 June 12, 2019 City of Corpus Christi City Secretary's Office City Hall Building, First Floor 1201 Leopard Street Corpus Christi, TX 78401 ATTN: City Secretary RE: Corpus Christi International Airport 1 Rehabilitate Terminal Apron Phase III & East GA April Phase IV Project# 18148A and 18149A Please be advised that Airfield Contracting will obtain authority and qualification to do business in the State of Texas prior to award of the above referenced project. 1 Sincerely, i Paul A. Ondera Vice President 00 72 03 FEDERAL DBE REQUIREMENTS AND FORMS ARTICLE 1—FEDERAL PARTICIPATION POLICY It is the requirement of the Contractor to fully comply with the regulations as set forth in 49 CRF Part 26 for compliance with Disadvantaged Business Enterprise program regulation. 1.01 Good Faith Effort The obligation of the bidder/offeror is to make 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 bidder/offer's good faith efforts before we commit to the performance of the contract by the 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 to do. 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 is replaced on a contract(26.53(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 reasonable 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 payment/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) The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner(please check the appropriate space): iX The bidder/offeror is committed to a minimum 10.04%DBE utilization on this contract. oThe bidder/offeror(if unable to meet the DBE goal of 10.04%) is committed to a minimum of % utilization on this contract and submits documentation demonstrating good faith efforts. Name of bid er/offeror's firm: AIRFIELD CONTRACTING By: - Vice President (Signature) (Title) Addendum No. 1: Attachment No. 4 Federal DBE Requirements and Forms Page 13 of 70 007203-1 CCIA Rehabilitate Terminal Apron Phase 11 and EastApron Phase IV—ProjeCt No. 181 48A& 188149A I Complete the following for each DBE Firm to be used on the project. cocconm w Name of bidder/Offeror's Firm: Airfield Contracting Name of DBE Firer. NAE Contracting Address: 843 South Cherry Lane City, State,Zip: Ft. Worth, TX 76108 Telephone(s): 817-220-2200 Asphalt Pavement Removal Description of Work to be 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$_ 294,614.50 Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated value as stated above. (DBE Signature) (Title) f the bidder/offeror does not receive award of the prime contract, any and all representation in this Letterof Intent and Affirmation shall be null and void. (Submit this page for each DBE-subcontractor. Addendum No. 1, Attachment No. 4 Paste 14 of 70 Federal DBE Requirements and Forrns ----- 007203-2 CLIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A& 188149A Complete the following for each DBE firm to be used on the project. Cocconm LNarne of BiddelOfferer's Firm. Airfield Contracting Name of DBE Firm: Champion Fuel Solutions Address: P O Box 210191 city, State, zip: Bedford, TX 76095 Telephone(s): 877-909-9191 Supply 51,500 gallons of Off Road Diesel Fuel @$2.35/gallon Description of Work to be performed by DBE firm: Price per gallon will fluctuate with the market. 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 $ 121,025.00 Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated value as stated above. By..— Aa&� 16z� President (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.) Addendum No. 1: Attachment No. 4 Page 14 of 70 Federal DBE Requf rements and Forms -- 0072 03-2 CCIA Rehabilitate Terminal Apron Phase Ifl and East GA Apron Phase IV—Project No. 18248A& 188149A l l Complete thefollowing for each DOE Firm to be used on the project. �. Cac onm Name of BidderlOfferor's Firm: I Airfield Contracting Name of DBS Firm: Tahoe Trucking, Ino Address: P O Box'117371 City, State,Zip: Corpus Christi, TX 78460 Telephone(s): 361-767-17$$ Haul AspheltMillings 1800 Hours $65.001Hr=$117,000.00 Haul Stone&Sand 32,450 Tons '$4.50rrn=$146,025;00 Haul Newly Mixed aCement Base 1150 Hours Q$65.00iHr=$74 750.00 Description of Work to be Haul Nowly Mixed Concrete 1650 Hours a$65.001Hr=$100,75(7;00 performed by DBE firm. k4g'-3 The bidder/offeror is committed to utilizing the above-named DOE firm for the work described above. The estimated dollar value of this work is$ 438 825.00 Affirmation: �I The above-named DBE firm affirms that it will perform the portion of the contract for estimated j value as stated above: By (DBE Signature) (Title) If the Kidder/offeror does not receive award of the prime contract,any and all representation ill this Cetterof Intent and Affirmation shall be null and void. Sum` this 0-age or each.Dl3,t: ubconi`rattor, Addendum No, 1: Attachment No. 4 Federal DBE Requirements and Forms _ Page 14 of 70 007203-2 p72082 CLIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV-Project No, 18148A&188149A \ 22 3 0k = E § 2 / ■ $ 2 e > a2 k � CO 2 '® CD ° a� m � / n3 m ac \ \ £ 3 2a- $ w E ° \ 2@ _ % [ 7 / 7 \ . \ \ � ± j ± @ \ R 2 \ E Q R � � t \ \ 7 � < ■ 7 (D e = § \ \ / \ o < / k � b \ o o j � � � \ \\ \ } �Li / \ LL o 202 § 7k O 2 § \ / % f E \ 2 2 ® \ » _ . E oa © � � \ § { < \ / \ % �\ U) % o \ E j Q \ ® ƒ \ � _ cac o % § / Q � k � \ \ \ § § 3 / Zz ( \ 2 ° •° 2 2 a / < ■ © / n - : - : \ § o m ] \ \ o : E - a u a e e a U [ [ k / / \ � � ® / .\\ cz $ / / t \ £_ / ( / o \ \ \ a o k « \ / \ z = 2 7 CL ® ° ° \ k / ? z \ \ \ \ 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM BID TOTALS BASE BID Total PART A-GENERAL $316,315.16 Part B- BASE BID-TERMINAL APRON $5,083,095.78 Part C- BASE BID- EAST GAAPRON $1,107,769.68 Total $6,507,180.62 ADDITIVE ALTERNATE 1 Total PART D-ADDITIVE ALTERNATE I -TERMINAL APRON $171,107.00 Total $171,107.00 ADDITIVE ALTERNATE 2 Total PART E-ADDITIVE ALTERNATE 11 - EAST GA APRON $206,286.80 Total $206,286.80 PART A-GENERAL No. Description Unit Qty Unit Price Ext Price Al 01 29 01 MOBILIZATION(MAX.5%) L.S. 1 $208,019.16 $208,019.16 A2 01 29 01 BONDS AND INSURANCE L.S. 1 $96,713.00 $96,713.00 A3 01 29 01 OWNER'S PROTECTIVE L.S. 1 $11,583.00 $11,583.00 INSURANCE Sub Total: $316,315.16 Part B-BASE BID-TERMINAL APRON No. Description Unit Qty Unit Price Ext Price B1 SS-120-3.1 SITE PREPARATION L.S. 1 $486,272.71 $486,272.71 B2 SS-130-4.1 TRENCH AND EXCAVATION L.S. 1 $1,521.24 $1,521.24 SAFETY SYSTEMS B3 SS-300-5.1 LOCKOUT/TAGOUTAND L.S. 1 $7,260.34 $7,260.34 CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM B4 SS-301-5.1 EXISTING BASE MOUNTED EACH 14 $379.08 $5,307.12 EDGE LIGHT, REMOVED B5 SS-310-5.1 L-861T BASE MOUNTED EACH 10 $3,505.87 $35,058.70 TAXIWAY EDGE LIGHT, INSTALLED B6 SS-310-5.2 TEMPORARY AIRFIELD L.S. 1 $12,329.51 $12,329.51 LIGHTING B7 D-705-5.1A 4 INCH PERFORATED LF 845 $26.00 $21,970.00 UNDERDRAIN PIPE, INSTALLED B8 D-705-5.1 B 4 INCH NONPERFORATED LF 170 $17.12 $2,910.40 OUTFALL PIPE, INSTALLED B9 D-705-5.2 UNDERDRAIN CLEANOUT EACH 4 $994.67 $3,978.68 B10 D-705-5.3 SAFETY END TREATEM ENT EACH 1 $1,263.06 $1,263.06 B11 P-101-5.1 PAVEMENT REMOVAL, S.Y. 19515 $19.62 $382,884.30 ASPHALT(-18") B12 P-101-5.3 PAVEMENT REMOVAL, S.Y. 400 $52.71 $21,084.00 CONCRETE(-15") B13 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y. 3795 $34.13 $129,523.35 B14 P-152-4.2 UNSUITABLE EXCAVATION C.Y. 950 $59.97 $56,971.50 B15 P-156-5.1 TEMPORARY EROSION L.S. 1 $63,272.82 $63,272.82 CONTROL B16 P-304-8.1 CEMENT-TREATED BASE S.Y. 19700 $41.65 $820,505.00 COURSE(10") B17 P-501-8.1 PORTLAND CEMENT S.Y. 19515 $149.07 $2,909,101.05 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) B18 P-620-5.1-1A PAVEMENT MARKINGS S.F. 1700 $3.80 $6,460.00 (YELLOW)WITH REFLECTIVE MEDIA B19 P-620-5.1-1 B PAVEMENT MARKINGS S.F. 3410 $3.80 $12,958.00 (BLACK)WITHOUT REFLECTIVE MEDIA B20 P-620-5.1-1 C PAVEMENT MARKINGS S.F. 500 $3.80 $1,900.00 (RED)WITHOUT REFLECTIVE MEDIA B21 P-620-5.1-1 D PAVEMENT MARKINGS S.F. 2185 $3.80 $8,303.00 (WHITE)WITH REFLECTIVE MEDIA B22 P-620-5.2-1A TEMPORARY PAVEMENT S.F. 790 $3.80 $3,002.00 MARKINGS(YELLOW)WITH REFLECTIVE MEDIA B23 P-620-5.3 PAVEMENT MARKING S.F. 2990 $3.80 $11,362.00 REMOVAL 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM B24 T-901-5.1 SEEDING S.Y. 3225 $6.34 $20,446.50 B25 T-904-5.1 SODDING S.Y. 925 $14.28 $13,209.00 B26 L-108-5.1 NO.8 AWG,5 kV, L-824,TYPE C L.F. 2000 $3.19 $6,380.00 CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT B27 L-108-5.2 NO.6 AWG,SOLID, BARE L.F. 1075 $3.35 $3,601.25 COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS B28 L-110-5.1 NON-ENCASED,SCHEDULE 40 L.F. 1075 $31.87 $34,260.25 PVC ELECTRICAL CONDUIT, 1-WAY 2"C Sub Total: $5,083,095.78 Part C-BASE BID-EAST GA APRON No. Description Unit Qty Unit Price Ext Price C1 SS-120-3.1 SITE PREPARATION L.S. 1 $66,097.33 $66,097.33 C2 SS-130-4.1 TRENCH AND EXCAVATION L.S. 1 $1,521.24 $1,521.24 SAFETY SYSTEMS C3 SS-300-5.1 LOCKOUT/TAGOUTAND L.S. 1 $3,630.18 $3,630.18 CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES C4 SS-301-5.1 EXISTING BASE MOUNTED EACH 3 $408.06 $1,224.18 EDGE LIGHT, REMOVED C5 SS-310-5.1 L-861T BASE MOUNTED EACH 3 $3,505.87 $10,517.61 TAXIWAY EDGE LIGHT, INSTALLED C6 SS-310-5.2 TEMPORARY AIRFIELD L.S. 1 $12,329.51 $12,329.51 LIGHTING C7 D-705-5.1A 4 INCH PERFORATED LF 65 $36.75 $2,388.75 UNDERDRAIN PIPE, INSTALLED C8 D-705-5.1 B 4 INCH NONPERFORATED LF 160 $18.92 $3,027.20 OUTFALL PIPE, INSTALLED C9 D-705-5.2 UNDERDRAIN CLEANOUT EACH 2 $1,112.52 $2,225.04 C10 D-705-5.3 SAFETY END TREATMENT EACH 1 $1,263.06 $1,263.06 C11 P-101-5.2 PAVEMENT REMOVAL, S.Y. 2905 $13.08 $37,997.40 ASPHALT(-12") C12 P-101-5.3 PAVEMENT REMOVAL, S.Y. 290 $27.37 $7,937.30 CONCRETE(-15") 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM C13 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y. 1465 $37.64 $55,142.60 C14 P-152-4.2 UNSUITABLE EXCAVATION C.Y. 365 $61.80 $22,557.00 C15 P-155-8.1 LIME-TREATED SUBGRADE S.Y. 3095 $20.64 $63,880.80 (12") C16 P-155-8.2 LIME TON 92 $411.16 $37,826.72 C17 P-156-5.1 TEMPORARY EROSION L.S. 1 $49,459.92 $49,459.92 CONTROL C18 P-304-8.1 CEMENT-TREATED BASE S.Y. 3490 $41.66 $145,393.40 COURSE(10") C19 P-501-8.1 PORTLAND CEMENT S.Y. 3065 $167.73 $514,092.45 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) C20 P-501-8.2 PORTLAND CEMENT S.Y. 425 $127.13 $54,030.25 CONCRETE PAVEMENT(8"WITH COMPRESSION JOINT SEALANT) C21 P-620-5.1-1A PAVEMENT MARKINGS S.F. 160 $3.80 $608.00 (YELLOW)WITH REFLECTIVE MEDIA C22 P-620-5.1-1 B PAVEMENT MARKINGS S.F. 320 $3.80 $1,216.00 (BLACK)WITHOUT REFLECTIVE MEDIA C23 P-620-5.3 PAVEMENT MARKING S.F. 100 $3.80 $380.00 REMOVAL C24 T-901-5.1 SEEDING S.Y. 80 $9.04 $723.20 C25 T-904-5.1 SODDING S.Y. 64 $15.01 $960.64 C26 L-108-5.1 NO.8 AWG,5 kV, L-824,TYPE C L.F. 560 $3.19 $1,786.40 CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT C27 L-108-5.2 NO.6 AWG,SOLID, BARE L.F. 200 $3.35 $670.00 COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS C28 L-110-5.1 NON-ENCASED,SCHEDULE 40 L.F. 200 $31.87 $6,374.00 PVC ELECTRICAL CONDUIT, 1-WAY 2"C C29 L-110-5.2 SCHEDULE 80 PVC ELECTRICAL L.F. 175 $14.34 $2,509.50 CONDUIT, 1-WAY 1-1/2"C, MOUNTED TO SURFACE FOR TEMPORARY PHASING CONNECTIONS Sub Total: $1,107,769.68 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM PART D-ADDITIVE ALTERNATE I-TERMINAL APRON No. Description Unit Qty Unit Price Ext Price D1 D-705-5.1A 4 INCH PERFORATED LF 35 $35.27 $1,234.45 UNDERDRAIN PIPE, INSTALLED D2 P-101-5.1 PAVEMENT REMOVAL, S.Y. 840 $17.85 $14,994.00 ASPHALT(-18") D3 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y. 165 $29.67 $4,895.55 D4 P-152-4.2 UNSUITABLE EXCAVATION C.Y. 45 $75.91 $3,415.95 D5 P-304-8.1 CEMENT-TREATED BASE S.Y. 850 $37.76 $32,096.00 COURSE(10") D6 P-501-8.1 PORTLAND CEMENT S.Y. 840 $134.56 $113,030.40 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) D7 T-901-5.1 SEEDING S.Y. 125 $6.67 $833.75 D8 T-904-5.1 SODDING S.Y. 35 $17.34 $606.90 Sub Total: $171,107.00 PART E-ADDITIVE ALTERNATE II-EAST GA APRON No. Description Unit Qty Unit Price Ext Price E1 P-101-5.2 PAVEMENT REMOVAL, S.Y. 820 $11.90 $9,758.00 ASPHALT(-12") E2 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y. 340 $32.67 $11,107.80 E3 P-152-4.2 UNSUITABLE EXCAVATION C.Y. 85 $75.43 $6,411.55 E4 P-155-8.1 LIME-TREATED SUBGRADE S.Y. 830 $18.78 $15,587.40 (12") E5 P-155-8.2 LIME TON 25 $374.04 $9,351.00 E6 P-304-8.1 CEMENT-TREATED BASE S.Y. 825 $37.97 $31,325.25 COURSE(10") E7 P-501-8.1 PORTLAND CEMENT S.Y. 820 $149.69 $122,745.80 CONCRETE PAVEMENT(15"WITH COMPRESSION JOINT SEALANT) Sub Total: $206,286.80 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ® Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of nhin ❑ 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: AIRFIELD CONTRACTING (typed or printed) By: (See attached Joint Venture Agreement) (signature attac��evidence of authority to sign) Name: Paul A. Ondera (typed or printed) Title: Vire Prpeirdpnt Business address: 4477 F Fifth Avenue Columbus OH 43219 Phone: 614-338-8501 Email: �paulPheadinc.com END OF SECTION Addendum No. 1 Attachment No. 3 Page 11 of 70 Compliance to State Law on Nonresident Bidders 003002- 1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A 10/2018 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: AIRFIELD CONTRACTING STREET P. O. BOX: ADDRESS 4477 E.Fifth Avenue CITY: Columbus STATE: ZIP: - FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) None 2. State the names of each "official"of the City of Corpus Christi having an"ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title Nnne ...,.. 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 Board,Commission or Committee None. 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 None City of Corpus Christi 00 30 05—1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 0 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Paul A.Ondera Title: Vice President (Type or Print) Signature of Certifying Per n: J Date: June 12, 2019 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Project No. 18148A and 18149A Rev 0 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Cows Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Project Number 18148A(Terminal Apron Phase III) 18149A(East GA Apron Phase IV) Bidder certifies that it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity,quality, or price in the prospective contract,or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: AIRFIELD CONTRACTING (typed or printed) By: (signature--attach evidence of authority to sign) Name: Paul A. Ondera (typed or printed) 1 I Title: Vice President Business address: 4477 F Fifth Avenue CalurnhijgO OH 43219 Phone: Email• —paul@headinc,com END OF SECTION Non-Collusion Certification 003006-1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV–Project No. 18148A and 18149A 10/2018 TABLE 1—ORGANIZATION INFORMATION Organization doing business as: Business Address of Principal Office 4477 E. Fifth AvenueColumbus, OH 43219 Telephone No. 14- 3- 501 Website Form of Business (check one) ❑ Corporation W Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Names) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: [(General ❑ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year NOTE: PER ADDENDUM NO. 1, ATTACHMENT NO. 1, PAGE 1 OF 70 (ATTACHED),THIS FORM IS NOT REQUIRED TO BE SUBMITTED WITH THE BID. PER SECTION 00 45 16 PAGE 1, ARTICLE 1, SECTION 1.01, "TO BE CONSIDERED A RESPONSIVE BIDDER,THE THREE LOWEST BIDDERS MUST COMPLETE AND SUBMITTHE STATEMENT OF EXPERIENCE WITHIN 5 DAYS AFTER THE DATE BIDS ARE DUE, OR EARLIER IF REQUIRED BY THE BID DOCUMENTS, TO DEMONSTRATE THE BIDDER'S RESPONSIBILITY AND ABILITY TO MEET THE MINIMUM REQUIREMENTS TO COMPLETE THE WORK". Statement of Experience 004516-3 CCIA Rehabilitate Terminal Apron Phase III and East GA Phase IV—Project No. 18148A and 18149A Rev 10/2018 3755 S.Capital of Texas Highway Suite 325 Austin,TX 78704 TEL 512.485.0009 CELEBRATING FAX 512.485.001.0 ONE HUNDRED YEARS www.GarverUSA.com 1 91 9 2 0 1 9 MEETING MINUTES Pre-Bid Meeting Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Project: Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Project No. E1148A & E18149A Record Drawing No. AP148 Date: Wednesday, May 15, 2019, 10:00 a.m. Location: Corpus Christi International Airport Second Floor, Administration Conference Room Consultant: Garver Attendees: See attached Sign-In Sheets Agenda with Minutes: 1. Sign-In Sheet 2. Introduction (Garver) a. Josh Crawford and Derek Mayo with Garver(Derek Mayo will be the point of contact) i. Tim Yarborough with Garver, will be the Resident Project Representative (RPR) b. From the Airport: Victor Gonzalez, John Johnson, Carl Gross, and Crispin Belino i. Nicole Zapata (finance director) and Gabe Anton (facilities manager) c. From the City of Corpus Christi: Eli Pena and Isaac Perez 3. Contract Overview and Requirements (Garver) a. Garver covered general contract items, including a brief description of the base bids and alternates. b. Garver emphasized Article 7 of Section 00 30 00 for the attachments to the bid. i. It was noted that the Statement of Experience is not required to be submitted with the bid along with the other items. This is a new requirement from the City. c. Contract time for the project is 270 calendar days for substantial completion, 300 days for final completion d. Liquidated damages are $9200 per day e. The addendum that is coming is anticipated to include: Addendum No. 1 Attachment No. 1 Page 1 of 70 G��A3Anrclzre�t,.7 GREAT AMERICAN INSURANCE COMPANY R F�AIA Al�ERICAJX INSURANCE GROUP OHIO 130 BOND Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business): Airfield Contracting Great American Insurance Company 4477 E. Fifth Avenue 301 E. Fourth Street Columbus, Ohio 43219 Cincinnati, Ohio 45202-4201 OWNER: (Name, legal status and address) City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 BOND AMOUNT: $ 5% of the attached bid PROJECT: Corpus Christi Airport (Name, location or address, and Project number,if any) Corpus Christi International Airport, Rehabilitate Terminal Apron Phase III & GA Apron Phase IV Project Numbers 18148A & 18149A The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a Surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or(2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 24th day of May 2019 Ai 'e Cont cti g P (tartness} f Paul A. Ondera, Vice President (Title) GREAT AMERICAN INSURANCE COMPAN e (Surety) ;Beal) (tar } , (Attomey-in-Fact) Peve 1 M.Lodi The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310-2010 Edition GREAT AMERICA.'N, NSU RA.'NCE COMPANY@ Administrative Office: 301 E 4TH STREET `,) CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power oFattorney is nal more than TWO No.0 20713 f't)\1'l,ltC7hA1 I,(m 1.1' KNOW ALL IIENBYTtIESI PRESEN'TS: -II the(-iI\E,\I \:MI- Il INS URANCHCOMPANY,acorporation oiganizedand existingunder and by virlra"f the la%cS (,I'lhc Slate o1 Ohio,.tlCrcc hcr�L v aominale.c,nSiihi'.0 arul:3plx_rint the person or persons named below,each individually ifmore than one is JamCcl,its IT -Incl Ir11%I'III altt,rliq-in-facl. Ill. it,..td iii i:s pklce a:1,1 5texl l'r on behalf ofthe said Company,as surely,any and all bonds, andel[:rl:in�s nerd conoacts ul lurch ship,or Ot11Cr u'riltCn Obliptiuns in lilc n,uure therein: provided that the Iinbilily of the said ClImpany on any such bond, undcrlaking or contract ol'suretyship executed under this authority shall notcxceed the limit stated below. NtMlc Address Limit of Power BRADLEY STAMMLER BOTH OF BOTH BEVERLY M, LODI COLUMBUS,OHIO $100,000,000 1Ilk nf",lic+rrc kc; .,.I precious issued c,r hehrdI'll l thealL,sinznl n,: ',i:1I,ove, s 11 I'I`:lih5 11r111:;a:C)F the CRI.:,Ci'AMI-I k-AN INSLI :A�Ci-C-OVIIIANY hs c u r.lh(—,c sir.;to be signed and attested by its appropriate- officers and ils Corporate seal hereunlo alTIxed this 29TH h% nl SEPTEMBER 2015 Atlest GRE'A7rA1A4I-.RI( :A�A I'J5URANCE COMPANY Assi,rrmN S'ecr-etan, Iaivi.vinur7l.Scrrinr f'rcr 1'r>:sicLrrrr S`hA"hH OF 01-1I0,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN{877-c77-24Ms On ibis 29TH day of SEPTEMBER 2015 , before me personally appeared DAVID C- KITCHIN, to inc known, being duly sworn, deposes and says that he resides in Cincinnati,Ohio, that he is a Divisional Senior Vice President of the Bond Division afGreat American Insurance Con;parry,the Company described in and which executed the above instrument;Giat he knows the seal ofthe said Company;(bat the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of II olTice under[lie By-Laws ofsaid Conipany,and that lie signed his name thereto by like authority. This Power ofAI is+runt,rd h\ auihority of the following resolutions adopted by the Board of Directors ofGreatAmerican I nsurunce Cowpany by unanimous written consent dated.lune 9.-UOS. RGSQI_!'E ) Thol the. Division?ol President, the several Dil'isior?ai Senior bice Pr-esidenls, Dwisinnal!'ice Presidents curd Divisonal Assistant Bice ro e eCirIe on behall'of the Companv, ris.�, , aril crll ir,, . r„irrgs crud Lorin acts uf.,r r , -w ulher ul iwClr ubilgrrrrrarrs in/,rL io prescribe their respective drrlies and I'L.lin?ils of i riri al?d la r-eva/'e rn111 su[Ir 'inrn?ent 010173'111110, `;r.)i.l'I�U FL%1,':171L12_ That the C'owpmny seal and the signalers of mry o1,11?e aforesaid UIjieers mrd arra secrelarI,ar;l.ssistanl Secrelarx 0[the icer! n' ' ,r0M11'11),'rnrlldrrc^r n!ci110r r or c�>r/r(udoh,nh cirlWr«h-��n f,,r Ilre CAC,'lion ir:I't'hrrrr1. noel r col„�r:. r,r„rr b e)jfrcer caul the orlgmal seal of the C'ornpuny, to be s.oiiel and binding rrptm the Cowpony-with the sm a farce ural eJJecl cos 0101?g11 ntrarttrallr ufJi-,ped. CCIRT1171CATION I,STEPHEN C. BERA1lA,Assistant Secretary of Great American Insurance Company,do llc.rc:by cei-I that the foregoing Posner ol'ALlornev and the Resolutions othe Board of Directors ol-Rine 9,2005 have not been revoked and are now in full force and effect. ~ {Lf Signed and sealed this (� day of V CIS ffs.lug !J } E �., Asy'slaw Secrolan, S 102SAF(06/15) 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Addendum No. 1 06/12/2019 15:57:18 PM Addendum No. 2 06/12/2019 15:57:20 PM 18148A and 18149A Addendum 3 06/12/201915:57:21 PM 18148A& 18149A Corpus Christi International Airport Rehabilitate Terminal ... Report Created On:6/12/19 7:46:57 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs 18148A&18149A Specifications 6/10/19 5:38:45 PM Plans 18148A&18149A Plans 6/10/19 5:37:17 PM Other 18148A&18149A Bidders Worksheet 6/10/19 5:36:57 PM Addenda Addendum No. 1 5/22/19 3:34:37 PM Addenda Addendum No. 2 5/23/19 2:04:46 PM Addenda 18148A and 18149A Addendum 3 5/24/19 4:11:40 PM Bidders Pre Bid Attendance Roster 5/16/19 10:19:43 AM 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 19, 2019, is between the City of Corpus Christi (Owner) and Airfield Contracting, a Joint Venture between Head, Inc. and Jackson Construction Services, LLC (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 III and East GA Apron Phase IV Protect Nos. 18148A and 18149A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver Attn: Derek Mayo, PE, PMP 3755 S. Capital of Texas Highway Austin,TX 78704 DWMayo@GarverUSA.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg. 5 Corpus Christi, TX 78413 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 300 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. Agreement 005223- 1 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,200.00 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 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Plus Add. Alts.#1 and#2: $ 6,884,574.42 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223- 2 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. For FAA funded projects,the retainage is 10 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 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 III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR— Contract Documents must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, documents must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. ASSISTANT CITY MANAGER; Agreement 005223-5 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 D. CITY SECRETARY for the City. [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI �E o9aY519n�eyRebeC—C,ly f Mark Van Vleck Digitally signed by Mark Van Vleck DN.cn=Rebecca Huerla,o�ny of Corpus Clirisli.ou�ity seveary,amam�oa n@tea as._-us Date:2019.12.09 07:29:47-06'00' Date.2919.12.11 10.29 49-0600' Rebecca Huerta Mark Van Vleck City Secretary Assistant City Manager Ord. 031931 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 11-19-2019 Digitally signed by Kent Mcllyar DN:cn=KentMcllyar,o,ou, Digitally signed by RH/AB email=kentmc@c exas.comRH AB, us 1 `1 1 v Date:2019.12.09 12:09:57-06'00' Date:2019.12.06 15:50:27-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Airfield Contracting,a Joint Venture between Head, Inc. and Jackson Construction Services, LLC Digitally signed by Paul A.Ondera (Seal Below) By: Paul A. ndera Date:2019.12.0311:31:35-05'00' Note: Attach copy of authorization to sign if Title: Vice President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4477 East Fifth Avenue Financial Officer Address Columbus, OH 43219 City State Zip 614/338-8501 614-338-8514 Phone Fax paul@headinc.com EMail END OF SECTION Agreement 005223-7 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV—Proj Nos. 18148A/18149A Rev 10/2018 00 6113 PERFORMANCE BOND 342 25 48 BOND NO. Contractor as Principal Name: Airfield Contracting, Joint Venture between Head, Inc and Jackson Construction Services, LLC Mailing address (principal place of business): 4477 East Fifth Avenue Columbus, OH 43219 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project Nos. 18148A/ 18149A Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Award Date of the Contract: November 19, 2019 Contract Price: $6,884,574.42 Bond Date of Bond: 12/2/2019 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Great American Insurance Company Great American Insurance Company of New York Mailing address (principal place of business): 301 E. Fourth Street Cincinnati, Ohio 45202-4201 Physical address (principal place of business): 301 E. Fourth Street Cincinnati, Ohio 45202-4201 Surety is a corporation organized and existing under the laws of the state of: Ohio 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): 513-412-9176 Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Franchise Insurance Agency, Inc. Address: 4942 Reed Road, Columbus, Ohio 43220 Telephone: 614-545-1532 Email Address: brad-stammler@leavitt.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 61 13 -1 18148A/18149A CCIA Rehabilitate Terminal Apron Ph III/ East GA Apron PH IV 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri -. Surety Signature: /-. " Signature: %,� erl � Name: Paul A OndPra Name: Bradley Stammler Title: Nice President Title: Attorney-in-fact Email Address: paul@dheadinc com Email Address: brad-stammlergleavitt.com (Attach Power of Attorney and place surety Vi seal below) • o * i\; O q C./dY}1� END OF SECTION Performance Bond 18148A/18149A CCIA Rehabilitate Terminal Apron Ph III/ East GA Apron PH IV o 006113-2 7-8-2014 r f'.1r1/ i • r a , w �V �'����\J `rte• \ � - a: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET ® CINCINNATI, OHIO 45202 ° 513-369-5000 ° FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No.0 20713 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, acorporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name BRADLEY STAMMLER BEVERLY M. LODI Address Limit of Power BOTH OF BOTH COLUMBUS, OHIO $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29TH day of SEPTEMBER 2015 Attest GREAT AMERICAN INSURANCE COMPANY e. 4,,,de ALE, Assistant Secretary Divisional Senior Vire President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (871-377.2405) On this 29TH day of SEPTEMBER , 2015 , before me personally appeared DAVID C. KiTCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SusanA Kohorst Molar/Pl161c, Stade of Ohio My Goamissbi Eq:es O5142O20 2Locr-adihzebe This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Compatry, as surety any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretafy or Assistant Secretary of the Company may be affixed by facsimile 10 any power of attorney or certificate of either given for the execution of any bond undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors ofiune 9, 2008 have ma been revoked and are now in full force and effect. Signed and sealed this Grub{ �:• day 9.1:,.. .) c Cie =w...:::: S1029AF (36/15) i✓e.t-' mss_ tut► L ,Qco . • Assistant Secretary 3 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 20713 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRADLEY STAMMLER BOTH OF BOTH BEVERLY M. LODI COLUMBUS, OHIO 5100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of OCTOBER , 2017 , Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK (_. es, 3 X44.4*., LAssistant Secretary 1Jiti.viar+al Senior lice President DAVID C. KITCHIN (877-377-2405) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 20TH day of OCTOBER , 2017 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A. Kdlorst Notary Pubac, Stabs ofOhi3 My Convolute 6q:kes 05.18-2020 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this :21'4day_of h�� -i �tiL Ldp ,;ttt i • feCtnIVE SEAL }+i e Assistant Secretary 00 6116 PAYMENT BOND 342 25 48 BOND NO. Contractor as Principal Name: Airfield Contracting, Joint Venture between Head, Inc and Jackson Construction Services, LLC Mailing address (principal place of business): 4477 East Fifth Avenue Columbus, OH 43219 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Proiect Nos. 18148A/ 18149A Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Award Date of the Contract: November 19, 2019 Contract Price: 56,884,574.42 Bond Date of Bond: 12/2/2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Great American Insurance Company Great American Insurance Company of New York Mailing address (principal place of business): 301 E. Fourth Street Cincinnati, OH 45202-4201 Physical address (principal place of business): 301 E. Fourth Street Cincinnati, OH 45202-4201 Surety is a corporation organized and existing under the laws of the state of: Ohio 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): 513-412-9176 Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Franchise Insurance Agency, Inc Address: 4942 Reed Road, Columbus, OH 43220 Telephone: 614-545-1532 Email Address: brad-stammler@leavitt.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 6116 -1 18148A/18149A CCIA Rehabilitate Terminal Apron Ph III/ East GA Apron Ph IV 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 Lf. it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal acp . Contractor as P Signature:,�P!f ' i ' • a Surety Signat e: `� �� / :. �L,C _,,,,,.4.A.,..2: Name: Paul A. Ondera Name\ Bradley Stam r er Title: Vi cp. PrpsidPnt Title: Attorney -in -Fact Email Address: pni 11 @heth nn _ n.nm Email Address: brad-stammler@leavitt.com (Attach Power of Attorney and place surety seal below) , . .• r -;c4 C�. k.it:iliyn p• • J!:\y,Nti:moi: ft,ivp, l ti 1r � 1Y_' i END OF SECTION Payment Bond Form 18148A/18149A CCIA Rehabilitate Terminal Apron Ph III/ East GA Apron Ph IV 006116-2 7-8-2014 •• • t 3,- • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No.0 20713 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name BRADLEY STAMMLER BEVERLY M. LODI Address Limit of Power BOTH OF BOTH COLUMBUS, OHIO $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29TH day of SEPTEMBER 2015 . Attest GREAT AMERICAN INSURANCE COMPANY e. 4,hide Assistant Secretary. Divisional Senior iice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITGHw (B77-377-2405) On this 29TH day of SEPTEMBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A. Kohorst Notary Pubiic, Sisk cfOhio My Conwission Egkes 05.152020 ,S,o, This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, w appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretory of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Conrpary, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this s1029AF (06/15) i, tTir , 3z-ei e. Assistant Secretary, 3 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 20713 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRADLEY STAMMLER BOTH OF BOTH BEVERLY M. LODI COLUMBUS, OHIO $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of OCTOBER , 2017 . Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK it SEAL ;IA mkt/II Secretary e. Zwdeli-kk, /))11, ural Senior I ire /resident DAVID C. KITCHIN (877-377-2405) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 20TH day of OCTOBER 2017 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A. Kahaat Notary Pubic, StMs of Oho My oanniadon Evies 05-18,2020 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this :,L iday of (a.._('‘ c)L. coat !'f-)1 SEAL ,z Ltr S1185L (06/15) , adi . Les a Assistant Secretary 12/5/2019 Leavitt Group Midwest: Smith, Molino & Sichko Franchise Insurance Agency Inc 4942 Reed Rd Columbus OH 43220 Bev Lodi (614)545-1663 (855)720-4940 bev-Lodi leavitt.com Airfield Contracting, a Joint Venture between Head, Inc. and Jackson Construction Services, LLC 4477 E Fifth Avenue Columbus OH 43219-1817 Zurich American Insurance Company 16535 American Zurich Insurance Company 40142 Endurance American Insurance Company 19/20 AC -Corpus Christi A X X X X Y GLO 0285094-03 10/1/2019 10/1/2020 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 A X X X X Y BAP 0285095-03 10/1/2019 10/1/2020 1,000,000 c X X X Y EXC30001393100 11/25/2019 10/1/2020 1,000,000 1,000,000 B WC 0285093-03 10/1/2019 10/1/2020 Includes Ohio Stop Gap X X 1,000,000 1,000,000 1,000,000 Owners Protective OCP 0304389 11/25/2019 11/25/2020 Per Occurrence $1,000,000 A Aggregate $2,000,000 RE: CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV – Proj No. 18148A / 18149A City of Corpus Christi, Texas Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Brad Stammler/BELODI Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Certificate holder is added as an additional insured as required by written contract per the policy terms. Waiver of Subrogation applies. Coverage is primary for all claims covered by the policies, including those arising from both ongoing and completed operations. 30 day Notice of cancellation or any material change applies. COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK U-GL-107-A CW (10/16 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. Effective Date: This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule m ay be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. Amended General Liability Supplemental Coverage Endorsement UGL 1114A CW Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II – Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or c. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II – Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. UGL 1114A CW Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. 2. The last paragraph of Section II – Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status – Employees Paragraph 2.a.(1) of Section II – Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co-"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds – Lessees of Premises 1. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. UGL 1114A CW Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph D.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured – Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products-completed operations hazard": Section II – Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. UGL 1114A CW Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured – Managers, Lessors or Governmental Entity 1. Section II – Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an insured under Paragraph 3. of Section II – Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: UGL 1114A CW Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  a. Required by the written contract or written agreement referenced in Subparagraph F.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III – Limits Of Insurance. 2. Paragraph 6. of Section III – Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. I. Definition – Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: a. Fire; b. Lightning; UGL 1114A CW Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  c. Explosion; d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage – Personal and Advertising Injury 1. Exclusion e. of Section I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I – Supplementary Payments – Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I – Supplementary Payments – Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I – Coverage B – Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments – Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: UGL 1114A CW Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short-Term The paragraph directly following Paragraph (6) in Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III – Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III – Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. b. The following is added to Section III – Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". M. Definitions – Bodily Injury The "bodily injury” definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease. N. Insured Status – Amateur Athletic Participants Section II – Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodily injury" to: (1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", "volunteer worker" or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). UGL 1114A CW Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  O. Non-Owned Aircraft, Auto and Watercraft Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". P. Definitions – Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. "Temporary worker" does not include a "leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or c. Temporary help service. Q. Definition – Mobile Equipment Paragraph f. of the "mobile equipment" definition under the Definitions Section is replaced by the following: f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. UGL 1114A CW Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. R. Definitions – Your Product and Your Work The "your product" and "your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. S. Priority Condition The following paragraph is added to Section III – Limits Of Insurance: In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other insured in any order that we choose. UGL 1114A CW Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  T. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II – Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV – Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. UGL 1114A CW Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. INTERNAL USE ONLY  (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. V. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV – Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. W. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. X. Liberalization Condition The following condition is added to Section IV – Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. Coverage Extension Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also 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. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the 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. U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW (04/14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: W e will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage – Comprehensive Coverage – Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos – Physical Damage 1. The following is added to Section I – Covered Autos: Temporary Substitute Autos – Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following typ es of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos – Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos – Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto – World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 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 Causes 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 expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04/14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-103-A CW (10/16) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. Effective Date: This endorsement modifies insurance provided under the: Auto Dealers Coverage Form Business Auto Coverage Form Motor Carrier Coverage Form A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us ; and 4. Must be accurate. Such Schedule m ay be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2., 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement . E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. Additional Insured – Automatic – Owners, Lessees Or Contractors U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement . Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured alle ge negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others b y that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged.