HomeMy WebLinkAbout064158 - Construction-Related - Contract - SpawGlass Contractors, Inc.Design-Build SOQ Page 1 of 31
Meachem Airport Field Maintenance Project
DESIGN-BUILD AGREEMENT
BETWEEN CITY OF FORT WORTH AND DESIGN-BUILDER
ON OPEN BOOK PRICE BASIS
This Agreement is made effective as of the date signed by the Assistant City Manager below
between the Design-Builder:
SpawGlass Contractors, Inc.
100 Magnolia Avenue
Fort Worth, TX 76104
and the Owner:
CITY OF FORT WORTH
100 Fort Worth Trail
Fort Worth, TX 76102
For the services in connection with the following Project:
Design and Construction/Renovation of the City of Fort Worth Meacham Airport Field
Maintenance Facility Project.
ARTICLE 1 - GENERAL PROVISIONS
1.1 Mutual Obligations. Design-Builder and Owner agree to fully cooperate with each other
in providing to each other information available and in facilitating the Design and Construction
Work within the scope of this Agreement. Design-Builder agrees to provide the architectural and
engineering services as set forth below, and to furnish construction and administration of the
Construction Work.
1.2 Extent of Agreement. This agreement is solely and exclusively for the benefit of the
Owner and the Design-Builder and not for the benefit of any third party. The Owner and the
Design-Builder agree that there are no third-party beneficiaries, and each agrees that the
obligations in this Agreement are owed exclusively to the other party to the Agreement. The
Parties agree that this Agreement represents the entire and integrated Agreement between the
Owner and the Design-Builder, and supersedes all prior negotiations, representations or
agreements, either written or oral.
1.3 Architect/Engineer. The firm or firms named herein retained by the Design-Builder to
provide architectural or engineering services are Schwarz-Hanson Architect. The Architect shall
prepare a written Basis of Design to be reviewed and approved by the Owner. This Basis of
Design shall be used to outline the key principles, assumptions, and criteria used in the design
process of the project. The Basis of Design will serve as a record of design decisions and
ject requirements.
1.4 Definitions
1.4.1 The term shall mean this executed Standard Form of Design-Build
Agreement between the Owner and the Design-Builder on Open Book Price Basis.
1.4.2 The term shall mean Licensed, independent design
professionals engaged by the Design-Builder in conformance with Chapter 2254, Texas
Design-Build SOQ Page 2 of 31
Meachem Airport Field Maintenance Project
Government Code or furnished by licensed employees of the Design-Builder to provide
architectural and engineering services required for the project.
1.4.3 The term shall mean (i) this Agreement; (ii) written
change orders and amendments to this Agreement, including exhibits and appendices signed by
both the Owner and the Design-Builder; (iii) the Design Criteria Documents as defined in
paragraph 1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v)
the Schematic Design Documents as defined in paragraph 1.4.19 and (vi) the Open Book Price
Proposal as defined in paragraph 5.2.1.
1.4.4 The term shall mean the number of calendar days stated in the
Price Proposal (as provided in paragraph 5.2.1) during which the Design-Builder has agreed to
achieve Substantial Completion of the Construction Work.
1.4.5 The term shall mean the cost of the design and construction
proposed at the time of execution of this contract.
1.4.6 The term shall have the meaning defined in paragraph 5.1
1.4.7 shall be the total cost of the design and
construction of the project established at or before the time the construction is authorized. The
Owner shall not be obligated to any costs in excess of the GMP. Design Services within the GMP
will be a lump sum line item.
1.4.8 shall mean the budget submitted by the Contractor
for the estimated cost to construct the project as of the date of the budget submission throughout
all phases of the Design.
1.4.8 The term shall mean the drawings, specifications
and other documents prepared by the Architect/Engineer and reviewed by the Owner for
the construction of the Project.
1.4.9 The term shall mean all of Design-Builder's construction
services required by the Contract Documents.
1.4.10 The term shall have the meaning defined in paragraph
5.2.3, or 5.2.4.1, as applicable. The Owner will promptly obtain all easements, zoning changes,
approvals, and other legal requirements to allow construction to proceed without delay.
1.4.11 The term or shall mean calendar days unless otherwise specifically
noted in the Contract Documents.
1.4.12 The term shall mean any portion of the Construction Work not
in conformance with the Construction Documents.
1.4.13 This section is intentionally left blank.
1.4.14 The term shall mean the engineering or architectural
firm(s) employed by the Design-Builder to perform design or consulting work for the Project site,
and the building improvements. Such Design Consultants services may include civil engineering
for utilities, storm drainage, and pavement; geotechnical engineering; landscape architecture;
environmental engineering or consulting; and surveying and construction staking for site work.
Design Consultants for the building design may include electrical, structural, mechanical,
plumbing, architectural, ADA/TSA and other specialty design areas.
Design-Build SOQ Page 3 of 31
Meachem Airport Field Maintenance Project
1.4.15 The term shall mean concealed or latent physical
conditions, or subsurface conditions, at the Project site that (i) materially differ from the conditions
indicated in the Design Documents as agreed upon by Owner and Design-Builder or (ii) are of an
unusual nature, differing materially from the conditions ordinarily encountered and generally
recognized as inherent in construction work.
1.4.16 The term shall mean any materials, waste, substances,
and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws,
codes, ordinances, rules, regulations, orders and decrees of any governmental entity having
jurisdiction over the Project or the Project site.
1.4.17 The term shall mean any other independent contractor,
agent or representative employed by the Owner at the Project site who is not employed by the
Design-Builder, or its subcontractors.
1.4.18 The term is the building, facility, or other improvements at the location
provided by the Owner, which the Design-Builder has agreed to complete pursuant to the
requirements of the Construction Design Documents.
1.4.19 The term shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the Project's elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design-Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with a Conceptual Budget Update.
1.4.20 The term shall mean any party or entity retained by the
Design-Builder as an independent contractor to provide any of the labor, materials, equipment,
and/or services necessary to complete a specific portion of the Construction Work under this
Agreement. The term Subcontractor does not include an architect, engineer, other design
consultants, if any, or any Other Contractors retained by the Owner with the Conceptual Budget
Update.
1.4.21 The term shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner
can beneficially occupy or use the Project, or portion thereof, for its intended purposes. The
issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the
certificate of occupancy cannot be obtained due to factors beyond the Design-Builder's control.
The Design-Builder and the Owner agree to sign a certificate of Substantial Completion confirming
the date of Substantial Completion.
1.4.22 The term shall mean all drawings, specifications, and other
design documents, including those in electronic format prepared by or procured by the Design-
Builder in performance of this Agreement.
1.4.23 The term shall refer to the price of subcontracts and
purchases, the site expenses for superintendence and professional services directly supporting
the construction effort plus agreed overhead and profit.
ARTICLE 2 - DESIGN-BUILDER'S SERVICES AND RESPONSIBILITIES
2. Design Services.
2.1 Schematic Design. The Design-Builder shall prepare a schematic design sufficient
Design-Build SOQ Page 4 of 31
Meachem Airport Field Maintenance Project
in detail and scope to clearly identify all major features of the project, prepare a preliminary project
schedule, and present a Conceptual Budget Update. The Owner shall accept, in writing, the
Schematic Design prior to detailed design and execution of the construction.
2.2 Final Design. Pursuant to a mutually agreeable schedule, the Design-Builder shall
submit for the Owner's approval Construction Documents that meet the requirements of the
Schematic Design Documents, and any change orders executed by both the Owner and the
Design-Builder after the date of this Agreement and prior to the submission of the Construction
Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the
requirements for the Construction Work, and shall be based upon codes, laws or regulations
effective on the date of this Agreement. If any codes, laws, or regulations are changed or are
enacted after the date of this Agreement affecting the performance of the Construction Work,
the Contract Price and the Contract Time shall be equitably adjusted to compensate the Design-
Builder for the changes. When the Design-Builder submits the Construction Documents to the
Owner, the Design-Builder shall identify in writing all material changes and deviations from the
requirements of the Schematic Design Documents. Material changes, if any, between the
Construction Documents and the Schematic Design Documents necessitated by changes in
codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2
equitably adjusting the Contract Price and/or the Contract Time. An electronic copy and two (2)
half size sets of the Construction Documents shall be furnished to the Owner prior to the date of
Notice to Proceed shall not be issued without bonds in place.
2.4 Construction Services.
2.4.1 The Design-Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design-
Builder and its Subcontractors shall provide all necessary construction labor, materials, tools,
equipment, as well as all construction supervision, inspection, and temporary utilities as required
to complete construction required by the Construction Documents.
2.4.2 The Design-Builder shall perform all Construction Work in accordance with the
requirements of the Construction Documents. Design-Builder shall at all times exercise complete
and exclusive control over the construction means, methods, sequences, and techniques. The
Design-Builder shall be responsible for the proper performance of the work, including all work
performed by its Subcontractors, and any acts and omissions in connection with such
performance.
2.4.3 The Design-Builder shall keep the Project site reasonably free from debris, trash,
and construction waste to permit Design-Builder to perform the Construction Work efficiently,
safely, and without interference in the use of adjacent properties. Upon Substantial Completion
of the Project, the Design-Builder shall remove all debris, trash, construction waste, materials,
equipment, machinery, and tools arising from the Construction Work, to permit Owner to occupy
the Project for its intended use. Upon completion of the Project, Contractor shall complete the
removal of all debris, trash, construction waste, materials, equipment, machinery, and tools
arising from the Construction Work prior to final payment being due.
2.5 Safety of Persons and Property. The Design-Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction Work
at the Project site, as well as the safety of all persons and property which could be injured during
the prosecution of any subcontract work. The provisions of this Agreement shall not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
Design-Build SOQ Page 5 of 31
Meachem Airport Field Maintenance Project
subcontract work, nor for compliance with the applicable laws and regulations. The Design-
Builder shall be responsible for the safety of all employees and workmen directly employed by
the Design-Builder at the Project site.
2.5.1 Safety Representative. The Design-Builder shall designate an individual at the
Project site in the employment of the Design-Builder who shall act as the Design-Builder's
designated safety representative. Unless otherwise identified by the Design-Builder in writing to
the Owner, the designated safety representative shall be the Design-Builder's project
superintendent. The Design-Builder will promptly report to the Owner in writing all accidents and
injuries occurring on the Project site. When the Design-Builder is required to file an accident
report with a public authority, the Design-Builder shall furnish a copy of the report to the Owner.
The Design-Builder and its Subcontractors shall comply with all legal requirements relating to the
safety, as well as any of Owner's specific safety requirements if specified in the Contract
Documents.
2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design-Builder, whether in hard copy
or in electronic form, are instruments of service for this Project, whether the Project is completed
or not.
Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner
of any such instruments of service without the written permission of the Design-Builder will be at
the Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications
and documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design-Builder or procured by qualified, independent licensed design consultants shall prepare
the Construction Documents. The standard of care for all design professional services performed
under this Agreement shall be the care and skill ordinarily used by members of the architectural
and engineering professions practicing under similar conditions at the same time and locality as
the Project. This Agreement does not establish or create any legal or contractual obligations
between the Owner and the design professionals employed by the Design-Builder, and the design
professionals shall not be deemed to be a third-party beneficiary under this Agreement. The
design professionals shall be selected based upon demonstrated competence and qualifications
in accord with Section 2254.004, Texas Government Code.
2.5.4 Hazardous Materials. The Design-Builder shall not be obligated to
commence or continue the Construction Work until all known or suspected Hazardous Material
discovered at the Project site not introduced onto the Project site by the Design-Builder have been
removed or rendered harmless by the Owner, as certified by an independent testing laboratory
and approved by the appropriate government agency.
2.5.4.1 The Design-Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of
the Construction Work known or suspected Hazardous Materials are discovered at the Project,
the Design-Builder shall be entitled to immediately stop Construction Work in the affected area,
unless such Hazardous Materials are introduced onto the Project site by the Design-Builder. The
Design-Builder shall report the condition to the Owner, and, if required, the governmental agency
having jurisdiction. If the Design-Builder incurs additional costs and/or is delayed due to the
presence or remediation of Hazardous Material, the Design-Builder shall be entitled to an
equitable adjustment in the Contract Price and/or the Contract Time, unless such Hazardous
Materials are introduced onto the Project site by the Design-Builder. The Design-Builder shall not
be required to perform any Construction Work related to or in the area of Hazardous Material not
introduced into the Project site by the Design-Builder and/or Owner unless a written agreement
Design-Build SOQ Page 6 of 31
Meachem Airport Field Maintenance Project
is entered into between the Design-Builder and the Owner to provide for extra cost, if any, extra
time, if any, and additional risk incurred by the Design-Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not
introduced by the Design-Builder, the Owner shall be responsible for retaining an independent
testing laboratory to determine the nature of the material encountered and whether it is a
Hazardous Material requiring corrective measures and/or remedial action, otherwise the Design-
Builder shall be responsible for such testing. Such measures shall be the sole responsibility of
the Owner and shall be performed in a manner minimizing any adverse effect upon the
Construction Work of the Design-Builder, unless such Hazardous Materials are introduced onto
the Project site by the Design-Builder. The Design-Builder shall resume the Construction Work in
the area affected by any Hazardous Material only after written agreement between the Owner
and the Design-Builder has been executed, after the Hazardous Material has been removed or
rendered harmless, and after approval of the governmental agency or agencies with jurisdiction,
if required.
2.5.4.3
or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design-Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses incurred
by the Owner arising out of or related to the performance of the construction work in the area
affected by the Hazardous Material existing at the Project site prior to commencement of the
Project; (2) release the Design-Builder from any indemnification obligations in this Agreement as
it relates to Hazardous Materials only; (3) extend the Contract Time by the actual number of days
that the Design-Builder is delayed in the completion of the Contract Work arising out of or related
to the identification, testing, and abatement of the Hazardous Material existing at the Project site
prior to commencement of performance; (4) execute a Change Order increasing the Contract
Price by any costs or losses incurred by Design-Builder which arise out of the testing or abatement
of the Hazardous Material existing at the Project site prior to commencement of performance, or
relate to the performance of Construction Work in the area affected by the Hazardous Material
prior to the Design-
to commencement of performance.
2.5.4.4 During performance of the Construction Work, the Design-Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design-
Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the
Design-Builder shall continue to be responsible for materials and substances brought to the
Project site, if such materials or substances are required by the Construction Documents.
2.5.4.5 If Hazardous Materials are encountered as a result of the Design-Builder or its
Subcontractors' importation of such materials onto the Project site, the Design-Builder shall
defend, indemnify and hold harmless the Owner, its officers, directors, and employees from and
against any and all claims, damages, losses, costs and expenses, including but not limited to
Hazardous Materials This indemnification shall apply without regard to the fault, negligence,
breach of warranty or contract, or strict liability of the Owner and shall indemnify the
indemnities for their own fault or negligence.
2.6 Design-Builder's Warranty. Design-Builder warrants to Owner that all materials and
equipment furnished under this Agreement will be new, unless otherwise specified. The
Design-Builder also warrants to the Owner that all materials and equipment furnished under this
Agreement will be in conformance with the Construction Documents. Design-Builder's warranty
obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction
Work by persons other than the Design-Builder. The Design-Builder agrees to correct all
Design-Build SOQ Page 7 of 31
Meachem Airport Field Maintenance Project
Defective Work for which the Owner provides notice to the Design-Builder within a period of
One Year from the date of Substantial Completion. The Design-Builder shall collect written
warranties as defined in the contract documents from manufacturers, as well as all equipment
manuals, and deliver them to the Owner for the Owner's use. To the extent that products,
equipment, systems or materials incorporated into the Construction Work are covered by a
warranty from the manufacturer of such products, equipment, systems or material in excess of
one year, the Owner's remedy to correct the defective products, equipment, systems, or
materials after the one-year period shall be exclusively against the warranty of the
manufacturer. Prior to the expiration of the one-year warranty there will be a walk through
attended by the Owner, Architect, and Contractor to identify any items that need to be
addressed. This walk through shall be scheduled no later than 30 days prior to the one-year
warranty period end date. These items will be agreed upon by all parties and the contractor will
complete the work within 30 days.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Design-Builder.
3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate with
Design-Builder and perform its responsibilities, obligations and services in a timely manner to
facilitate Design-on Work and so as
not to delay or interfere with Design-
Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable
assistance to the Design-Builder in obtaining the permits, approvals, and licenses that are the
responsibility of the Design-Builder.
3.1.2 Owner shall provide reviews and approvals of interim design submissions, Schematic
practices and within the negotiated times set forth in Design- as agreed upon
by Owner and Design-Builder.
3.2 Information and Services Provided by Owner.
3.2.1 The Owner shall provide full information in a timely manner regarding requirements
for the Project including all information contained in the Design Criteria Documents.
3.2.2 Owner will assist with securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design-Builder
to perform the Work.
3.3 Approval of Construction Documents.
Conceptual Budget Update, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Construction Documents provided to the Owner by the Design-Builder.
Upon the Owner's approval, the Construction Documents shall be part of the Contract Documents
and shall constitute the scope of the design and construction services to be performed by Design-
Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate
with Design-Builder to assure that the Construction Work is timely and efficiently performed
without delay or interference to the services provided by Design-Builder. The Owner shall assign
Ronald Clements, Project manager, as the Owner representative who shall be fully acquainted
with the Project and who shall have authority to bind the Owner in all matters requiring the Owner's
Design-Build SOQ Page 8 of 31
Meachem Airport Field Maintenance Project
approval, authorization, or written notice. If the Owner changes its representative or the
representative's authority as listed above, the Owner shall notify the Design-Builder in writing in
advance of such change.
3.4.2 Owner is responsible for all work performed on the Project or at the location of the
Project by other contractors under separate contracts with the Owner. Owner shall contractually
require its separate contractors to cooperate with and coordinate their activities with Design-
Builder, so as not to interfere with Design-Builder in performance of this Agreement.
3.4.3 Owner shall contract for, independently of the Design-Builder, the inspection
services, the testing of construction materials, and the verification testing services necessary for
acceptance of the Project.
3.4.4 Any change order or cumulative change orders in an amount greater than
$100,000 requires the prior approval of the City Council of the City of Fort Worth.
ARTICLE 4 - CONTRACT TIME
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract Time
as specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless
causes beyond the Design-Builder's control delay final completion, the Design-Builder shall
achieve final completion of the Construction Work, including all punch list work, within sixty (60)
days from the date of Substantial Completion.
4.2 Extensions of Time.
4.2.1 If causes beyond the Design-Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be extended
as appropriate. Such causes shall include but not be limited to: changes ordered in the
Construction Work by the Owner, negligent acts or omissions of the Owner or Other Contractors,
the Owner's interference in the Design-Builder's performance of Construction Work, the presence
of Hazardous Materials at the Project site, the presence of Differing Site Conditions, adverse
weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes
impacting the Project, actions by governmental agencies, and/or unavoidable accidents or
circumstances. Causes beyond the control of the Design-Builder do not include negligent acts or
omissions on the part of the Design-Builder, Subcontractors, or the Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the Owner
and the Design-Builder agree to undertake reasonable efforts to mitigate the effects of such
delays.
4.3 Liquidated Damages. The parties agree and acknowledge that actual damages are
uncertain and difficult to ascertain because the Project relates to construction for a municipality.
Normal damages of lost rent or profit are not applicable in this circumstance because the City is
a municipality and the Project will not receive rent and the City will not have lost profits. Therefore,
damage is too difficult to ascertain that the liquidated
damages stated below are reasonable and a correct representation of actual damages to the City.
The parties also agree that the liquidated damages called for in this contract are not a penalty but
an agreed upon damages calculation by two sophisticated parties. Liquidated Damages shall be
limited to 3 years (1,095 days). The deduction for liquidated damages shall be as follows:
Design-Build SOQ Page 9 of 31
Meachem Airport Field Maintenance Project
Amount of Contract Liquidated Damages per Day
$2,000,001 to $5,000,000 $630
$5,000,001 to $10,000,000 $840
Over $10,000,000 $980
ARTICLE 5 - CONTRACT PRICE
5.1 Contract Price. Owner shall pay Design-Builder, in accordance with Article 6 hereof, total
compensation ("Contract Price") not to exceed the Guaranteed Maximum Price.
5.2 Contract Cost.
5.2.1 . The Design-Builder shall
submit a Budget Update to the Owner for each phase working toward a GMP. The GMP shall be
the cost of Design Services, in the amount of Five Hundred and Forty-Five Thousand and Fifty
Five Dollars ($545,055.00), and Construction as defined in Article 1.4.7 plus the Design-
fee of 5% which shall not exceed the Guaranteed Maximum Price set forth in the GMP
Amendment. No adjustments in Design-fee shall be made for deductive changes. A
All
unspent contingencies belong to the City at the completion of the project.
5.2.1.2 The construction Documents shall be the basis for the procurement and trade bids.
The Construction Documents, in conjunction with the trade bids, shall be the basis for the
Guaranteed Maximum Price and Final Schedule.
5.2.1.3 A list of the assumptions and clarifications made by Design-Builder in establishing
the GMP, which list is intended to supplement the information contained in the Construction
Design Documents.
5.2.1.4 The Contract Time upon which the proposed GMP is based;
5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP
Proposal, Design-Builder and Owner shall meet to discuss and review the Design Documents
and the Price Proposal. If Owner has any comments regarding the GMP Proposal or finds any
inconsistencies or inaccuracies in the information presented, the Owner shall promptly give
written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder
shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
5.2.3 Acceptance of Price Proposal. If Owner accepts the GMP Proposal, the GMP
Proposal and all documents submitted with the GMP Proposal shall amend and become a part of
this Agreement. The Date of Commencement shall be ten (10) business days after Design-
cceptance of the GMP Proposal. Design-Builder will proceed with
completion of design and ordering of long lead-time materials required for the Project.
5.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal or fails
to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it
accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such
Design-Build SOQ Page 10 of 31
Meachem Airport Field Maintenance Project
event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with
Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design-
such modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design-Builder in accordance
with Design Services as detailed in the approved Schedule of Values (SOV), such payment being
the total compensation Design-Builder will be entitled to for any and all work performed prior to
the date of such termination.
5.3 Adjustments to Price The GMP Price shall be equitably adjusted to provide for changes
in the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts or
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design-
Builder;
5.3.4
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the
Design-Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction Work,
the Design-Builder shall provide the Owner with a schedule of values consisting of a breakdown
of the Open Book Price with separate line items for the major elements of the Construction Work
included in the Lump Sum Price.
6.1.2 If the Owner disagrees with the values utilized by the Design-Builder in the
schedule of values, the Owner shall provide the Design-Builder a written objection to the schedule
of values within seven (7) days after the Owner's receipt of the schedule of values, specifically
stating the items with which the Owner objects, the basis for such objection, and the adjustment
in the schedule of values which would be satisfactory to the Owner. In the event of objection by
the Owner, the Design-Builder and the Owner shall negotiate in good faith to resolve any such
objection before commencement of the Construction Work. The Design-Builder shall not be
required to commence the Construction Work until all such objections are resolved. If any such
delays in the commencement of the Construction Work are encountered, the Design-Builder shall
be entitled to an adjustment of the Contract Time.
6.2 Monthly Progress Payments.
6.2.1 On the first day of each month after the Date of Commencement, the Design-
Design-Build SOQ Page 11 of 31
Meachem Airport Field Maintenance Project
Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the Project
site (or at other locations approved in writing by the Owner). Approval of payment applications
for such stored materials shall be conditioned upon submission by the Design-Builder of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such
materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design-Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of
an application for payment shall only be based on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt of each monthly application for payment, the Owner shall pay directly
to the Design-Builder, the amount for which the application for payment is made, less any amount
previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific portion of the items
in the schedule of values rejected or adjusted and the Owner's basis for such rejection or
adjustment. If the Owner and Design-Builder cannot agree on a revised amount, the Owner shall
pay directly to the Design-Builder the amount of those items not rejected and the uncontested
amount of items adjusted, less amounts previously paid by the Owner. The items rejected or
adjusted by the Owner shall be due and payable when the reasons for the Owner's rejection or
adjustment have been removed or cured.
6.2.3 Justification for Owner's Adjustment. For the following reasons, the Owner
may reject or adjust an application for payment submitted by the Design-Builder to the extent
necessary to protect the Owner from loss or damage for which Design-Builder is responsible
under this Agreement:
6.2.3.1 The Design-Builder repeatedly fails to perform the Construction Work as required
by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and
caused by the Design-Builder, but only to the extent that such loss or damage is not covered by
insurance provided by Design-Builder or by Owner pursuant to the terms of this Agreement;
6.2.3.3 The Owner receives notice that the Design-Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design-Builder for such
Construction Work;
6.2.3.4 The Design-Builder fails to correct Defective Work in a timely manner as provided
in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
complete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment has
been removed, the Owner will make payment within thirty (30) days to the Design-Builder for the
amounts previously withheld.
6.2.4 Retainage Before Substantial Completion. From each progress payment made
prior to the time of Substantial Completion of the Construction Work, the Owner may retain five
percent (5%) of the amount otherwise due under this Agreement.
6.2.4.1 Phased Release of Retainage. The Design-Builder may request release of
Design-Build SOQ Page 12 of 31
Meachem Airport Field Maintenance Project
retainage on portions of the work completed early with Owner approval.
6.2.5 Retainage After Substantial Completion . Upon Substantial Completion of the
Construction Work, the Owner shall pay the Design-Builder the unpaid balance of the Contract
Price, less a sum equal to 150% of the Owner's estimated cost of completing any unfinished
items, as agreed to between the Owner and the Design-Builder. The Owner thereafter shall pay
the Design-Builder monthly the amount retained for unfinished items as each item is completed.
6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design-Builder at the time
payment of any amount becomes due, and such amount remains unpaid for a period of thirty (30)
days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the
Design-Builder of the Design-Builder's intention to cease work on the Project, the Design-Builder
may stop all work on the Project until full payment of the amount owing has been received by the
Design-Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination
from the Design-Builder, the Design-Builder may terminate this Agreement. Payments due but
unpaid pursuant to this Agreement shall bear interest at the rate set forth for past due construction
payments in Chapter 2251 of the Texas Government Code.
6.2.7 Warranty of Clear Title. The Design-Builder warrants and guarantees that title to
all work, materials, and equipment covered by an application for payment, whether incorporated
in the Project or not, will pass to the Owner upon receipt by Design-Builder of payment for the
application for payment, free and clear of all liens, claims, security interests, or encumbrances.
The Owner's payment of an application for payment, whether in whole or in part, shall not be
deemed acceptance of any Construction Work not conforming to the requirements of the
Construction Documents, it being the duty and responsibility of the Design-Builder to perform the
Construction Work in accordance with the requirements of the Construction Documents.
6.3 Final Payment.
6.3.1 Upon completion of all work under this Agreement, including punch list work,
Design-Builder shall submit an invoice to Owner for the final Contract Price, less progress
6.3.2 Owner shall have 25 days to review and audit Design-
the Owner disagrees with the Design-, notice thereof shall be provided to
Design-Builder not later than 30 days following Design-
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed
and the reason(s).
6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless
be made for the undisputed balance, if any, due Design-Builder. Such payment of the undisputed
balance is due by the deadline set by the Texas Prompt Pay Act. With respect to the disputed
amount of Design--day period following
is unsuccessful, the Owner and Design Builder shall submit the dispute to non-binding mediation,
and if such mediation is unsuccessful in resolving the dispute, either Owner or Design-Builder
may bring suit in a court of competent jurisdiction located in Tarrant County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreement is less than
the sum of progress payments previously received, Design-Builder shall refund the amount of
such excess progress payments received to Owner within 10 days following the final
determination of the final total Contract Price. Any refund not so made shall bear interest at the
rate of ten percent (10%) per annum.
6.3.5 Owner shall pay Design-Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not
Design-Build SOQ Page 13 of 31
Meachem Airport Field Maintenance Project
timely paid under this Agreement. To the extent any disputed entitlement to payment is resolved
in favor of the Design-Builder, such interest shall be paid on the amount determined to be due
Design-Builder from the original due date of the disputed payment.
ARTICLE 7 - CHANGES IN THE WORK
7.1 Changes in the Work. Changes in the Construction Work which are within the
general scope of this Agreement may be accomplished without invaliding the Agreement by
Change Order as provided in paragraph 7.2, a Work Change Directive as provided in paragraph
7.3, or a Minor Change in the Work as provided in paragraph 7.4.
7.2 Change Orders. The Owner may order changes in the Construction Work within the
general scope of the Construction Documents by a Change Order. All such changes in the
Construction Work shall be authorized by the Owner pursuant to a written change order executed
by the Owner and the Design-Builder, and shall be performed under applicable conditions of the
Contract Documents. Each adjustment in the Contract Price and/or Contract Time resulting from
a Change Order shall clearly separate the amount attributable to design services. The Owner
and the Design-Builder shall negotiate in good faith an equitable adjustment to the Contract Price
and the Contract Time and shall conclude these negotiations as expeditiously as possible.
Additive changes in the cost of construction shall be adjusted with a markup fee for overhead and
profit at 10%, for Design-Builder and 15% for its Subcontractors. Neither the Design-Builder nor
the Owner shall unreasonably withhold acceptance of the Change Order, any adjustment in the
Contract Price, and/or Contract Time.
7.3 Work Change Directive. In the event the Owner and the Design-Builder cannot agree
on an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a
Work Change Directive, directing a change in the Construction Work if the changed work is within
the general scope of the Construction Documents. If the Owner issues a Work Change Directive,
the Design-Builder shall provide an accounting to the Owner for all extra costs incurred by the
Design-Builder as a result of the Work Change Directive. The Design-Builder shall also record
all extra time required for the completion of the work required by the Work Change Directive. The
Contract Price will be increased by the amount of such additional costs plus fifteen percent (15%)
of such costs for Design-overhead and profit. The Design-Builder will also be entitled to
an extension of the Contract Time that corresponds with the additional time required to complete
the work under the Work Change Directive. If the Owner and Design-Builder subsequently agree
to the adjustments in the Contract Price and the Contract Time for work under the Work Change
Directive, such agreement shall be documented by completion of a Change Order.
7.4 Minor Changes in the Work. Design-Builder, with the written approval of the
Owner, may make minor changes in the design and construction of the Project consistent with
the intent of the Contract Documents, which do not involve an adjustment of the Contract Price
and/or the Contract Time, and which do not materially or adversely affect the design of the Project,
the quality of any of the materials or equipment specified in the Construction Documents, the
performance of any equipment or systems specified in the Construction Documents, or the quality
of workmanship required by the Construction Documents.
7.5 Differing Site Conditions. If Design-Builder encounters a Differing Site Condition that
is manmade, Design-Builder will be entitled to an adjustment in the Contract Price, and/or the
Contract Time, to the extent that the Differing Site Condition adversely impacts design-
costs and/or time of performance. Upon encountering a manmade Differing Site Condition,
Design-Builder shall provide prompt written notice to Owner of such condition, which notice shall
not be later than five (5) business days after the impact of such manmade Differing Site Condition
has been determined by Design-Builder. Design-Builder shall, to the extent reasonably possible,
provide such notice in a manner to allow the Owner to mitigate any costs or extra expenses arising
out of the manmade Differing Site Condition. Design-Builder waives any claim for additional time
Design-Build SOQ Page 14 of 31
Meachem Airport Field Maintenance Project
and/or compensation for failure to provide written notice as required herein. Design-Builder may
be entitled to any additional compensation for a naturally occurring Differing Site Condition occurs
between the placement of bores which was not reasonably identifiable by the Design-Builder,
then the Owner shall consider fair and reasonable payment for the anomaly but shall be entitled
to an adjustment in Contract Time.
ARTICLE 8 - INDEMNITY, INSURANCE AND BONDS
8.1 Indemnity. TO THE FULLEST EXTENT ALLOWED BY TEXAS LAW, DESIGN-
BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE ON THE PART OF THE
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES AND INVITEES OF OWNER. DESIGN-BUILDER DOES HEREBY COVENANT AND
AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF OWNER, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR
PERSONAL INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
OR INVITEES. DESIGN-BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES
HEREBY, INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL
INJURIES, LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE
OF THIS AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR
RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS
OF OWNER'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO
REQUIRE DESIGN-BUILDER TO INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT
NEGLIGENCE; PROVIDED, HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO
AS TO REQUIRE THE DESIGN PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER
8.2 Design-Builder's Liability Insurance. The Design-Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design-Builder's operations or from the operations of any
Subcontractors, their employees, or by an individual or entity for whose acts they are liable:
8.2.1 Claims under Workers' Compensation statutes or other disability benefits statutes
applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design-Builder's employees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design-Builder;
Design-Build SOQ Page 15 of 31
Meachem Airport Field Maintenance Project
8.2.4 Claims for personal injury disability for damages directly or indirectly related to the
person's employment by the Design-Builder;
8.2.5 Claims for damage to or destruction of tangible property;
8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle
liability for motor vehicles used or operated by the Design-Builder; and
8.2.7 Claims for contractual liability involving the Design-Builder's obligations under the
indemnity provided in this Agreement.
8.2.8 This section is intentionally left blank.
8.2.9 Claims for damage to boiler and machinery located at the Project site occurring
before Substantial Completion.
8.2.10 The Design-Builder's liability insurance policies shall be written for not less than
the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
Automobile Liability
$1,000,000 each accident on a combined single limit basis
Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
1.01
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
8.2.11 Commercial General Liability Insurance may be arranged under a single policy for
the full limits required or by a combination of underlying policies and an excess of umbrella liability
policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed
until at least thirty (30) days prior written notice has been given to the Owner. Certificates of
Design-Build SOQ Page 16 of 31
Meachem Airport Field Maintenance Project
insurance showing required coverage to be in force shall be filed with the Owner prior to
commencement of the Construction Work. Products and completed operations insurance shall
be maintained for a minimum period of one year after the date of Substantial Completion.
8.3 Professional Liability Insurance. The Design-Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under this Agreement. The professional liability
insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate,
with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period
of three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design-Builder shall obtain and maintain All Risk
Builder's Risk insurance for the Construction Work required under this Agreement. This insurance
shall include as named insureds the Owner and the Design-Builder. This insurance shall include
all risk insurance for physical loss or damage including without duplication of coverage, at least:
theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary
buildings, debris removal, testing, and demolition resulting from enforcement of any applicable
legal requirements.
8.5 Additional Insurance Requirements.
8.5.1 The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
8.5.2 Certificates of insurance shall be emailed or delivered to the City of Fort Worth,
contract administrator in the respective department as specified in the bid documents, 100 Fort
Worth Trail, Fort Worth, TX 76102, prior to commencement of work on the contracted project.
8.5.3 Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
8.5.4 Each insurance policy shall be endorsed to provide the Owner a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A
ten days notice shall be acceptable in the event of non-payment of premium.
8.5.5 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
8.5.6 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
8.5.7
Owner may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The Owner must approve in writing any alternative coverage.
8.5.8 Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
Owner.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
Design-Build SOQ Page 17 of 31
Meachem Airport Field Maintenance Project
8.5.10 Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage maintained by Owner
shall not be called upon to contribute to loss recovery.
8.5.11 In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
8.5.13 Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
8.6 Bonds and Other Performance Security.
8.6.1 The Design-Builder shall provide Payment, Performance Bonds and Builders Risk
Insurance in the amount of the GMP. The Design-Builder shall give the Owner surety in a sum
equal to the amount of the Lump Sum Price, as reduced by cost of the design services. The
Design-Builder shall be required to furnish bonds as follows. All bonds furnished hereunder shall
meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In order
for a surety to be acceptable to the Owner, it must meet the requirements of V. A. T. S. Insurance
Code, art. 7.19-1.
8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $50,000, a Payment Bond shall be executed in the amount of the contract solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $100,000, a Performance Bond shall be executed in the amount of the contract conditioned
on the faithful performance of the work in accordance with the plans, specifications, and contract
documents. Said bond shall solely be for the protection of the Owner.
8.6.4 No sureties will be accepted by the Owner that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the Owner. Should any
surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given
to the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the Owner.
8.7 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
of the project.
8.7.1.2 Duration of the project includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
8.7.1.3 Persons providing services on the project ("sub-contractor" in §406.096) includes
all persons or entities performing all or part of the services the contractor has undertaken to
Design-Build SOQ Page 18 of 31
Meachem Airport Field Maintenance Project
perform on the project, regardless of whether that person contracted directly with the contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other services related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
8.7.2 Design Builder shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design-Builder
providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
8.7.4 If the coverage period shown on the Design-Builder's current certificate of
coverage ends during the duration of the project, the Design-Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.5 The Design-Builder shall obtain from each person providing services on a project,
and provide the governmental entity:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design-Builder, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
8.7.6 The Design-Builder shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
8.7.7 The Design-Builder shall notify the governmental entity in writing by certified mail
or personal delivery, within ten (10) days after the Design-Builder knew or should have known,,
of any change that materially affects the provision of coverage of any person providing services
on the project.
8.7.8 The Design-Builder shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify coverage and report lack of coverage.
8.7.9 The Design-Builder shall contractually require each person with whom it contracts
to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
Design-Build SOQ Page 19 of 31
Meachem Airport Field Maintenance Project
8.7.9.2 Provide to the Design-Builder, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
8.7.9.3 Provide the Design-Builder, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
8.7.10 Obtain from each other person with whom it contracts, and provide to the Design-
Builder:
8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on the
project; and
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
8.7.11 Retain all required certificates of coverage on file for the duration of the project and
for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery, within
ten (10) days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they
are providing services.
8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design-Builder is representing to the governmental entity that all employees of the
Design-Builder who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the Design-
Builder to administrative, criminal, civil penalties or other civil actions.
8.7.15 The Design-Builder's failure to comply with any of these provisions is a breach of
contract by the Design-Builder which entitles the governmental entity to declare the contract void
if the Design-Builder does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
8.7.16 The Design-Builder shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify current coverage and report failure to provide coverage. This notice does not satisfy
other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30
point bold type and text in at least 19 point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the
following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
Design-Build SOQ Page 20 of 31
Meachem Airport Field Maintenance Project
The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage".
ARTICLE 9 - SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension by the Owner for Convenience. Owner may order Design-Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of
time as the Owner may determine to be appropriate for its convenience without additional
compensation to the Design-Builder. To the extent the time for performance of the Construction
Work is impacted by such suspension, delay or interruption an equitable adjustment shall be
made in the Contract Price and/or Contract Time. No adjustment shall be made if the Design-
Builder is or otherwise would have been solely responsible for the suspension, delay or
interruption of the Construction Work, or if another provision of this Agreement is applied to render
an equitable adjustment.
9.2 Termination by the Owner for Cause.
9.2.1 If Design-Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure
to commence and continue correction of such failure, then the Owner may undertake to perform
such obligations. The costs incurred by the Owner in performing such obligations may be
deducted from the Contract Price.
9.2.2 If Design-Builder fails to cure upon seven (7) days' written notice to Design-Builder
and Design-Builder's surety, Owner may, after seven days following receipt by the Design-Builder
of an additional written notice, terminate this Agreement for any of the following reasons:
9.2.2.1 If Design-Builder persistently utilizes improper materials and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design-Builder has not made proper payment to
laborers, material suppliers or Sub-contractors, provided that the Owner has fully paid to the
Design-Builder in accordance with the terms of this Agreement, the payment sought by such
laborers, material suppliers or Sub-contractor; or
9.2.2.3 If Design-Builder persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
9.2.2.4 If Design-Builder is in breach of any other requirement of the Contract Documents.
9.2.3 Owner may terminate this Agreement for cause if Design-Builder files a petition
under the Bankruptcy Code, and Design-Builder or the Design-Builder's trustee rejects the
Agreement or, if there has been a default, the Design-Builder is unable to give adequate
assurance that Design-Builder will perform as required by this Agreement or otherwise is unable
to comply with the requirements for assuming this Agreement under the applicable provisions of
the Bankruptcy Code.
9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
Design-Build SOQ Page 21 of 31
Meachem Airport Field Maintenance Project
9.2.3, upon the request of the Design-Builder, the Owner shall provide a detailed accounting of
the obligations or work of the Design-Builder performed by Owner and the cost incurred by the
Owner in performing such obligations or work.
9.3 Termination by the Owner Without Cause. If Owner terminates this Agreement
other than as set forth in paragraph 9.2, then Owner shall pay Design-Builder for all work
completed as of the termination date (including any withheld retainage), plus all proven losses,
costs or expenses incurred in connection with demobilization and termination of the Construction
Work. Design-Builder shall not be entitled to any compensation for lost or anticipated profits.
9.4 Termination by the Design-Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design-Builder may
terminate this Agreement for any of the following reasons:
a)if the Owner suspends the Work for sixty (60) days;
b)if the Owner fails to furnish reasonable evidence that sufficient funds are available and
committed for the entire cost of the Project; or
c)if the Owner has for thirty (30) days failed to pay the Design-Builder pursuant to
Subparagraph 6.2.
9.4.2 Upon termination by the Design-Builder in accordance with paragraph 9.4.1, the
Design-Builder shall be entitled to recover payment from the Owner as if the Owner had
terminated this Agreement under paragraph 9.3. Design-Builder shall not be entitled to any
compensation for lost or anticipated profits.
ARTICLE 10 - MISCELLANEOUS
10.1 Notices. All notices required to be given under this Agreement shall be deemed delivered
when deposited in the United States mail, first class postage prepaid, addressed to the recipient
at:
Name
Address
City, State
CITY OF FORT WORTH
Architectural Services Manager
Property Management Department
401 West 13th Street
Fort Worth, TX 76102
10.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement,
and any other Contract Document, the Documents shall govern in the following order: (a) Change
Orders, addenda, and written amendments to the Contract executed by both the Owner and the
Design Builder; (b) the Contract; (c) Drawings; (d) Specifications (but Specifications shall control
over Drawings as to quality of materials and workmanship); and (e) other Contract Documents.
Among categories of documents having the same order of precedence, the term or provision that
includes the latest date shall control and more specific requirements shall govern over the general
requirements.
10.3 Governing Law. The laws of the State of Texas shall govern this Agreement and the
Design-Build SOQ Page 22 of 31
Meachem Airport Field Maintenance Project
parties agree that any suit arising out of or relating to this Agreement shall be exclusively in
Tarrant County, Texas.
10.4 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation
for each employee who performs work under this Agreement. Vendor shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not legally
eligible to perform such services. Vendor shall provide City with a certification letter that it has
complied with the verification requirements required by this Agreement. Vendor shall indemnify
City from any penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
10.5 No Boycott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section
does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract.
have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code.
signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the Agreement.
10.6 No Waiver of Performance. The failure of either the Owner or the Design-Builder to
insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be
construed as a waiver or relinquishment of such term, covenant, condition or right with respect to
further performance.
10.7 Severability. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
10.8 Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which will be
paid wholly or partly from public funds of the City, with a company (with 10 or more full-time
employees) unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the
meaning ascribed to
those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of
the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
10.9 Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Design-Build SOQ Page 23 of 31
Meachem Airport Field Maintenance Project
Code, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term
of the contract
Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
10.10 Right to Audit.
10.10.1 Design-Builder agrees that Owner shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of the Design-Builder
involving transactions relating to this Agreement. Design-Builder agrees that the Owner
shall have access during normal working hours to all necessary Design-Builder facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. Owner shall give Design-Builder
reasonable advance notice of intended audits.
10.10.2 Design-Builder shall include in all its subconsultant agreements and
subcontracts hereunder a provision to the effect that the subconsultant and/or sub-
contractor agree that the Owner shall, until the expiration of three (3) years after
final payment under the subcontract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of such
subconsultant or sub-contractor involving transactions to the sub-agreement, and
further, that Owner shall have access during normal working hours to all
subconsultant or sub-contractor facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the
provisions of this section. Owner shall give subconsultants or sub-contractors
reasonable advance notice of intended audits.
10.10.3 Design-Builder agrees to photocopy such documents as may be requested
by Owner, and further agrees to include such a provision in any subconsultant or
sub-contractor agreement. Owner agrees to reimburse for the cost of copies at the
rate published in the Texas Administrative Code in effect as of the time copying is
performed.
10.11 Additional Compensation Anywhere in this Agreement where Design-Builder may be
entitled to additional compensation, the calculation to determine such additional compensation
shall not include any costs or expenses for any home-office overhead and expenses, and shall
be limited to the costs incurred at the Project site, examples of which include Project site trailer,
Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and
Project Manager (based on hourly rate) and like Project site specific costs.
Design-Build SOQ Page 2 of 31
Meachem Airport Field Maintenance Project
ARTICLE 11 SMALL BUSINESS ORDINANCE COMPLIANCE
11.1 In accordance with the City's Small Business Ordinance, Chapter 21 of the City Code, the
City has established a Small Business Goal for the Improvements being constructed pursuant to
this Agreement. Constructor shall comply with the Small Business Ordinance, the Small Business
Goal established for this Agreement. The Small Business Utilization Form submitted by
failure to comply with the Small Business Goal for this Agreement may result in the Contractor
not being considered a responsible bidder on any future bidding opportunities with the City of Fort
Worth.
This Agreement is made effective as of the date signed by the Assistant City Manager below.
By:
Date:
SpawGlass Contractors, Inc.
Lt-(� 22, 202511:20:35 CDT) Lloyd Faver President, North Texas Region 08/22/2025
APPRO�AL �Ef�MENDEDBy:�_ ov;:1_.t1_1t ____ _ Marilyn Marvin Director, Property Management Dept. APPROVED AS TO FORM AND LEGALITY:
By: Stephen Hines (Oct 20, 202514:56:35 CDT) Steve M. Hines Sr. Assistant City Attorney
APPROVED: CITY PF F91;H WORTH v�w� By: Valerie Washington (Oct 20, 2025 15:06:17 CDT) Valerie Washington
By:
Assistant City Manager
Jannette Goodall City Secretary
M&C: 25-0229 M&C Date: 3/01/2025
The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a.
Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting r� By:� Nikita Watts Sr. Capital Projects Officer
Design-Build SOQ Page 25 of 32
Meachem Airport Field Maintenance Project
Bond # TBD PROVIDED AT TIME OF GMP
THE STATE OF TEXAS
COUNTY OF TARRANT
PAYMENT BOND
�
KNOW ALL BY THESE PRESENTS:
That we, , known as "Principal" herein, and
a
corporate surety (sureties), duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
in the penal sum of, Dollars and No Cents ($0.00�, lawful
money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of
which sum well and truly be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, Principal has entered into a certain written Contract with City, awarded the
11 day of _March , 2025, which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories
as defined by law, in the prosecution of the Work as provided for in said Contract and designated
as_Meacham Airport Field Maintenance Facilit�[ Proiect located at 201 American
Concourses Fort Worths Texass Proiect No. 2024-03.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253
of the Texas Government Code, as amended) in the prosecution of the Work under the Contract,
then this obligation shall be and become null and void; otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
Design-Build SOQ Page 26 of 32
Meachem Airport Field Maintenance Project
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the day of , 2025.
ATTEST:
(Principal) Secretary
Witness as to Principal
ATTEST:
PRINCIPAL:
BY:
Signature
Name and Title
Address:
SU RETY:
�'1
Signature
(Surety) Secretary
Witness as to Surety
Name and Title
Address:
Telephone Number:
*Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical address
is different from its mailing address, both must be provided. The date of the bond shall not be
prior to the date the Contract is awarded.
Design-Build SOQ Page 27 of 32
Meachem Airport Field Maintenance Project
Bond #TBD PROVIDED AT TIME OF GMP
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, ------------------------- , known as "Principal" herein and
:�
corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas,
known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort
Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in
the penal sum of, Dollars and No Cents �0.00�, lawful money
of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded
the 11 day of March , 2025, which Contract is hereby referred to and made a part hereof
for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
accessories defined by law, in the prosecution of the Work, including any Change Orders, as
provided for in said Contract designated as ,Meacham Airport Field Maintenance Facility
Proiect located at 201 American Concourses Fort Wortht Texass Project No. 2024-03..
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfully
perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part of the City, then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance
with the provisions of said statue.
Design-Build SOQ Page 28 of 32
Meachem Airport Field Maintenance Project
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this
instrument by duly authorized agents and officers on this the day of , 2025.
ATTEST:
(Principal) Secretary
Witness as to Principal
Witness as to Surety
PRINCIPAL:
BY:
Signature
Name and Title
Address:
SURETY:
BY:
Signature
Name and Title
Address:
Telephone Number: _
'`Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If Surety's
physical address is different from its mailing address, both must be provided. The date of the bond
shall not be prior to the date the Contract is awarded.
Design-Build SOQ
Meachem Airport Field Maintenance Project
Page 29 of 32
Docusign Envelope ID: E69B77A7-81 FE-452F-8BAD-1 F94FDD79COE
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project, Meacham Airport Field Maintenance Facilitv Proiect located at 201 American
Concourse, Fort Worth, Texas, Proiect No. 2024-03. Contractor further certifies that, pursuant
to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's
certificates of compliance with worker's compensation coverage.
CONTRACTOR:
SpawGlass Contractor's
Company
By:
Lloyd Faver
(Please Print)
Signed by:
�a�a,�'
OE611D193E9C4AE_.
3000 W Loop 820 S Signature
Address
Fort Worth, TX 76116 Title:
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
.
President
(Please Print)
KNOW ALL BY THESE PRESENTS:
BEFORE ME, the undersigned authority, on this day personally appeared
Lloyd Faver
,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same as the act and deed of
SpawGlass Contractor's for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of September , 2025.
�lotary Public in and for the St��te of Texas
� �= � Alm�r Robtrtr lonp
My C»rm��s�fon Ezpin�
` �..Q2D5
� �•*`.` 133s78�SJ
Design-Build SOQ
Meachem Airport Field Maintenance Project
J r' r'' 4 f��f'•c-.J�'\..;i, �
NOTARY PUBLIC, STATE OF �� ?�Ez S
COMMISSION E;{i'ii{['� �?,/ �� /��:�5-
N i �. I 6 �. . .�.^c. •.�• r.� .+'C� c .�.e,� ,`�, �
Page 30 of 32
ADDITIONAL INSURED - AUTOMATIC STATUS
AS REQUIRED BY CONTRACT - BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
1170
Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is
executed prior to the loss.
A. Section II, Who Is An Insured is amended to include as an additional insured any person or organization shown in the above SCHEDULE
(called additional insured), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising
out of your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written
contract.
B. The insurance provided to the additional insured is subject to the following limitations:
1. Unless a written contract specifically requires additional insured coverage for your completed operations, this insurance does not apply
to "bodily injury" or "property damage° occurring after "your work" for the additional insured has been completed or after that portion of
"your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization,
whichever occurs first.
2. Unless broader coverage is specifically required by written contract, this insurance provides additional insured coverage only for liability
for "bodily injury", "property damage° or "personal and advertising injury" to the extent caused by the named insured's acts or omissions
or the acts or omissions of those acting on the named insured's behalf. If broader coverage is specifically required by written contract,
this insurance does not apply to "bodily injury" or "property damage" or "personal and advertising injury" arising out of the sole
negligence, act, or omission of the Additional Insured unless additional insured coverage for an Additional Insured's sole negligence,
act, or omission is specifically required by written contract.
3. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" for which the additional
insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent
that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement.
4. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or
failure to render any professional services by any insured or on any insured's behalf, including:
a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders, drawings or specifications; or
b) Supervisory, inspection, architectural, or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury"
or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or
the failure to render, any professional architectural, engineering or surveying services.
5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy
specifically applies to that person or organization.
6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional
insured coverage in the construction industry.
7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract.
C. In no event shall the insurance provided to the additional insured exceed the minimum coverage required by the written contract, including
but not limited to minimum limits, minimum scope of coverage, or minimum duration of coverage. If a written contract or agreement requires
that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that
endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and
limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are
specified, the 04/13 editions shall apply.
D. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional
insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always
excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the
other insurance as an additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the
mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective:06/01/2025 Policy No.: GL25A00046 Endorsement No.:
Insured: SpawGlass Employee Holding Company Premium $
Insurance Company: American Contractors Insurance Co. RRG
1139
ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT -
AUTOMATIC STATUS WHEN REQUIRED IN LEASE
AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from
whom you lease equipment when you and such person or organization have agreed in writing in a contract
that such person or organization be added as an additional insured on your policy. Such person or
organization is an insured only with respect to their liability caused, in whole or in part, by the maintenance,
operation or use by you of equipment leased to you by such person or organization. A person's or
organization's status as an insured under this endorsement ends when their contract with you for such leased
equipment ends.
B. With respect to the insurance afforded these additional insureds, the following additional exclusions apply:
This insurance does not apply:
1. To any "occurrence" which takes place after the equipment lease expires;
2. Unless specifically required by written contract, to "bodily injury" or "property damage" caused by the
negligence of such person or organization.
C. This insurance shall not exceed the scope of coverage, including limits, of this policy and in no event shall
the insurance provided to the additional insured exceed the scope of coverage, including minimum limits,
minimum duration, and minimum scope of coverage required by the contract.
D. It is agreed and understood no other additional insured endorsement attached to this policy will apply
unless such a person or organization is specifically designated in that endorsement.
This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available
to the additional insured unless a written contract requires that this insurance be primary or primary and non-
contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on
any other basis, when the additional insured has been added to the other insurance as an additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective:06/o1/2025 Policy No.: GL25A00046 Endorsement No.:
Policy Effective: 06/01/2025 Premium $
Insured: SpawGlass Employee Holding Company
Insurance Company: American Contractors Insurance Company Risk Retention Group
1140
ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
nation of Premises (Part Leased to You
Any premises leased to you where you are required by a lease agreement to add a person or organization as an
additional insured.
Name of Person or Orqanization (Additional Ins
As required by the lease agreement.
Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in
the Schedule but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of
that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises.
(2) Structural alternations, new construction or demolition operations performed by or on behalf of the person(s) or
organization(s) shown in the Schedule.
This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to
this policy specifically applies to that person or organization.
The insurance afforded herein only applies to the extent permitted by applicable state law.
This insurance shall not exceed the scope of coverage, including limits, of this policy and in no event shall the
insurance provided to the additional insured exceed the scope of coverage, including minimum limits, minimum
scope of coverage, and minimum duration of coverage, required bythe contract.
This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to
the additional insured unless a written contract or agreement requires that this insurance be primary or primary and non-
contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any
other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein
contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of
the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: 06/01/2025 Policy No.: GL25A00046 Endorsement No.:
Policy Effective: 06/01/2025
Insured: Premium $
SpawGlass Employee Holding Company
Insurance Company: American Contractors Insurance Company Risk Retention Group
ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY
OR SUBDIVISION OR POLITICAL SUBDIVISION -
PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
State or Governmental Aqencv or Subdivision or Political Subdivision:
Any state or political subdivision that you are required to include as an additional insured as a condition for issuance of a permit or authorization.
Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision
shown in the Schedule, subject to the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or
subdivision or political subdivision has issued a permit or authorization.
However:
a. The insurance afforded to such additional insured only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured
will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) This insurance does not apply to:
a.
b.
"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government,
state or municipality; or
"Bodily injury" or "property damage" included within the "products-completed operations hazard".
With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the
amount of insurance:
(1) Required by the contract or agreement; or
(2) Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
With respect to these additional insureds, 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 services by any insured, including:
(1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or
specifications; or
(2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training
or monitoring of others by that insured.
This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies
to that person or organization.
The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage
in the construction industry.
This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured
unless a condition for the issuance of the permit or authorization requires that this insurance be primary or primary and non-contributing. However,
this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has
been added to the other insurance as an additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the
mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective:06/01/2025 Policy No.: GL25A00046
Insured: SpawGlass Employee Holding Company
Endorsement No.:
Premium $
Insurance Company: American Contractors Insurance Co. RRG
205
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person(s) or Orqanization(s):
Any person or organization for whom you have agreed by written contract to furnish this waiver.
Section IV — Commercial General Liability Conditions, 14. Transfer of Rights of Recovery Against Others to Us
Condition is amended by the addition of the following:
We waive any right of recovery we may have against any person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under
a contract with that person or organization and included in the "products-completed operations hazard". This waiver
applies only to the person or organization shown in the Schedule above.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective: 6/1/2025 Policy No.:GL25A00046 Endorsement No.:
Insured: SpawGlass Employee Holding Company Premium $
Insurance Company: American Contractors Insurance Co. RRG
336
NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -
CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The certificate of insurance holders shown in the schedule below have requested that they receive written notice of
cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a
material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of
insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of
premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days
advance written notice.
The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the
certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide
notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule
below.
SCHEDULE
All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this
policy is required by written contract, permit or agreement with the Named Insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective:6/1/2025 Policy No.: GL25A00046 Endorsement No.:
Insured: SpawGlass Employee Holding Company
Premium $
Insurance Company: American Contractors Insurance Co RRG
�
AGGREGATE LIMITS OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is hereby understood and agreed the General Aggregate Limit under Limits of Insurance, Section III, of the
Coverage Form applies separately to each of your projects away from premises owned by or rented to you.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: same as policy eff. date unless otherwise indicated above.
Policy Effective: 6/1/2025 Policy No.: GL25A00046 Endorsement No.:
Insured: SpawGlass Employee Holding Company Premium $
Insurance Company: American Contractors Insurance Co RRG
�NA Business Auto Policy
SpawGlass Contractors, Inc., SpawGlass Construction Corp.,
SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC
NTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AU PLUS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an
insured under any other liability "policy" providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or
joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
(2) Any such organization that is an insured under any other liability "policy" providing auto
coverage.
3O. Any person or organization that you are required by a written contract to name as an additional
insured is an insured but only with respect to their legal liability for acts or omissions of a person,
who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability
Coverage is afforded under this policy. If required by written contract, this insurance will be primary
and non-contributory to insurance on which the additional insured is a Named Insured.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on
the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
1. In a.12►, the limit for the cost of bail bonds is changed from 52,000 to 55,000; and
2. In a.141, the limit for the loss of earnings is changed from 5250 to 5500 a day.
Form No: CNA63359XX (04-2012) Policy No: BUA 7033775896
Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01 /2025
° Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
�NA
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Business Auto Policy
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Glass Breal<age — Hitting A Bird Or Animal — Falling Objects Or Missiles
The following is added to Section III, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
B. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to
provide:
a. S60 per day, in lieu of 520; subject to
b. S 1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to
provide:
a. 51,000 maximum, in lieu of 5600.
D. Hired "Autos"
The following is added to Section III. Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired
Autos, then Physical Damage coverage is extended to:
a. Any covered auto you lease, hire, rent or borrow without a driver; and
b. Any covered auto hired or rented by your employee without a driver, under a contract in that
individual employee's name, with your permission, while performing duties related to the
conduct of your business.
c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost
of replacement or 575,000, whichever is less, minus a 5500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
d. The physical damage coverage as is provided by this provision is equal to the physical damage
coveragels) provided on your owned autos.
e. Such physical damage coverage for hired autos will:
(1) Include loss of use, provided it is the consequence of an accident for which the Named
Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing
or rental concern.
(2) Such coverage as is provided by this provision will be subject to a limit of 5750 per
accident.
E. Airbag Coverage
The following is added to Section III, Paragraph B.3.:
The accidental discharge of an airbag shall not be considered mechanical breal<down.
Form No: CNA63359XX (04-2012)
Underwriting Company: Valley Forge Insurance Company
Policy No: BUA 7033775896
Policy Effective Date: 06/01 /2025
° Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
�NA
F. Electronic Equipment
Business Auto Policy
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed
electronic equipment including its antennas and other accessories
d. A S 100 per occurrence deductible applies to the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III, Paragraph B.6.:
Subject to the following, the diminution in value exclusion does not apply to:
a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver
for a period of 30 days or less, while performing duties related to the conduct of your business;
and
b. Any covered auto of the private passenger type hired or rented by your employee without a
driver for a period of 30 days or less, under a contract in that individual employee's name, with
your permission, while performing duties related to the conduct of your business.
c. Such coverage as is provided by this provision is limited to a diminution in value loss arising
directly out of accidental damage and not as a result of the failure to make repairs; faulty or
incomplete maintenance or repairs; or the installation of substandard parts.
d. The most we will pay for loss to a covered auto in any one accident is the lesser of:
(1) 55,000; or
(2) 20% of the auto's actual cash value (ACV1.
III. Drive Other Car Coverage — Executive Officers
The following is added to Sections II and III:
1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by,
and for Physical Damage Coverage while in the care, custody or control of, any of your "executive
officers", except:
a. An auto owned by that "executive officer" or a member of that person's household; or
b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing
or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
(1) Equal to the greatest of those coverages afforded any covered auto; and
(2) Excess over any other collectible insurance.
2. For purposes of this provision, "executive officer" means a person holding any of the officer positions
created by your charter, constitution, by-laws or any other similar governing document, and, while a
resident of the same household, includes that person's spouse.
Such "executive officers" are insureds while using a covered auto described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:
Form No: CNA63359XX (04-2012)
Underwriting Company: Valley Forge Insurance Company
Policy No: BUA 7033775896
Policy Effective Date: 06/01 /2025
° Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
CNA
Business Auto Policy
(4) Your employees may know of an accident or loss. This will not mean that you have such
knowledge, unless such accident or loss is known to you or if you are not an individual, to any
of your executive officers or partners or your insurance manager.
The following is added to Section IV, Paragraph A.2.b.:
(6) Your employees may know of documents received concerning a claim or suit. This will not mean
that you have such knowledge, unless receipt of such documents is known to you or if you are
, ecutive officers or partners or your insurance manager.
6. Transfer Of Rights Of Recovery Against Others To Us
A.5. Transfer Of Rights Of Recovery Against Others To
Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
You must agree to that requirement prior to an accident or loss.
C. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not
spect to the coverage afforded provided such failure or omission is not intentional.
D. Otherinsurance
' a ed to Section IV, Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy
shall be on a primary non-contributory basis. This provision is applicable only when required by a
written contract.
That written contract must have been entered into prior to Accident or Loss.
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.15).1a1. is revised to provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish,
mental injury or death resulting from any of these.
Form No: CNA63359XX (04-2012)
Underwriting Company: Valley Forge Insurance Company
Policy No: BUA 7033775896
Policy Effective Date: 06/01 /2025
° Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
CNA Business Auto Policy
•.. . • . •- • . . . .-
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the "accident" for which the additional insured seel<s coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX (10-2012) Policy No: BUA 7033775896
Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01 /2025
Insured: SpawGlass Contractors, Inc., SpawGlass Construction Corp.,
SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC
° Copyright CNA All Rights Reserved.
�NA
It is understood and agreed that:
Business Auto Policy
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of
Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of
Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to
such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with
the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or
impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
SpawGlass Contractors, Inc., SpawGlass Construction Corp.,
SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC
Form No: CNA68021 XX (02-2013)
Underwriting Company: Valley Forge Insurance Company
Policy No: BUA 7033775896
Policy Effective Date: 06/01 /2025
° Copyright CNA All Rights Reserved.
Watts, Nikita N
From:
Sent:
To:
Cc:
Subject:
Attachments:
Murphy, Donnette J
Friday, October 3, 2025 3:18 PM
Kerry Fellers
Chris Schwertner; Leonard Anderson; Watts, Nikita N
RE: COI - MEACHAM AIRPORT FIELD MAINTENANCE FACILITY - correction*
The City of Fort Worth - SpawGlass Contractors - COI Exp 06.01.2026.pdf
Hello, any concern is solely based on the potential of a coverage issue because of the endorsement
language . This is somethingyour broker and the carrier should be able to reconcile by utilizing a different
AI endorsement that is in alignment with contract intent.
A COI is not a binding contract; it only demonstrates intent to bind as per the wording of the contract.
When analyzing coverage, the terms of the contract and applicable AI endorsement is what is
considered. This may never be an issue of concern if there is no loss here, but it could be if there was.
Nevertheless, I will go ahead and approve the COI simply because this is impeding the transaction and I
am not certain the concerns raised here are thoroughly understood. With that said, however, if there was
a loss/accident and this is tested, we would rely on the contract intent, including this email, if a concern
regarding applicable coverage limit was raised by the insurance carrier.
Donnette Murphy
FORT WORTHo
Property & Casualty Manager
Financial Management Services
Office 817-392-7784
Cell 682- 760-6749
100 Fort Worth Trail, Fort Worth, TX 76102
CONNECT WITH US. � � O O
From: Kerry Fellers <Kerry.Fellers@SpawGlass.com>
Sent: Friday, October 3, 2025 11:41 AM
To: Watts, Nikita N<Nikita.Watts@fortworthtexas.gov>; Murphy, Donnette J<Donnette.Murphy@fortworthtexas.gov>
Cc: Chris Schwertner <Chris.Schwertner@SpawGlass.com>; Leonard Anderson <Leonard.Anderson@SpawGlass.com>
Subject: RE: COI - MEACHAM AIRPORT FIELD MAINTENANCE FACILITY
This message is from an external organization.
This message came from outside your organization.
Niki/Donnette-
Report Suspicious J
Please see Revised COI for use on the Meacham Airport Maintenance Facility project.
TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 99 03 04
(Ed. 04-07)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against
the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations
described in the Schedule where you are required by a written contract to obtain this waiver. This waiver does not extend to the
statutory right of reimbursement from a claimant who recovers any amount under Section 417.002 of the Texas Labor Code.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ( )
( X )
2. Operations
3. Premium:
Specific Waiver
Name of person organization
Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This
waiver does not extend to the statutory right of reimbursement under Section 417.002 of the Texas Labor Code.
CONSTRUCTION AND RELATED CONSTRUCTION RELATED WORK
ALL TEXAS OPERATIONS
The premium charge of this endorsement shall be 2 percent of the premium developed on payroll in connection with work
performed for the above person(s) or organization(s) arising out of the operations described.
4. Minimum Premium
5. Advance Premium
$0
$0
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.
Policy Effective Date: 6/1/2025 Policy No. WCA000008325
Insured SpawGlass Employee Holding Company
Carrier Name/Code: ACIG Insurance Company
Endorsement No.
Premium $
WC990304
(Ed. 04-07)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
WC420601
(Ed.01-94)
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page.
In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in
the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice:
60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only
10 days advance notice will be provided.
2. Notice will be mailed to:
All certificate holders where written notice of cancellation, nonrenewal or material change to this policy
is required by written contract, permit or agreement with the Named Insured. The notice will be mailed
to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered
sufficient proof of our good faith attempt to provide written notice.
This endorsement is only applicable in the state of Texas.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.
Policy Effective Date: 6/1/2025
Insured SpawGlass Employee Holding Company
Carrier Name/Code: ACIG Insurance Company
Policy No. �/�/CA000008325 Endorsement No.
Premium $
WC420601
(Ed. 01-94)
COMMERCIAL INLAND MARINE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET LOSS PAYEES
This endorsement modifies insurance provided under the
COMMERCIAL INLAND MARINE COVERAGE PART
The following is added to Section E— ADDITIONAL
COVERAGE CONDITIONS:
Loss Payable Provision
In the event of a Covered Cause of Loss to Covered
Property in which both you and a Loss Payee share
an insurable interest, we will:
a. Adjust the loss or damage with you; and
b. Pay any claim for loss or damage jointly to you
and the Loss Payee as your interests may
appear.
This endorsement applies to all Covered Property for
which a Loss Payee is on file with us or your
insurance agent or insurance broker.
SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil
Construction, Inc., Westland Equipment and Supplies, LLC
Travelers Property & Casualty Co.
Policy No. QT-630-7625B35-0-TLC-25
CM U6 18 05 21 O 2021 The Travelers Indemnity Company Page 1 Of 1
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:3/11/2025 REFERENCE
NO.:
**M&C 25-
0229 LOG NAME:21MEACHAM AIRPORT
DESIGN BUILD CONTRACT
CODE:C TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (CD 2) Authorize Execution of a Design-Build Contract with SpawGlass Contractors Inc.,
in an Amount of $5,500,000.00 Including a 7.5% Owner's Construction Contingency
Allowance, to Design and Build the Meacham Airport Maintenance Building
RECOMMENDATION:
It is recommended that the City Council authorize execution of a design-build contract with
SpawGlass Contractors Inc., in an amount of $5,500,000.00 including a 7.5\% owner's construction
contingency allowance, to design and build the Meacham Airport Maintenance Building (City Project
No. 105655).
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize the execution of a design-
build contract with SpawGlass Contractors Inc., in an amount of $5,500,000.00 which includes a 7.5\
% owner's construction contingency allowance, to design and build the Meacham Airport
Maintenance Building.
The maintenance building will be located at the south end of the field that is accessible via the
perimeter road or by accessing Gate 39 on Ross Avenue. This new facility is approximately 13,000SF
and will contain the following:
Store maintenance equipment for field operations
Provide conditioned space for staff to do work during extreme heat and cold weather
Provide offices for staff
Based on past experience with the Aviation Department, staff determined that the design-build
method of project delivery provided the City with the most expedient means of completion for this
project. A Request for Qualifications was advertised in the Fort Worth Star-Telegram on August
22,2024 and August 29, 2024. The City of Fort Worth received fifteen (15) proposals from design-
build teams on September 26, 2024. These teams were:
AC Construction, Inc.
Batson Cook Construction
Byrne Construction Services
CGC General Contractors, Inc.
CMP Commercial Construction
Don Jackson Construction
Fort Construction
Frank Dale Construction, LTD
H.J. Russell Company
HM MV, Ltd., dba Muckleroy
Melchiors Architecture LLC
RJM Contractors
SpawGlass Contractors, Inc.
Speed Fab-Crete Corp
West Fork Construction
A selection team composed of members of the Aviation Department and Property Management
Page 1 of 3M&C Review
9/8/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33093&councildate=3/11/2025
Department carefully reviewed these submittals and after discussion and scoring the team was able
to establish a short list of five qualified teams as shown in the table below. Interviews were
conducted on November 7, 2024.
After ranking the proposals and conducting interviews, the selection team recommends that City
authorize the execution of a design-build contract with SpawGlass Contractors, Inc.
The overall budget for the project is as follows:
Funding is budgeted in the Aviation Gas Lease Cap Proj and the Municipal Airport Capital Proj
Funds for the purpose of funding the 55FTW Meacham Maintenance Bldg project, as appropriated.
Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1
Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; Work by non-City personnel
on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the
work is for action under a contract that will be or has been approved by City Council with notes in the
contract packages stating the fee is waived."
Diversity and Inclusion Business Equity Office - The City's Business Equity goal on this
Design/Build project is 12.60\% on design phase, and 25\% on construction phase. Schwarz Hanson
Architects, has agreed/committed to utilize 16.17\% business equity participation on the design
phase, and SpawGlass Contractors Inc., has committed to 25\% business equity participation on the
construction phase. The final Business Equity goal on the construction percentage can be adjusted
once GMP has been finalized. Any changes in subcontractors will be reviewed by the Business
Equity Division.
This project is located in Council District 2.
Interview
Scores
Frank Dale
Construction
SpawGlass
Contractors
Speed
Fab-
Crete
Corp
West Fork
Construction
H.J. Russel
Company
Firms
Experience 45 45 43 42 43
Capability to
Perform 42 45 40 35 42
Fee
Proposals 7 8 9 10 7
TOTAL 94 98 92 87 92
PROJECT COST Amount
Design Build Cost (Including 7.5\% Owners
Construction Contingency Allowance)$5,500,000.00
Staff Time, Materials Testing, IT, Security, Fixtures
Furnishings and Equipment (FF&E), Exercise
Equipment, Contingency, etc.
$500,000.00
Total Project Cost $6,000,000.00
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the current capital budget, as
previously appropriated, in the Aviation Gas Lease Cap Proj and Municipal Airport Capital Proj Funds
for the 55FTW Meacham Maintenance Bldg project to support the approval of the above
recommendation and execution of the contract. Prior to any expenditure being incurred, the Aviation
Department has the responsibility to validate the availability of funds.
TO
Page 2 of 3M&C Review
9/8/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33093&councildate=3/11/2025