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HomeMy WebLinkAboutContract 60548CSC No. 60548 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Garver LLC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Preliminary Engineering Report (PER) for Runway 16-34 at Fort Worth Meacham International Airport. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; 3. Attachment "B" — Compensation; 4. Attachment "C" — Project Schedule; 5. Attachment "D" — Federal Contract Provisions Attachments "A", "B", "C", and "D" which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Attachments and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in an amount not to exceed $368,600.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the Scope of Services contemplated herein, whichever occurs first. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 1 of 20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment A and B to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advic and furnishing customary services incidental thereto and identified in more detail within Attachment "A" herein. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 2 of 20 B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. (3) ENGINEER will not be responsible for damage to underground utilities if ENGINEER followed all preventative measures before any geotechnical, potholing, construction, or allowing other subconsultants working under a subcontract to this Agreement access to do the same. Preventative measures shall include, but is not limited to, having requested and waited for all utility companies to properly mark their respective utilities before conducting any work as described in this section. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 3 of 20 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which, subject to Section VI.B, when delivered to the CITY pursuant to this AGREEMENT, shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 4 of 20 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 5 of 20 Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. ENGINEER acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this Agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Section. The CITY shall give ENGINEER reasonable advance written notice of intended audits. Notwithstanding anything in this AGREEMENT, the CITY's audit rights are limited to cost reimbursable and time and material services. (2) ENGINEER further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the CITY shall, until the expiration of five (5) 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 subcontractor, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this Section together with subsection (3) hereof. CITY shall give subcontractor reasonable written advance notice of intended audits. (3) ENGINEER and subcontractor agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 6 of 20 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, bodily injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the ENGINEER owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 7 of 20 compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability — ENGINEER shall maintain professional liability, a claims -made policy, of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. To the extent of ENGINEER's indemnity obligations, applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY by ENGINEER. A ten (10) days notice by ENGINEER shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 8 of 20 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A -(minus) or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. i. The CITY hereby accepts ENGINEER's self -insured retention in excess of $25,000 as part of this AGREEMENT. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage commensurate with the subconsultant's scope of work as required by the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 9 of 20 insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, as a part of existing authorized fees between the CITY and ENGINEER, meaning the ENGINEER will not invoice or submit for payment to City for these types of design changes. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of or otherwise were not in affect at the time of execution of this AGREEMENT, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 10 of 20 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment C to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment C. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 11 of 20 observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 12 of 20 or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 13 of 20 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER (see "Deliverables" in Attachment A), 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 CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents that are delivered to the CITY in accordance with the requirements of this AGREEMENT; provided however, any and all underlying intellectual property, if any (unless provided by CITY), shall remain the property of ENGINEER such that ENGINEER may continue to perform its business in the normal course. Upon payment in full, ENGINEER shall grant CITY an irrevocable, non-exclusive, royalty -free license to use the same for the purposes contemplated under this AGREEMENT. C. Force Majeure CITY and ENGINEER will exercise good faith efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 14 of 20 D. Termination (1) This AGREEMENT may be terminated a.) by the CITY for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within ten (10) days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses, including those incurred for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against third party liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 15 of 20 which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence or intentional tort resulting in bodily injury (including death) or tangible property damage, intellectual property infringement (except to the extent information and/or technology was provided by the CITY), or failure to pay a subcontractor or supplier (provided ENGINEER has received payment for services from CITY) in conjunction with performance of this AGREEMENT. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. The foregoing obligation to abide by applicable laws, regulations, and ordinances is applicable throughout the term of this AGREEMENT. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees as a result of third -party claims or liability arising out of the violation of any such applicable order, law, ordinance, or regulation, whether it be due to action under this Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 16 of 20 AGREEMENT by itself or its employees, in conjunction with or related to the performance of ENGINEER'S services under this AGREEMENT. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES INCURRED BY THIRD PARTY GOVERNMENTAL AUTHORITIES DUE TO VIOLATIONS OF APPLICABLE LAW DESCRIBED UNDER THIS PARAGRAPH AND COMMITTED BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel If ENGINEER has fewer than 10 employees or the AGREEMENT is for less than $100,000, this section does not apply. ENGINEER 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. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, Engineer certifies that Engineer's signature provides written verification to CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. M. Waiver of Special and Punitive Damages NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL (CONSEQUENTIAL OR INDIRECT) AND PUNITIVE DAMAGES OF ANY KIND REGARDLESS Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 17 of 20 OF THE CAUSE OR ACTION. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), 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 contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), 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 against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (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 against a firearm entity or firearm trade association during the term of this Agreement. Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 18 of 20 This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Duly executed by each party's designated representative to be effective on the date subscribed by the CITY'S designated Assistant City Manager. (Signature page to follow) Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 19 of 20 CITY OF FORT WORTH 7�crhdo Bu�r�s�i Dana Burghdoff (Dec ,20231 cST) Dana Burghdoff Assistant City Manager Date: Dec 1, 2023 APPROVAL RECOMMENDED: By: Roger Venables Director, Aviation 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 requirements. FY%vw L . 2d-c e Erin Roden Senior Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY By: �/ ' Thomas Royce Hansen Assistant City Attorney 444FOR°°nB ATTEST: L Jannette Goodall City Secretary GARVER, LLC r Mitchell McAnally Texas Aviation Director Date: 11 /29/2023 poF0000e oT�yaa V90 �o oQ=� Form 1295 No. 2023-1071541 O�Q4 nEops�p4 Standard Agreement for Preliminary Engineering Report for Runway 16-34 at Fort Worth Meacham International Airport Between City of Fort Worth and Garver, LLC Page 20 of 20 M&C No. 23-0858 M&C Date 10/17/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX GARVER ATTACHMENT A SCOPE OF SERVICES Generally, the Scope of Services includes the following professional services for the Runway 16-34 Rehabilitation project at Meacham International Airport. Improvements will consist primarily of reconstructing asphalt shoulder pavement, rehabilitating distressed areas of concrete pavement, electrical lighting improvements, and re-estabilishing Runway Safety Area (RSA) grades in accordance with FAA Advisory Circular design criteria. • Surveying Services • Geotechnical Services • Non -Destructive Testing Services • Design Services o Preliminary Engineering Report 1. SURVEYING SERVICES 1.1. Lamb -Star Engineering, LLC, as a subconsultant to Garver, will provide field survey data from field work for designing the project, and this survey will be tied to the Owner's control network. Survey team members will be escorted by Owner's staff and will be required to complete the non -movement area driving guide provided by the Owner's staff. The following is a summary of the surveying services provided under this Scope of Services. 1.1.1. Controls. Establish horizontal and vertical control utilizing the Primary and Secondary Airport Control Stations while providing a control statement describing how horizontal and vertical control will be established. All control will be based on NAD83 (2011) horizontal datum and NAVD88 Geoid 12B vertical datum. a) Provide survey shots of the published runway end points/pins. b) Establish a minimum of two horizontal control points and one vertical benchmark for each quarter mile or route survey or each 15 acres of site survey, unless otherwise specified. c) Survey shall be provided in ground coordinates with a CAF provided for grid conversion. 1.1.2. Survev Toaoaraphv. The topographic survey limits for Runway 16-34 will consist of approximately 110 acres bounded by the Runway Safety Area (RSA) limits that will include all connector taxiways to their respective hold position markings. The subconsultant will perform survey to obtain topography and above ground features (manmade or otherwise) only within the aforementioned areas, including all: a) Ditches and swales with flow line, top, and tow of bank information. b) Electrical structures, edge lights (including center of light and foundation), signs (foundations), cable, and duct markers. c) Storm sewer manholes and pipes with flow line and outfall data to the next drainage structure, even if located outside of the project limits, as well as pipe sizes. i. Note invert flow directions based on N, S, E, W, or NW, SE, etc. ii. Pipe sizes, shape, and material. iii. For inlets, note the number and size of grates d) Utilities (call One Call) only within the aforementioned limits. i. Existing visible aboveground utility structure and markers shall be located and referenced by name (i.e. Oncor, Verizon, AT&T, FAA, etc.) e) Pipe crossings and tags f) Navigational Aids (wind cone, glideslope, signs, PAPI's, lights, etc.) Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER g) Pavement centerlines, edges, and lips. All survey limits shall end at the nearest existing pavement joint. h) Pavement markings. i) Data at a 50-foot grid minimum for grass and pavement areas. 1.2. The subconsultant will maintain coordination efforts with Garver and Airport Operations pertaining to daily site access and the daily limits of work coordination efforts. 1.3. The subconsultant shall process the survey data and provide Garver with one (1) copy of the following within 45 calendar days of the signed agreement: a) File suitable for uploading into AutoCAD Civil 3D. b) Standard CD containing all raw data files or ASCII files of the survey and drawing files. The XYZ files shall be formatted as Point Number, Northing, Easting, Elevation, and description. 2. GEOTECHNICAL SERVICES 2.1. Southwestern Testing Laboratories, LLC, dba STL Engineers & Laboratories (STL), as a subconsultant to Garver, will be responsible for obtaining, interpreting, and evaluating geotechnical data necessary for the design of this project. The following is a summary of the geotechnical services provided under this Scope of Services. 2.2. Field Investiqation. 2.2.1. STL will drill twenty-eight (28) borings within existing pavement to a depth often (10) feet below existing grade (BEG) and three (3) test pits.All borings will be performed during nighttime hours when the runway is closed. Site access and escorting will be provided by the Owner in areas where it is necessary. 2.2.2. Field personnel will drill the borings using truck -mounted equipment. Cohesive and non -cohesive soil samples will be obtained using three-inch diameter Shelby tube samples (ASTM D-1587) and two-inch diameter standard split -spoon samplers (ASTM D-1586), respectively. At the completion of drilling operations, bore holes will be backfilled and plugged with soil cuttings, non -settling granular materials, and either Portland cement concrete or asphalt (if necessary). 2.2.3. An engineering geologist or soils technician will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. 2.2.4. STL will stake or mark the boring locations on the ground using normal taping procedures and a handheld GPS unit. Boring locations will be shown on the plan of borings. 2.2.5. If necessary, STL will perform ground penetrating radar at all bore locations to ensure no underground utilities exist in the bore area. Traffic control may also be performed by placing barricades and placing a person in charge of monitoring traffic while on the project site. 2.3. Laboratory Investiqation. 2.3.1 STL will perform laboratory tests as follows: Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER a) Moisture content and soil identification. b) Atterberg Limits (liquid and plastic limit determinations). c) Percent of soil passing #200 sieve. d) Unconfined compression tests. e) Soluble sulfates/pH tests. f) Lime series. g) Swell — Shrink tests. h) Bulk samples of predominate subgrade will be collected for laboratory CBR testing for both untreated and lime treated soil. 2.4. Enaineerina Services. 2.4.1 The engineering report will be prepared by senior registered engineers and will present the results of the field and laboratory data together with the analyses of the results and recommendations. STL will provide one paper copy of the report and one digital copy. The report will address each of the following: a) Description of site terrain and geology. b) Description of exploration and sampling methods. c) Boring locations plan will be prepared. d) Soil boring logs of each test hole including: i. Approximate surface elevation. ii. Elevation, thickness, description, and classification of each soil stratum. iii. Location and type of soil samples. iv. Laboratory and field results at appropriate depth. V. Apparent location of water table, if encountered. vi. Location of obstructions. e) Soil identification and classification in accordance with the Unified Soil Classification System (ASTM D-2487). f) Results of laboratory tests and procedures, appropriate to site conditions, as follows: i. Classification of potential volumetric swell and shrinkage characteristics of cohesive soils by means of Atterberg Limit Test (ASTM D4318) ii. Water content (ASTM D2216) iii. Passing No. 200 sieve tests (ASTM D1140) iv. Pocket penetrometer V. Unconfined Compressive Tests (ASTM D2166) vi. Dry (unit weight) of soils vii. Modified Proctor (ASTM D1557) and Standard Proctor (ASTM D698) viii. CBR (ASTM D1883) ix. Lime series test X. Soluble Sulfates (Tex 145-E) xi. pH Testing (Tex 128-E) g) Recommendations for geotechnical design considering soil parameters associated with the site conditions: i. Two recommendations for preparation of subgrade of the proposed pavement section: 1) Lime Treated Subgrade (recommend application rate, and CBR and k-values for lime treated subgrade) 2) A recommendation for subgrade that can expedite construction (i.e., an equivalent amount of base in lieu of limes). CBR and k- values for the expedited construction option. ii. Recommendations regarding surface and subsurface drainage, during and after construction. Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER iii. Recommendations regarding preparation of existing soils (native or otherwise) including recommendations regarding undercut and backfill. iv. Recommendations regarding rock excavation and unsuitable excavation. V. Recommendations regarding embankment construction, including material and construction requirements. vi. All recommendations will adhere to the FAA Advisory Circular 150/5320- 6G. 3. NON-DESCRUCTIVE TESTING SERVICES 3.1. The Transtec Group, Inc (Transtec), as a subconsultant to Garver, will be responsible for obtaining, interpreting, and evaluating the structural performance of the existing runway and taxiway pavements included within this scope. 3.2. The evaluation conducted by Transtec will incorporate non-destructive testing (NDT) using a Heavy Weight Deflectometer (HWD). The deflection testing will aid in determining the structural adequacy of the current pavement structure and evaluation of rehabilitation and/or reconstruction alternatives. The following tasks are anticipated: 3.2.1.Proiect Planninq and Coordination. 3.2.1.1. Transtec may participate in one (1) initial kick-off meeting at the Airport and additional meeting via conference call with Garver to discuss scope, project limits, and the data required to complete the pavement evaluation. 3.2.1.2. Transtec will review all readily available historical information, as-builts, construction documentation, and previous geotechnical data to assess the site conditions within the proposed project limits and refine the scope of the field investigation as necessary. At the conclusion of the project, all findings will be presented to the Owner, TxDOT Aviation, and Garver. 3.2.2. Heavv Weiqht Deflectometer (HWD) Testinq and Analvsis. 3.2.2.1. To evaluate the performance of the existing pavements, confirm load bearing capacity, and determine the structural capacity of the pavement sections, Transtec will conduct NDT using a trailer -mounted HWD. The frequency and location of testing will be based on the general guidance of FAA Advisory Circular (AC) 150/5370-11 B. 3.2.2.2. A standard seven sensor configuration at spacings of 0, 12, 24, 36, 48, 60, and 72 inches from the applied load will be used to measure pavement deflections. Deflection testing will also be conducted at select transverse joints to evaluate the load transfer efficiency (LTE) and potentially detect voids beneath the pavement. For this type of testing, an additional sensor will be positioned behind the load. All test locations will be georeferenced using a GPS unit with an accuracy conforming to standard industry practice. 3.2.2.3. Based on the goal of the investigation, total length of runway and taxiways, and guidelines set forth in FAA AC 150/5370-11 B, it is anticipated that the total duration of work will be four (4) nights on -site conducting HWD testing. It is anticipated that test locations will be at every 100 to 400 feet along Runway 16- 34, alternating left and right of the centerline at different offset distances. Along Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER the connector taxiways, the test spacing will be reduced to maximize coverage. The final number of test locations will depend on the current pavement condition, allowable time on site, and other factors. 3.2.3. Geotechnical Investigation. 3.2.3.1. It is expected that the existing pavement structural section will be provided by a separate geotechnical investigation, not conducted by Transtec, and supplemented by as-builts and/or record drawings (if available) and that the firm conducting the geotechnical exploration will follow the general guidelines for field investigations as outlined in FAA AC 150/5320-6G. Prior to the geotechnical investigation, HWD deflection data can be reviewed to aid in the identification of variability along each pavement section. In turn, this information can be used to select boring locations based on prudent engineering judgement to the greatest extent possible. 3.2.3.2. The backcalculation of modulus values of the pavement section and structural strength assessment will be highly dependent on the accuracy of this information. In addition, it is assumed that traffic loading and frequency will be provided to aid in the analysis of the pavement. 3.2.3.3. Transtec will coordinate with the geotechnical engineer to ensure sufficient information is gathered to conduct the pavement evaluation and HWD analysis, including suggested testing type and frequency for field and laboratory testing. Transtect will review the findings and recommendations presented in the geotechnical report as part of the pavement rehabilitation analysis. 3.2.4. Analvsis and Recommendations. 3.2.4.1. Transtec will review the information collected as previously depicted within Section 3.2.1, 3.2.2, and 3.2.3 to prepare a summary report outlining the work conducted and the general findings and observations. An analysis of the structural performance of the pavement relative to the provided current and future airport operations as well as indication of any potential concerns or deficiencies with the existing pavement structure will be submitted. 3.2.4.2. Backcalculation analysis will be completed using the guidelines of FAA AC 150/5320-6G and the latest version of the FAA software BAKFAA. Additionally, the FAARFIELD software can be used to perform remaining life analysis, provide an assessment of the pavement strength (e.g. PCN/PCR), and produce pavement design alternatives. 3.2.4.3. Transtec will assist Garver in the identification of areas that may require an overlay, full -depth repairs, crack sealing, or another rehabilitation strategy. Where reconstruction may be warranted due to insufficient structural capacity or widespread pavement distresses, Transtec can develop pavement design alternatives for consideration. In addition, a life -cycle cost analysis (LCAA) can be performed to select the most viable alternative based on initial construction cost, annual maintenance, and future rehabilitation. 3.2.4.4. The deliverable schedule will be contingent upon the receipt of all necessary supporting information. This includes, but is not limited to, historical data, Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER geotechnical information, and aircraft operations (e.g., fleet mix). Once all information is provided, Transtec will require approximately 6 to 8 weeks to develop a preliminary report. Trantec requests up to 3 weeks to address any comments that are received, issue a final report, and present the final findings to the Owner, TxDOT Aviation, and Garver. 4. DESIGN SERVICES 4.1. General: Garver will serve as the Owner's representative for the project and furnish consultation and advice to the Owner during the performance of this service. Garver will attend conferences alone or with Owner's representatives, local officials, state and federal agencies, and others regarding the scope of the proposed project, its general design, functions, and impacts. 4.2. Owner / Aaencv Coordination: Garver's project manager and/or design team will coordinate with the Owner as necessary to coordinate design decisions, site visits, document procurement, or other design needs. 4.3. Proiect Management Plan / Quality Control Procedures 4.3.1. Garver will develop a project specific project management plan. The project management plan will include the project background, scope of work, stakeholder contact information, project team organization and roles, design criteria, project schedule, deliverables, and quality control procedures. 4.3.2. Garver will complete quality control reviews for each deliverable prior to any design submission to Owner. Quality control reviews will be completed by qualified project managers, project engineers, and/or senior construction observers who are experienced in the relevant discipline and design elements under review. 4.4. Environmental Coordination 1.1.1.Garver will develop a Stormwater Pollution Prevention Plan (SWPPP), including erosion control plans and details. Upon Owner review, the SWPPP and NOI shall be submitted to the Texas Commission on Environmental Quality (TCEQ) for review. Garver will incorporate comments from the review agency. 4.4.1.Garver will coordinate with ICF Incorporated LLC, as a subconsultant to Garver to complete documentation for submission to FAA to receive environmental clearance for the project. ICF will be responsible for reviewing the emissions estimates developed by the client using Airport Construction Emissions Inventory Tool (ACEIT) for the following: a) Runway 16-34 i. Pavement demolition of 190,000 SY of asphalt shoulders and concrete Runway 16-34 pavement. ii. Reconstruction of 144,000 SY of concrete site paving for Runway 16-34 and connector taxiways. iii. Reconstruction of 46,000 SY of asphalt shoulder pavement for Runway 16- 34 and connector taxiways. b) ICF will run the latest version of the U.S. EPA MOVES 3 model to update the emission factor for on -road sources. Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER c) ICF will run the latest version of the TCEQ TexN2.2 to update the emission factors for non -road sources. d) ICF will recalculate the total emissions by project using the average horsepower, load factors, and activity data provided in the ACEIT output file. e) ICF will provide Garver with a spreadsheet that list the on -road and non -road emissions for the years and scenarios modeled in the ACEIT file that is provided to ICF. f) ICF will not update the fugitive emissions. g) ICF will provide the spreadsheets used to re -calculate emission factors using MOVES 3 and TexN2.2 models. 4.5. Construction Safetv and Phasing Plan 4.5.1.Garver will develop a preliminary construction safety and phasing plan (CSPP) for the project. During development of the CSPP, Garver will hold a meeting with Airport staff and other stakeholders at the Airport's request to obtain feedback regarding operations during each proposed phase of construction. 4.6. Existing Conditions Review 4.6.1.Record Document Review: Garver will review record document data from the vicinity of the construction site to evaluate existing conditions. Record document data may include record drawings, record surveys, utility maps, GIS data, and previous design reports. 4.6.2.Site Visits: Garver's civil and electrical engineers will perform up to two (2) site visits to the project site to review existing conditions and evaluate survey and record document data. 4.7. Pavement Design: Garver will develop a fleet mix for the proposed project based on aircraft fleet data from the Traffic Flow Management System Counts (TFMSC). Upon completion of the aircraft fleet mix, Garver will submit the fleet to the Owner for review. Upon approval by the Owner, Garver will use FAARFIELD and life cycle cost analysis methods to develop a recommendation for the most economical pavement design. Based on this analysis and discussions with the Owner, a pavement design for the project will be chosen. For concrete pavement design, Garver will design joint patterns and jointing details. 4.8. Geometric Design: Garver will provide geometric design in accordance with FAA AC 150/5300- 13 (latest edition) or other local standards. The following design criteria will be used for airfield design: • Airplane Design Group (ADG) — IV • Aircraft Approach Category (AAC) — D • Taxiway Design Group (TDG) — 3 • Critical Aircraft — 757-300 Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER 4.9. Modelina,: Garver will develop preliminary vertical alignments based on the requirements of FAA AC 150/5300-13 (latest edition). Upon the completion of vertical alignments, assemblies will be developed based on the pavement design and corridors will be modeled for each runway and taxiway alignment. Modeling will include all surface changes from centerline of corridor to tie into existing grade for the project site. At the completion of individual corridor developments, all corridors will be combined into a final grading surface. Modeling will be an iterative process to determine the most efficient design solution. 4.10. Grading and Drainage: Grading and drainage design shall be completed in accordance with FAA AC 150/5300-13 (Airport Design), FAA AC 150-5320-5 (Airport Drainage Design), and applicable local drainage codes. 4.11. Airfield Electrical 4.11.1.Airfield Liahtina and Sianaae: Garver will provide electrical engineering services to investigate and analyze the existing electrical infrastructure to determine if new lighting improvements will be required on the project. 4.12. Engineer's Report: Garver will prepare an Engineer's Report to outline the project's design criteria and design considerations. The report will discuss design decisions of all major project parameters. A summary of the sections to be included in the Engineer's Report are shown below: • Executive Summary • Project Background • Existing Conditions o Site Survey o Geotechnical Investigation o Project Photographs • Applicable AIP Standards • Construction Safety and Phasing • Geometric Design • Pavement Design • Drainage Design • Airfield Lighting and Signage • Pavement Markings • Environmental Considerations • Utility Design (If necessary) • Miscellaneous Design Items • Project Schedule • Engineer's Opinion of Probable Cost 4.13. Quantities and Engineer's Opinion of Probable Cost: Garver will develop detailed quantities in PDF format for use in construction cost estimating for each design phase. Quantities will be completed by pay item. Upon the completion of quantity development, Garver will review previous cost data and market conditions and complete an Engineer's Opinion of Probable Cost. 4.14. Desian Services Submission and Meetina Summarv: The following design submittal phases shall be included in the fee summary. A summary of each design phase and the associated review meetings is included below. Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 GARVER 4.14.1. Preliminary Engineering Report 4.14.1.1. Garver will develop a Preliminary Engineering Report and submit to the Owner for review. It is anticipated that the Owner will review the design submission within four weeks. 4.14.1.2. At the completion of the Owner review period, Garver will meet with the Owner to review the Preliminary Engineering Report and to receive Owner comments and direction. 5. PROJECT DELIVERABLES 5.1. The following deliverables will be submitted to the parties identified below. Unless otherwise noted below, all deliverables shall be electronic. Preliminary Engineering Report to the Owner and TxDOT Aviation. o One hard copy to the Owner and FAA. Other electronic files as requested. 6. ADDITIONAL SERVICES 6.1. The following items are not included under this agreement but will be considered as additional services to be added under Amendment if requested by the Owner. • Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. • Deliverables beyond those listed herein. • Engineering, architectural, or other professional services beyond those listed herein. • Retaining walls or other significant structural design. • Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP to DEQ. • Construction Administration Services, On -Site Construction Observation, and/or Construction Materials Testing. • Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. • Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. • Services after construction, such as warranty follow-up, operations support, and Part 139 inspection support. 7. SCHEDULE 7.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall complete the work within a mutually agreeable schedule with the Owner. Exhibit A — Scope of Services Runway 16-34 Rehabilitation Garver Project No. 2301498 ATTACHMENT B COMPENSATION Fort Worth Meacham International Airport Runway 16-34 Rehabilitation Title I Service Surveys (Lamb -Star Engineering) Geotechnical (Stl Engineers) Non -Destructive Testing (The Transtec Group) Preliminary Engineering Report Subtotal for Title I Service Estimated Fees $ 80, 700.00 $ 94,500.00 $ 97,900.00 $ 95,500.00 $ 368,600.00 WORK TASK DESCRIPTION E-6 E-4 E-2 E-1 T-3 hr hr hr hr hr 1. Civil Engineering Prepare for PER Kickoff Meeting 2 1 Conduct PER Kickoff Meeting / Site Visit Field Investigation 5 5 5 Prepare PER Kickoff Meeting Minutes 2 Record Research and Review 2 5 Coordination with Surveying Subconsultant 5 Coordination with Geotechnical Subconsultant 5 Coordination with Non -Destructive Testing Subconsultant 5 Coordination with Airport for Surveying, Geotechnical, and NDT 3 3 Services Runway Closures Fort Worth Meacham International Airport Coordination 1 8 Develop Report Schedule and Project Management Plan 4 Technical Analysis Analyze Survey Data 2 4 Perform Runway Grade Evaluation & Review Runway Line of Sight 4 8 Analyze Geotechnical Data and Review Report 1 5 Analyze Non -Destructive Testing Data 1 5 Establish Fleet Mix 2 8 Analyze FAARFIELD Pavement Design Alternatives & Develop 2 8 4 Pavement Options Setup Project Base Files and Exhibit Sheets 4 8 Pavement Life Cycle Cost Analysis 2 2 Conduct Runway Grade Evaluation & Review Runway Line of Sight 4 8 Civil 3D Modeling Setup Alignments 1 4 Setup Assemblies 4 8 Develop Geometric Layout 4 6 Develop Runway 16-34 Corridor Model 8 40 Preparation of Preliminary Engineering Report Develop Report Outline 2 4 General Report Narrative 16 40 Establish Design Criteria 2 Develop Rehabilitation Options 4 4 8 Develop Rehabilitation Exhibits, Figures, and Charts 8 12 Develop Typical Sections 2 4 Develop Phasing Options 4 8 Develop Phasing Exhibits 8 Develop Pavement Markings Exhibits 8 Develop Quantities 8 12 Develop Opinion of Probable Cost 4 8 8 Quality Control Review 8 8 8 Finalize and Submit Draft Report (Hard Copies and eGrants 2 Submittal) Prepare for Draft Report Review Meeting 2 Conduct Draft Report Review Meeting 4 4 Prepare Draft Report Review Meeting Minutes 2 Revise Report for Final Submittal 16 Subtotal - Civil Engineering 24 36 161 Hours 24 36 161 SUBTOTAL - SALARIES: $93,703.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $1,047.00 Postage/Freight/Courier $100.00 Office Supplies/Equipment $150.00 Computer Modeling/Software Use $250.00 Travel Costs $250.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $1,797.00 SUBTOTAL: $95,500.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $95,500.00 8 8 12 102 151 102 151 ATTACHMENT C - SCHEDULE Fort Worth Meacham International Airport (FTW) Runway 16-34 Rehabilitation PER Project Schedule ID Task Name Duration Start Finish 2024 Oct Nov Dec Jan 1 Council Meeting 0 days Tue 10/17/23 Tue 10/17/23 10/ 1.7 Design Contract Execution 14 days Tue 10/17/23 Fri 11/3/23 2 3 PER Kickoff Meeting 1 day Thu 11/16/23 Thu 11/16/23 F Non Destructive Testing 62 days Mon 12/4/23 Tue 2/27/24 4 Field Work 4 days Mon 12/4/23 Thu 12/7/23 5 6 Initial Analysis Results 10 days Fri 12/8/23 Thu 12/21/23 7 Report 46 days Tue 12/26/23 Tue 2/27/24 8 Geotechnical Investigation 48 days Tue 1/2/24 Thu 3/7/24 9 Field Work 6 days Tue 1/2/24 Tue 1/9/24 10 Draft Bore Logs 7 days Wed 1/10/24 Thu 1/18/24 11 Preliminary Reccomendations 21 days Wed 1/10/24 Wed 2/7/24 12 Report 21 days Thu 2/8/24 Thu 3/7/24 13 Survey 60 days Fri11/17/23 Thu 2/8/24 14 Evaluation and Recommendations hi days_ ri 1/19/24 Tue 2� /27/24 15 Runway 1 Rehabilitation Options Worksh�_ led 2/28/241 u 3 7 2 16 Finalize Preliminary Engineering Report 35 days Fri 3/8/24 r7hu 4/25/24 17 City of Fort Worth and TxDOT Review 21 days Fri ATTACHMENT D FORT WORTH.. "I'll City of Fort Worth Federal Contract Provisions FCP-1 GENERAL CIVIL RIGHTS PROVISIONS In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. FCP-2 CIVIL RIGHTS — TITLE VI ASSURANCES TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 0 Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FTW Runway 16-34 Preliminary Engineering Report (PER) M&C 23-0858 CPN 105095 CSO # DOC# DATE: 11/30/2023 INITIALS DATE OUT TO: 4B Nov 30, 2023 1. Aaron Barth fyl Nov 30, 2023 2. Roger Venables Dec 1, 2023 3. Royce Hansen TTH Dec 1, 2023 4. Dana Burghdoff oB 5. Janette Goodall Dec 4, 2023 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑x No RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑x Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information 1 Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 541 for pick up when completed. Thank you. Create New From This M&C REFERENCE **M&C 23- 55FTW RUNWAY 16-34 DATE: 10/17/2023 NO.: 0858 LOG NAME: PRELIMINARY ENGINEERING REPORT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2) Authorize Execution of an Engineering Services Agreement with Garver, LLC in an Amount Up to $368,600.00 for Development of a Preliminary Engineering Report at Fort Worth Meacham International Airport, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an engineering services agreement with Garver, LLC in an amount up to $368,600.00 for the development of a Preliminary Engineering Report at Fort Worth Meacham International Airport; 2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Aviation Gas Lease Capital Project Fund, in an amount of $368,600.00, from available funds, for the purpose of funding the 55FTW RWY 16-34 PER FY23 project (City Project No. 105095); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The Aviation Department is seeking City Council approval to authorize the execution of an engineering services agreement with Garver, LLC. (Garver) in an amount up to $368,600.00 for the development of a Preliminary Engineering Report (PER) for Fort Worth Meacham International Airport (Airport). On April 20, 2022 and April 27, 2022, a Request for Qualifications (RFQ) was advertised in the Fort Worth Star -Telegram for "Engineering Services at City of Fort Worth Meacham International Airport," which included "General Airport Engineering Services" as one of the descriptions of work. On May 12, 2022, two statements of qualifications were received, and a team of three evaluators consisting of members of the Aviation Department evaluated and scored Garver and Mead & Hunt on the following criteria: (a) recent experience of the project team with comparable Airport projects within the last ten years (20 points possible), (b) proposed technical approach (30 points possible), (c) project design schedule and ability to meet schedules and deadlines (20 points possible), (d) construction management experience (20 points possible), and (e) public engagement (10 points possible). The scores were averaged as follows: A B C D E Total Garver 19 29 17 19 9 93 Mead & Hunt 17 26 18 19 8 88 The request for this PER is to determine current conditions of the primary Runway 16-34 (Runway) at the Airport. Based on the Pavement Condition Index (PCI) Update completed in May of 2023, the Runway is in fair shape with a PCI rating spanning from 63 to 81 out of 100. This PER will provide more detailed information about the condition of the Runway to both the Airport and the Texas Department of Transportation (TxDOT), as well as what specific rehabilitation and/or reconstruction is needed in the coming years. In addition to the PER, surveying, geotechnical and non-destructive testing services will be completed, as well as a Federal Aviation Administration (FAA) Categorical Exclusion (CATEX) checklist. Funding is available in the Unspecified -All Funds project within the Aviation Gas Lease Capital Projects Fund for the purpose of funding the 55FTW RWY 16-34 PER FY23 project. GARVER, LLC is in compliance with the City's Business Equity Ordinance by committing to 11\% MWBE participation on this project. The City's MWBE goal on this project is 11\%. City of Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Aviation Gas Lease Cap Proj Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Aviation Gas Lease Cap Proj Fund for the 55FTW RWY 16-34 PER FY23 project. Prior to an expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # I Amount ID ID Year (Chartfield 2) FROM Fund Department Account I Project ID ID Submitted for Citv Manager's Office by Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year Dana Burghdoff (8018) Roger Venables (6334) Tyler Dale (5416) Reference # I Amount (Chartfield 2) 230919 105095 FTW Runwav 16-34 Preliminary Engineering Report Comp Memo Slcined RL.pdf (CFW Internal) 55FTW RUNWAY 16-34 PRELIMINARY ENGINEERING REPORT funds availabilitv.pdf (CFW Internal) FID Table.XLSX (CFW Internal) Form 1295.0f (CFW Internal)