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HomeMy WebLinkAboutContract 63904CSC No. 63904 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 G rver LLC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Construction Administration and Oversight Services for the Airport Frontage Improvements Project Along North Main Street at 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" — Project Exhibit 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 $353,000.00 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 Construction Administration & Oversight Services at 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 advice and furnishing customary services incidental thereto and identified in more detail within Attachment "A" herein. Standard Agreement for Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at Meacham International Airport Between City of Fort Worth and Garver, LLC Page 6 of 20 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial G neral 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 Standard Agreement for Construction Administration & Oversight Services at Meacham International Airport Between City of Fort Worth and Garver, LLC Page 7 of 20 — ENGINEER shall maintain workers 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) G NERAL 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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. I. 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 Construction Administration & Oversight Services at 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 NYTHING N 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at 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 Construction Administration & Oversight Services at Meacham International Airport Between City of Fort Worth and Garver, LLC Page 19 of 20 BY: CITY OF FORT WORTH Va LW44--W/L Valerie Washington (Sep 3, 2025 10:57:52 CDT) Valerie Washington Assistant City Manager Date: 09/03/2025 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. Katya Flores Senior Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY By: CanPfOTI O5:01 "Ri Candace Pagliara Assistant City Attorney 0 p pFo f OR T �Bd eoe0000a !Y � ATTEST: POo o=d° /� PPP* 00 000*�d / "ni.�tifas wn.� P�Q�rEXP?o'O.o Con 1, Chavez (Sep3, 202515:12:12 CDT) llp Jannette Goodall City Secretary Standard Agreement for Construction Administration & Oversight Services at Meacham International Airport Between City of Fort Worth and Garver, LLC Page 20 of 20 BY: GARVER, LLC Mitchell McAnally Vice President Date: September 2, 2025 M&C No. 25-0635 M&C Date 6/24/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A (SCOPE OF SERVICES) Generally, the Scope of Services includes the following professional services for improvements to the Airport Frontage Improvements Construction project at Fort Worth Meacham International Airport (FTW). The Scope of Services is for the Construction Phase Services by Garver, LLC (hereinafter referred to as "Garver") for the City of Fort Worth (hereinafter referred to as "Owner"). A summary of the total fee to perform the work outlined in this scope of services can be found in Exhibit B. • Construction Administration Services • On -Site Resident Project Representative Services • Project Closeout Services 1. CONSTRUCTION ADMINISTRATION SERVICES 1.1. 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. 1.2. Upon completion of the bidding services, Garver shall begin the construction phase of the work and will accomplish the tasks further described below. 1.3. Issued for Construction (IFC) Documents 1.3.1.Garver will compile bid addendums and any other necessary plan changes due to post - bid project updates and/or funding changes into a final Issued for Construction (IFC) set of plans and specifications. 1.4. Submittals 1.4.1.Garver will evaluate and respond to construction material submittals and shop drawings unless they are included on the City of Fort Worth pre -approved products listing. Products not included on the pre -approved list will be reviewed by Garver and upon acceptance the contractor will be required to upload them to eBuilder for City approval. Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 1.5. Preconstruction Meeting 1.5.1.Garver will attend the preconstruction meeting. In preparation for the preconstruction meeting, Garver will review the preconstruction agenda. The preconstruction meeting will Exhibit A — Scope of Services City of Fort Worth FTW Airport Frontage Improvements Construction Garver Project No. 2500778 be ran by City of Fort Worth Transportation and Public Works (TPW) department who will provide the agenda for the meeting. 1.6. Proaress Meetinas 1.6.1.As a minimum, Garver's Project Manager, Project Engineer, and Resident Project Representative (RPR) will attend monthly progress meetings with the Owner and Contractor. It is expected that 3 meetings will be held on -site, and 13 meetings will be held via conference call. To the extent possible, progress meetings and visits to the site of the work should be scheduled to coincide with each new phase of construction and other times when Garver's presence is desirable. Garver's project engineer or his qualified representative will be available at all times work is in progress for telephone contact by the RPR. Garver's project manager shall direct, supervise, advise, and counsel the Resident Project Representative and construction observation personnel in the accomplishment of Garver's duties. Garver will prepare for and attend any utility construction meetings as required. 1.7. Owner Coordination 1.7.1.Garver will consult with and advise the Owner during the construction period. Garver will submit written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop with Garver invoices. 1.8. RFIs 1.8.1.Garver will issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. 1.9. Proaress Pavments 1.9.1.Garver will review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted and will make a recommendation to the Owner regarding payment. Garver's recommendation for payment shall not be a representation that Garver has made exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work; (2) to review billings from Subcontractors and material suppliers to substantiate the Contractor's right to payment; or (3) to ascertain how the Contractor has used money previously paid to the Contractor. Upon review of the progress payments, the Contractor will upload quantities into eBuilder for TPW review. 1.10. Record Drawinas 10.1. Garver will maintain a set of working drawings and provide information for preparation of record drawings of the completed project. This information will be incorporated into final record drawings completed as part of Closeout Services and final record drawings will be provided to the Owner after project completion. Garver shall prepare a set of utility record drawings and prepare and furnish record drawings to local utilities as required. 1.11. Chanae Orders 11.1. When authorized by the Owner, Garver will prepare change orders or supplemental agreements for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the Exhibit A — Scope of Services City of Fort Worth FTW Airport Frontage Improvements Construction Garver Project No. 2500778 preparation of these change order documents, the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver. 1.12. Finallnspection 1.12.1. Garver will participate in a final project inspection with the Owner and Contractor, review final project closeout documents, and review the final pay request. All closeout documents shall be provide to TPW by the contractor as directed. 2. ON -SITE RESIDENT PROJECT REPRESENTATIVE SERVICES 2.1. Garver will provide full-time Resident Project Representative (RPR) services for a total of 1,710 hours. The RPR will conduct observation for 40 hours per week for 42 weeks during the construction contract performance until the contract hours are used. An additional 30 hours for preconstruction coordination, conferences, punch list coordination, final inspection, and closeout support. If the construction extends beyond the hours established in this agreement or if the Owner wishes to increase the time or frequency of the observation, the Owner will pay Garver an additional fee agreed to by the Owner and Garver. All RPR personnel shall have the appropriate experience and qualifications. 2.2. During the construction period, Garver's RPR will provide or accomplish the following: • Consult with and advise the Owner during the construction period. Garver will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. • As necessary, conduct safety meetings with the Contractor. • Coordinate with the firm providing construction materials quality assurance testing. Coordinate with this firm to ensure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency. • Perform intermediate inspections in advance of the final inspection. • Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. • Monitor the contractor's conformance to the approved construction safety and phasing plan. 2.3. In performing construction observation services, Garver will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor(s); but Garver does not guarantee the performance of the Contractor(s), nor is Garver responsible for the actual supervision of construction operations. Garver does not guarantee the performance of the contracts by the Contractors nor assume any duty to supervise safety procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site. However, if at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Garver will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be taken. 3. PROJECT CLOSEOUT SERVICES 3.1. At the conclusion of construction, Garver will assist the Owner with project closeout by providing a final project report which will include all necessary documents required for Exhibit A — Scope of Services City of Fort Worth FTW Airport Frontage Improvements Construction Garver Project No. 2500778 closeout. Closeout documentation will be provided within 60 days of the final payment to the Contractor. 4. PROJECT DELIVERABLES 4.1. The following deliverables will be submitted to the parties identified below. Unless otherwise noted below, all deliverables shall be electronic. • Issued for Construction Plans and Specifications to the Owner and Contractor o Two hard copies to the RPR o Four copies to the City of Fort Worth (4 half size) • Reviewed submittals to the Contractor • Record Plans and Specifications to the Owner o One hard copy to the Owner • Other electronic files as requested 5. ADDITIONAL SERVICES 5.1. 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. Changes conditions may include, but are not limited to major changes to pavement, building, or utility alignments. • Deliverables beyond those listed herein. • Pavement Design beyond that furnished in the Geotechnical Report. • Design of any utility relocation beyond what was included in the IFB Documents. • Engineering, architectural, or other professional services beyond those listed herein. • Retaining walls or other significant structural design. • The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP to TCEQ. • Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. • Permitting for environmentally sensitive areas. • Drainage analysis for approval by City of Fort Worth jurisdiction. • Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. • Geotechnical investigation • Survey services • Design services • Drainage study services • Airspace analysis • Bidding services • Substantial completion letter or checklist 6. SCHEDULE 6.1. 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 City of Fort Worth FTW Airport Frontage Improvements Construction Garver Project No. 2500778 Attachment 6 City of Fort Worth FTW Airport Frontage Improvements COMPENSATION Title II Service Estimated Fees Construction Administration $ 150,400.00 Lump Sum On -Site Resident Project Representative Services $ 193,600.00 Hourly + Fixed Fee Closeout Services $ 9,000.00 Lump Sum Subtotal for Title II Service $ 353,000.00 Total All Services $ 353,000.00 Attachment B City of Fort Worth FTW Airport Frontage Improvements Construction Administration WORK TASK DESCRIPTION E-6 E-5 E-4 hr hr hr 1. Project Administration Coordination with Client 4 Coordination with Transportation & Public Works Inspector 20 External Coordination (Utility, City, etc.) 8 Internal Coordination 4 4 Contract Preparation 2 Review and Analysis of Contractors Schedule Subtotal - Project Administration 4 0 38 2. Civil Engineering Prepare IFC Plans and Specs and submit to Contractor 4 Attend Preconstruction Meeting (2 people, on -site) 4 Coordination with RPR (4 hr/Month) 52 Develop Submittal Log Develop RFI Log Prepare Change Orders 4 Response to Contractor and RPR Inquiries 4 20 Prepare for (Virtual) Progress Meetings (13 meetings) 4 13 Attend (Virtual) Progress Meetings (2 people,13 meetings) 6 18 Prepare for (On -Site) Progress Meetings (3 meetings) 1 6 Attend (On -Site) Progress Meetings (2 people, 3 meetings) 3 12 Prepare and Distribute Construction Progress Meeting 16 Minutes (16 meetings) Site Visits (2 people, 6 visits) 24 Shop Drawings/Submittal Review & Responses 15 Final Walkthrough (On -site, 2 people) 4 Complete Warranty Inspection 4 Subtotal - Civil Engineering 22 0 192 3. Electrical Engineering Prepare IFC Plans and Specs and submit to Contractor 1 Coordination with RPR (5 hr/Month) 65 Develop Submittal Log Prepare Change Orders 4 Response to Contractor and RPR Inquiries 8 Prepare for and Attend (Virtual) Progress Meetings (1 13 people, 13 meetings) Site Visit (1 person, 2 visits) 8 Shop Drawings/Submittal Review & Responses 4 Final Walkthrough (On -site, 1 person) 4 Subtotal - Electrical Engineering 0 107 0 Hours 26 107 230 SUBTOTAL - SALARIES: $149,615.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $200.00 Office Supplies/Equipment $150.00 Computer Modeling/Software Use $200.00 Travel Costs $235.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $785.00 E-3 E-1 hr hr 4 4 20 24 4 2 4 2 2 8 20 30 4 4 66 2 1 12 15 105 13 12 24 10 69 0 73 SUBTOTAL: SUBCONSULTANTS FEE: $150,400.00 $0.00 TOTAL FEE: $150,400.00 Attachment B City of Fort Worth FTW Airport Frontage Improvements On -Site Resident Project Representative Services WORK TASK DESCRIPTION C-1 E-5 hr hr 1. Civil Engineering Pre -construction Coordination 15 Resident Project Representative Services (42 1680 weeks @ 40 hr/Week @ $113/hr) Post -construction Coordination (punch list, final 15 inspections, closeout support Subtotal - Civil Engineering 1710 0 Hours 1710 0 SUBTOTAL - SALARIES: $193,230.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $190.00 Office Supplies/Equipment $180.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $370.00 SUBCONSULTANTS FEE + MARK UP $193,600.00 TOTAL FEE: $193,600.00 E-4 hr 0 0 E-3 hr 0 0 Attachment B City of Fort Worth FTW Airport Frontage Improvements Closeout Services WORK TASK DESCRIPTION 1. Civil Engineering Develop and Distribute Record Documents Coordinate Spare Parts and O&M Manuals Complete Warranty Inspection Review and Submit Final Construction Pay Application Prepare and Submit Final Reconciliation Change Order Assemble Submittals and Responses Complete Construction Closeout Checklist Provide Sponsor Certification for Construction Project Final Acceptance Subtotal - Civil Engineering Hours SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Office Supplies/Equipment SUBTOTAL - DIRECT NON -LABOR EXPENSES: SUBTOTAL: SUBCONSULTANTS FEE: TOTAL FEE: E-6 E-5 hr hr 3 3 2 0 8 0 8 E-4 hr 2 1 3 6 1 13 13 $8,775.00 $120.00 $105.00 $225.00 $9,000.00 $0.00 $9,000.00 E-1 hr 10 2 2 14 14 ATTACHMENT C ID Task Mode Task Name 1 Pre Construction Meeting 2 Notice to proceed 3 W# Mobilization 4 W# Zone B 5 W# SWPPP Installation Zone B 6 W4 Traffic Control Zone B 7 W, Begin Demolition Zone B 8 W,} Tree Removals 9 W4 Existing Utility Relocations 10 W4 Adjust Sewer Manholes 11 wo Adjust water Vaults 12 W4 Water Line Lowering's 13 wo Relocate Existing 4" Fiber Optic 14 W4 Storm Line A Installation 15 wo Install Storm Boxes 16 W4 Install Storm Inlets 17 W, Storm Line B Installation 18 W4 Install Storm Boxes 19 wo Install Storm Inlets Task Split Milestone Project: Fort Worth Airport Fron Date: Thu 8/28/25 Summary Project Summary Inactive Task Inactive Milestone Start Finish Tue 8/12/25 Tue 8/12/25 Tue 9/2/25 Tue 9/2/25 Tue 9/2/25 Tue 9/2/25 Tue 9/2/25 Wed 6/3/26 Tue 9/2/25 Wed 9/3/25 Tue 9/2/25 Tue 9/2/25 Wed 9/3/25 Wed 10/8/25 Wed 9/3/25 Tue 9/23/25 Wed 9/10/25 Tue 10/28/25 Wed 9/10/25 Mon 9/29/25 Wed 9/10/25 Mon 9/29/25 Wed 9/10/25 Tue 10/21/25 Wed 9/10/25 Tue 10/7/25 Fri9/26/25 Thu 1/29/26 Fri 10/24/25 Fri 11/21/25 Fri 1/30/26 Wed 2/18/26 Tue 10/28/25 Wed 1/7/26 Thu 11/27/25 Wed 12/17/25 Thu 1/8/26 Wed 1/21/26 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4 Auc I Sea Oct I Nov I Dec Jan I Feb I Mar Aar I Mav I Jun Jul I Aua I Sea Oct 1-4 Inactive Summary External Tasks Manual Task I External Milestone O ♦ Duration -only Deadline b Manual Summary Rollup Progress 0 o Manual Summary I Manual Progress Start -only C Finish -only 7 Page 1 I ID Task Mode Task Name Start Finish 20 W4 Storm Line C Installation Tue 12/16/25 Mon 2/16/26 21 W4 Install Storm Boxes Thu 1/15/26 Thu 2/12/26 22 W4 Install Storm Inlets Fri 2/13/26 Fri 2/27/26 23 ■4 Electrical Installation Fri 9/26/25 Thu 1/15/26 24 EP} Site Excavation and Grading Tue 2/17/26 Tue 3/17/26 25 W} Install sidewalks Fri 1/30/26 Wed 4/8/26 26 W4 Driveway Demolition Thu 4/9/26 Mon 4/13/26 27 W4 Driveway installation Tue 4/14/26 Tue 5/12/26 28 wo Install Paver Wed 5/13/26 Tue 6/2/26 29 W4 Monument Signage Installation Thu 4/9/26 Wed 5/20/26 30 wo Monument Lighting Installation Thu 4/30/26 Wed 5/6/26 31 W4 Wayfinding Signs Installation Wed 5/13/26 Tue 5/19/26 32 wo Final Grading Wed 4/29/26 Mon 5/18/26 33 W4 Landscaping Installation Wed 5/6/26 Wed 6/3/26 34 wo Zone A Thu 10/9/25 Thu 12/4/25 35 W# Install SWPPP Zone A Thu 10/9/25 Thu 10/9/25 36 wo Install Traffic Control Zone A Thu 10/9/25 Thu 10/9/25 37 W, Begin Zone A Demolition Thu 10/9/25 Tue 10/28/25 38 wo Tree and Shrub Removals Zone A Thu 10/9/25 Fri 10/17/25 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4 Au( Spa Oct I Nov I Dec Jan I --eb � Mar Apr � Mav I Jun Jul I Aua I Sea Oct i■— �1 Task Inactive Summary 0 — — — — — — 1-1 Split Manual Task ♦ � Project: Fort Worth Airport Fron Milestone Duration -only Date: Thu 8/28/25 Summary I Manual Summary Rollup Project Summary o o Manual Summary Inactive Task Start -only C Inactive Milestone Finish -only 7 Page 2 External Tasks External Milestone O Deadline b Progress Manual Progress ID Task Mode (Task Name 39 wo Concrete Removals Zone A 40 W4 Site Grading 41 W4 Relocation of Existing Utilities 42 ■4 Install Curb and Gutter 43 EP} Install Sidewalks 44 W4 Install Driveway 45 W4 Install Pavers 46 W4 Electrical Installation 47 wo Install Gateway Sign 48 W4 Landscape Installation 49 W4 Install Way -Finding Signage 50 W4 Zone C 51 wo SWPPP Installing Zone C 52 W* Traffic Control Zone C 53 wo Tree and Shrubs Removals Zone C 54 W4 Demolition Removals Zone C 55 wo Relocation of Existing Utilities Zone C 56 W Electrical Improvements Zone C 57 W; Install Curb & Gutters Start Finish Thu 10/9/25 Wed 10/29/25 Mon 10/20/25 Thu 11/6/25 Mon 10/27/25 Fri 11/7/25 Mon 10/20/25 Fri 11/7/25 Mon 10/20/25 Mon 11/17/25 Mon 11/3/25 Thu 11/20/25 Fri 11/21/25 Thu 11/27/25 Fri 11/7/25 Wed 11/26/25 Fri 11/7/25 Thu 11/27/25 Tue 11/18/25 Mon 12/1/25 Tue 12/2/25 Thu 12/4/25 Thu 6/4/26 Wed 7/8/26 Thu 6/4/26 Thu 6/4/26 Thu 6/4/26 Thu 6/4/26 Thu 6/4/26 Wed 6/10/26 Thu 6/11/26 Wed 6/24/26 Thu 6/11/26 Mon 6/22/26 Thu 6/4/26 Wed 6/24/26 Thu 6/18/26 Thu 7/2/26 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4 Auc Sep Oct � Nov � Dec Jan I Feb I Mar Aar I Mav I Jun Jul I Aua I Sea Oct F Il �I I Task Inactive Summary External Tasks ■ Split Manual Task I I External Milestone Milestone ♦ Duration -only Deadline Project: Fort Worth Airport Fron Date: Thu 8/28/25 Summary I Manual Summary Rollup Progress Project Summary o o Manual Summary I Manual Progress Inactive Task Start -only C Inactive Milestone Finish -only 7 Page 3 �N ID Task Mode Task Name 58 W4 59 W4 60 1% 61 ■4 62 1% 63 W4 64 wo 65 W4 66 wo 67 W4 68 wo 69 W4 70 wo 71 W* 72 wo 73 W4 74 wo 75 W4 76 wo Sidewalk Installation Zone C Driveway Installation Zone C Site Final Grading Zone C Landscape Improvements Zone C Way -Finding Signage Zone C Zone D Traffic Control Zone D Install SWPPP Zone D Relocate Existing Utilities Electrical Improvements Install Way -Finding Zone E Install Traffic Control Zone E Install SWPPP Electrical Improvements Lighting Installation Way -Finding Installation Final Clean Final Walk Project: Fort Worth Airport Fron Date: Thu 8/28/25 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Start Thu 6/11/26 Tue 6/23/26 Mon 6/29/26 Thu 7/2/26 Thu 7/2/26 Tue 7/7/26 Tue 7/7/26 Tue 7/7/26 Tue 7/7/26 Tue 7/7/26 Tue 7/28/26 Fri 7/31/26 Fri 7/31/26 Fri 7/31/26 Mon 8/3/26 Mon 8/17/26 Wed 8/26/26 Mon 8/31/26 Mon 9/21/26 Finish Fri 6/26/26 Wed 7/1/26 Wed 7/1/26 Wed 7/8/26 Mon 7/6/26 Thu 7/30/26 Tue 7/7/26 Tue 7/7/26 Mon 7/13/26 Mon 7/27/26 Thu 7/30/26 Fri 8/28/26 Fri 7/31/26 Fri 7/31/26 Fri 8/14/26 Tue 8/25/26 Fri 8/28/26 Fri 9/18/26 Mon 9/21/26 Inactive Summary Manual Task Duration -only Manual Summary Rollup Manual Summary Start -only Finish -only Page 4 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4 Au( Sea Oct I Nov I Dec Jan I Feb I Mar Apr � Mav l Jun Jul l Aua � Sea Oct External Tasks External Milestone Deadline Progress Manual Progress O b ID Task Mode Task Name 77 W, Punch List Project: Fort Worth Airport Fron Date: Thu 8/28/25 Start Finish Mon 9/21/26 Fri 10/9/26 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4 Auq Sea Oct I Nov I Dec Jan I Feb I Mar Aar I Mav I Jun Jul I Aua I Sea Oct 4 Task Inactive Summary External Tasks Split Manual Task I I External Milestone O Milestone ♦ Duration -only Deadline b Summary I Manual Summary Rollup Progress Project Summary o o Manual Summary I Manual Progress Inactive Task Start -only C Inactive Milestone Finish -only 7 Page 5 ATTACHMENT D FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FTW Airport Frontage Improvements Construction Oversight Agreement M&C 25-0635 DATE: 8/29/2025 TO: 1. Aaron Barth 2. Roger Venables CPN 100602 3. Candace Pagliara 4. Valerie Washington 5. Jannette Goodall 59 CSO # DOC# INITIALS DATE OUT 09/02/2025 Aaron Barth R e enables 09/02/2025 GP 09/02/2025 09/03/2025 09/03/2025 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. City of Fort Worth, Texas Mayor and Council Communication DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0635 LOG NAME: 55FTW AIRPORT FRONTAGE IMPROVEMENTS CONSTRUCTION OVERSIGHT SUBJECT (CD 2) Authorize Execution of a Professional Services Agreement with Garver, LLC in an Amount Up to $629,550.00 for Construction Management Services for the Airport Frontage Improvements Project at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize execution of a professional services agreement with Garver, LLC in an amount up to $629,550.00 for construction management services for the Airport Frontage Improvements project at Fort Worth Meacham International Airport (City Project No. 100602). 1]&10111*410]kqF The Aviation Department is seeking City Council approval to authorize execution of a professional services agreement with Garver, LLC (Garver) in an amount up to $629,550.00 for construction management services for the Airport Frontage Improvements project (Project) at 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. After analyzing the submitted proposals in accordance with the City of Fort Worth (City) procedures, Garver was selected. Garver also provided the design for this Project. This Project will be located along the frontage of the Airport on North Main Street (Main Street), beginning at Northwest 38th Street (NW 38th St.) to the Airport's northernmost Gate 1, just south of Interstate 820 (see attached map). This Project will address critical improvements to airport drainage and utility infrastructure, enhance safety, and upgrade airport aesthetics. Key elements of the Project include: • Drainage Improvements: Installation of a fully enclosed drainage system to enhance stormwater management at the Airport • Curb and Gutter Installation: Construction of new curb and gutter systems to improve drainage • Pedestrian Sidewalks: Installation of pedestrian sidewalks to promote walkability and improve pedestrian safety • Underground Electrical Infrastructure: Replacement of existing overhead powerlines with underground electrical systems to improve reliability and visual appearance • Street Lighting: Installation of new light poles to enhance nighttime visibility and public safety for airport tenants and visitors • Wayfinding Signage: Implementation of strategically placed signage to improve navigation to Airport businesses and services • Gateway Monument Signs: Construction of gateway monument signs to mark entry points at the Airport's north and south boundaries Funding for this Project is available in the Municipal Airport Capital Proj Fund for the 55FTW Airport Frontage Improve project, as appropriated. The Business Equity Division placed a 12.90% business equity goal on this solicitation/contract. Garver, LLC will be exceeding the goal at 54.02%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Municipal Airport Capital Proj Fund for the 55FTW Airport Frontage Improve project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Valerie Washington 6199 Oriainatina Business Unit Head: Roger Venables 6334 Additional Information Contact: Tyler Dale 5416