HomeMy WebLinkAboutContract 64005City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 1 of 16
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: Hangar 5C Area Drainage Study at Meacham
International Airport.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $86,000.00 as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment C to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made.
Article III
Term
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. Unless specifically otherwise amended, the original term
shall not exceed five years from the original effective date.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 2 of 16
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.
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. Designation of Engineer’s Personnel
(1) The ENGINEER and CITY shall agree upon the designation of
the ENGINEER’s “Project Manager” prior to starting work on contract.
(2)ENGINEER shall inform CITY in writing of a proposed change
to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3)ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 3 of 16
(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.
E. 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.
F. 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.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 4 of 16
(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.
G. 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.
H. 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
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 5 of 16
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 no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
I. 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.
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 subconsultant agreements
hereunder a provision to the effect that the subconsultant 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
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
written notice of intended audits.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 6 of 16
(3) ENGINEER and subconsultant agree to reproduce 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.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment E and City has approved
such 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 respondeat 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,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 7 of 16
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 effect 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.
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 D.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 8 of 16
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
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
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the 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.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 9 of 16
(3) The CITY will include in each agreement it enters into with any other entity 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.
I. 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.
J. 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.
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
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 10 of 16
irrevocable, non-exclusive, royalty-free license to use the same for the
purposes contemplated under this Agreement.
C. Force Majeure
CITY and ENGINEER shall exercise good faith efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
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, epidemics/pandemics, wars, riots, material or labor restrictions
by any governmental authority and/or any other similar causes.
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 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.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable 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.
(2) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all projected termination expenses. The
CITY'S approval shall be obtained in writing prior to proceeding with
termination services.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 11 of 16
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
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.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 12 of 16
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 from and against all 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 Agreement by itself or its employees, in conjunction with or related
to the performance of ENGINEER’s services under this Agreement.
K.Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY’s or ENGINEER’s respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L.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 (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-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
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 13 of 16
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.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
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 contract, ENGINEER certifies
that ENGINEER’S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. 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 OF THE
CAUSE OR ACTION.
O.Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, the CITY is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of
the contract. The terms “boycott energy company” and “company” have the
meaning ascribed to those terms by Chapter 2276 of the Texas Government
Code. To the extent that Chapter 2276 of the Government Code is
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 14 of 16
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.
P.Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, the CITY is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more
which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains
a written verification from the company that it: (1) does not 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. 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.
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.
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 15 of 16
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Project Schedule
Attachment D - Location Map
Attachment E – Insurance Requirements
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)
City of Fort Worth, Texas Hangar 5C Area Drainage Study
Standard Agreement for Engineering Related Design Services at Meacham International Airport
Revised Date: August 18, 2025
Page 16 of 16
BY:
CITY OF FORT WORTH
BY:
GARVER, LLC
Valerie Washington
Assistant City Manager
Date:__________________
Mitchell McAnally
Vice President
Date:____________________________
ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:
Roger Venables
Director, Aviation
APPROVED AS TO FORM AND LEGALITY
By:
Candace Pagliara
Assistant City Attorney
M&C No.:___N/A____________________
M&C Date:__N/A____________________
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
September 23, 2025
GARVER
ATTACHMENT A
SCOPE OF SERVICES
Generally, the Scope of Services includes the following professional services for the Hangar 5C Area
Drainage Study at the Meacham International Airport to City of Fort Worth Existing Community Flood
Risk Area (CFRA). The Drainage Study will be conducted as shown in the attached Exhibit B.
1. DRAINAGE STUDY
1.1 Garver will serve as the AirporYs (FTW) representative for the project and furnish
consultation and advice to the Airport during the performance of this service. Garver will
attend conferences alone or with Airport'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 The basis of the hydrologic and hydraulic analysis will be the existing FTW Midfield
Taxiway Redevelopment Autodesk Storm and Sanitary Analysis (SSA) existing conditions
model of the storm sewer system draining the Hangar 5C area, previously developed for
another project. References to "storm sewer system" hereinafter in this Scope of Services
mean the storm sewer system draining the Hangar 5C area to the outfall from FTW
property unless otherwise specified. This Scope of Services excludes modeling of any
other disconnected storm sewer systems draining to separate outfalls.
1.3 Garver will collect publicly available GIS data, including lidar topographic data, aerial
photographs, and City of Fort Worth stormwater information needed for the Project.
1.4 Garver will request and review available airfield record drawings from the City of Fort
Worth. Garver will assume any record drawings provided by the City of Fort Worth are
correct.
1.5 The City of Fort Worth and Flannagan shall furnish Garver plans and records of
construction and operation of existing facilities, available aerial photography, reports,
surveys, or copies of the same, related to or bearing on the proposed work as may be in
the possession of The City of Fort Worth. Such documents or data will be returned upon
completion of the Services or at the request of The City of Fort Worth.
1.6 Any necessary information not available from record drawings will need to be surveyed. If
required, Garver will provide a request for survey information to the Airport, but survey is
not part of Garver's Scope of Services. Garver will assume any survey data provided by the
Airport or by any third party at the direction of the Airport is correct.
1.7 Garver will convert the existing conditions FTW Midfield Taxiway Redevelopment SSA
model to an Infoworks ICM model based on collected data, record drawings, and survey
data provided by the Airport (if required). Garver will extend the existing conditions
Infoworks ICM model of the storm sewer system to the outfall at the airport property
boundary or zone of influence to determine if there are impacts from the proposed
development.
1.8 Garver will update the Infoworks ICM model to comply with the July 2024 City of Fort Worth
Drainage Manual criteria. Garver will review the City of Fort Worth Hangar 5C drainage
comments prepared by Stormwater Development Services (SDS) dated June 25, 2025,
and will update the existing conditions model accordingly.
1.9 Garver will develop a proposed conditions Infoworks ICM model of the storm sewer system
based on the current Hangar 5C design plans prepared by Flanagan.
1.10 Garver will review the proposed conditions model results and determine the required
design improvements to comply with City of Fort Worth Drainage Manual criteria. Garver
will develop a maximum of two (2) design alternatives, if applicable.
1.11 Garver will provide Flanagan with the necessary files and information to update the Hanger
5C design plans. Garver will conduct a cursory review of Flanagan's Hangar 5C stormwater
GARVER
design plans to verify conformity with the information provided in Garver's analysis. This
shall not be a detailed technical quality control design review.
1.12 Garver will attend a maximum of two (2) design conferences with Flanagan and City of Fort
Worth SDS to resolve design comments.
1.13 Garver will provide a maximum of two (2) revised submittals to the City of Fort Worth SDS.
1.14 Garver will prepare a Drainage Report meeting the requirements of City of Fort Worth
Drainage Manual.
1.15 The City of Fort Worth and Flannagan shall provide thorough review and consideration to
all documents and other information presented by Garver and informing Garver of all
decisions within a reasonable time so as not to delay the Services.
2. DESIGN SERVICES
2.1. General: Garver will prepare a detailed drainage study for Hangar 5C at Meacham
International Airport (FTV�. These designs shall conform to the standards of practice ordinarily
used by members of Garver's profession practicing under similar conditions and shall be
submitted to the City of Fort Worth from which approval must be obtained.
2.2. Owner / Aqencv 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.
2.3. Project Management Plan / Quality Control Procedures
2.3.1 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.
2.3.2 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. Weekly internal progress
meetings will be held during all design phases to ensure adequate quality control
throughout the design phases.
3. PROJECT DELIVERABLES
3.1. The following deliverables will be submitted to the parties identified below. Unless otherwise
noted below, all deliverables shall be electronic.
• PDF Drainage Study Report describing the findings of the planning level analyses to the
City of Fort Worth and Meacham International Airport (FTV�
o One hard copy
• Other electronic files as requested.
GARVER
4. ADDITIONAL SERVICES
4.1. 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.
• 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.
• Obtain the necessary lands, easements and right-of-way for the construction of the work.
All costs associated with securing the necessary land interests, including property
acquisition and/or easement document preparation, surveys, appraisals, and abstract
work, shall be borne by the Client outside of this Agreement.
• The analysis and all associated deliverables are intended to be for existing conditions
and Hanger 5C only. No additional deliverables or hydraulic modeling analyses will be
provided for future developed conditions.
• Preliminary surveys and other site investigations
• A current boundary survey with easements of record plotted for the project property.
• Payment for plan reviews or advertising costs in connection with the project.
• Provide legal, accounting, and insurance counseling services necessary for the project
and such auditing services.
• Provide permits, permit fees, and approvals from all governmental authorities having
jurisdiction over the project and others as may be necessary for completion of the project.
• Furnish a current geotechnical report for the proposed site of construction. Garver will
coordinate with the Client's geotechnical consultant on the ClienYs behalf for the project
specific requested information.
Attachment 6
Fort Worth Meacham Airport (FTW)
Hangar 5C Area Drainage Study
Compensation
Title I Service
Estimated Fees
Lump Sum Drainage Study $ 86,000.00
Subtotal for Title I Service $ 86,000.00
Attachment B
Hangar 5C Area Drainage Study
Drainage Study
WORK TASK DESCRIPTION E-6 E-5 E-3 AM-3
hr hr hr hr
1. Civil
Coordination with Client 4
Coordination with City of Fort Worth (2 virtual meetings) 2 4 4
Internal Weekly Progress Meetings (6) 6 6 6
DRAINAGE ANALYSIS
Develop Existing Conditions (EC) Model Mesh 24
Develop EC nodes and links 12
Develop EC land use 4
Develop EC runoff coefficients 4
Incorporate hydrology updates into the model 8
Extend EC model to airport boundary 16
Develop Proposed Conditions (PC) Model Mesh 8
Develop PC nodes and links 4
Develop PC land use 2
Develop PC runoff coefficients 2
Incorporate hydrology updates into the PC model 2
Develop PC model to airport boundary 4
Evaluate PC model results and develop (2) alternative designs 16
QA/QC Models 24
Incorporate QA/QC Review Comments 16
DRAINAGE REPORT
Develop Drainage Report 24
Develop Drainage Report Appendices and Maps 20
QA/QC Report Review 12
Incorporate QC Review Comments 16
Cursory Review of Flanagan Stormwater Plan Sheets 4 16
Submit Submittal to City of Fort Worth 4 4 4
Address City of Fort Worth Comments 40
Subtotal - Civil � 6 50 252 4
Hours
SUBTOTAL - SALARIES:
16 50 252
$84,798.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $250.00
Postage/FreighGCourier $200.00
Office Supplies/Equipment $289.00
Computer Modeling/Software Use $240.00
Travel Costs $223.00
SUBTOTAL - DIRECT NON-LABOR EXPENSES:
SUBTOTAL:
SUBCONSULTANTSFEE:
TOTAL FEE:
$1,202.00
$86,000.00
$0.00
$86,000.00
GARVER
ATTACHMENT C
SCHEDULE
1. SCHEDULE
1.1. Garver shall begin work under this Agreement within ten (10) days of execution of this
Agreement and shall complete the work in accordance with the schedule below:
Design Phase Calendar Months
15' Drainage Study information submitted 4 Weeks from Notice to Proceed (NTP)
to Flanagan for plan sheet updates
2"a Drainage Study submitted to Flanagan 3 weeks from receiving City Review Comments
for plan sheet updates
Additional Comments from City 2 weeks from receiving City Review Comments
ATTACHMENT D
LOCATION MAP
�
�
�
�.r��
•
I
.�
A
.�. �
� . .
., �
.,
1 '�' � y�+ �
r . 4
:
� p
� ���
i � �d � � �i �, r
1�'� . � -.
'� ,1.1 � �`�.�r
Y � . �
�J ' ��� �` '' ��`�.
' :i �
� iA � . _ —
.. �
. �
�� �.
: � �`•
` °' - = �i, n
.� ����: ��� i
� � � ��i
-; - - � � , r�
.:� � � e��
" �,��`�� � ,. � .
�� -, �,.
, ; �,� �,,.,. .�: ,a.
�. - ,,;,a . .
���,. �,�.�
��
, � . .�.�.- ;
' `_�_ _ "�'1�.
� . �.!� � ..,
� , � ri.� ')
� .-�� •• 7 N' t
, 4 i �.. ,�
�,_, �- �,. ..
� r.
,� �— ►. ��. � , __ � c
� � S
� . • ' S - -�%/� ��,,t.
.� ♦ / '
� � ��
'�. F� , ' .
� � _ �'�
�.�
� ,�.t _. � �
' _ ' i''`",,,�`�; ;!� `
— � �^ � , � , '� --
� ,'\ ''`� '�.
, �
i � � "� \
,, .`_.: _• ,
�' J, �
1 -�`�ti�._ � ` i \`
•� � � ; `
I '-�'1`0 0 ( ���' ; ' �
� � 1
� .:L . • i�'� 1
_ `v � ^ �
� ; r� �
� � ` �
.'9'�'�"
4` �
� r
� �
Hangar 5C Are�' �/` �`
y-- ; � _�' 4—,
, � 4
►t� . -�
��s
�'�' .
�. �: r �
��
. ��� 1 '-
� ,�
��`"�-�
F � ..�- � I
��F�� �
,• ' ` • 3' � .
.;� � � � �
--, � �, �
�� � ,
�,
� �
�--� �� —�s
� , [ii - ' �'�1
� n. ,v �"� �
.- w ��
� �-
1 � -; �
. '� ,,, r�
, : �.� . -.,
���r�� .
: •� �;�
■ I�
Rev. 5.04.21
ATTACHMENT E
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability – Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. 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
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 City specifically approves such exclusions in writing.
ii. Insured waives all rights against 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 Agreement.
b. Business Auto – Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
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 Insured’s
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
CFW Standard Insurance Requirements
Rev. 5.04.21
Page 2 of 4
c. Workers’ Compensation – Insured shall maintain workers compensation and
employer’s liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against 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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) – Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. To the extent of Engineer’s indemnity obligations, applicable policies shall be
endorsed to name City as an Additional Insured, as its interests may appear,
and must afford the City the benefit of any defense provided by the policy.
The term City shall include its employees, officers, officials, and agents as
respects the contracted services. Applicable policies shall each be endorsed
with a waiver of subrogation in favor of City with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured’s insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements
Rev. 5.04.21
Page 3 of 4
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured’s liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker’s compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days’ notice of cancellation or material change in
coverage shall be provided to City by Engineer. A ten (10) days’ notice by
Engineer shall be acceptable in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City’s Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its 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 City.
i. The City hereby accepts Engineer’s self-insured retention in excess of
$25,000 as part of this Agreement.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured’s insurance policies, with premium amounts redacted,
including endorsements thereto and, at City's discretion, Insured 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 this 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.
l. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage commensurate with the
subcontractor’s scope of work as required by Insured. Upon City’s request,
CFW Standard Insurance Requirements
Rev. 5.04.21
Page 4 of 4
Insured shall provide City with documentation thereof.
Routing and Transmittal Slip
___________________________________
Department
DOCUMENT TITLE: __________________________________________
M&C______________ CPN______________ CSO #______________ DOC#______________
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 No
RUSH:Yes No SAME DAY:Yes No NEXT DAY:Yes No
ROUTING TO CSO: Yes No
Action Required:
d
our Information
Signature/Routing and or Recording
Return to:Please call _____________________at ext._____ for pick up when completed. Thank you.
DATE: 9/23/2025 INITIALS DATE OUT
TO:
1. Aaron Barth
2. Roger Venables
3. Candace Pagliara
4. Valerie Washington
5. Janette Goodall
6.
tudy
Aviation
Tyler Dale 541
X
X
X