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HomeMy WebLinkAbout065034 - Construction-Related - Contract - Garver LLCCSC No. 65034 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: Construction Phase Services for the Gate 1 Turn Lane project at Fort Worth 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 $39,195.00 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 A 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 1 of 15 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 Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 2 of 15 (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. (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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 3 of 15 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 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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 4 of 15 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. (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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 5 of 15 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 D 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 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. City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedules 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. 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. City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 7 of 15 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. (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. City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 8 of 15 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 irrevocable, non-exclusive, royalty -free license to use the same for the purposes contemplated under this Agreement. City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 9 of 15 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. 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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 10 of 15 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. 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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 11 of 15 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 (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. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 12 of 15 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 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 City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 13 of 15 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. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Schedule Attachment D — 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 Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 14 of 15 BY: CITY OF FORT WORTH Valerie Washington (Apr 14, 2026 14:30:21 CDT) Valerie Washington Assistant City Manager Date: 04/14/2026 ongn p o1 pOHT �l a0 ATTEST: ~° OV8 gSp aaQIl nEXa?o44 i Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Roger Venables Director, Aviation APPROVED AS TO FORM AND LEGALITY y. Ca d,—, Pad—, -Apr 14 2G261 33% CDTI Candace Pagliara Assistant City Attorney Contract Compliance Manager: BY: GARVER, LLC r Mitchell McAfTally Vice President Date: April 14, 2026 M&C No.: N/A M&C Date: N/A 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Gate 1 Turn Lane Construction Phase Services Standard Agreement for Engineering Related Design Services at Fort Worth Meacham International Airport Revised Date: August 18, 2025 Page 15 of 15 CARVER ATTACHMENT A SCOPE OF SERVICES Generally, the Scope of Services includes the following professional services at Meacham International Airport. Construction Phase Support Services associated with the Right Turn Lane Design. 1. Construction Phase Support Services 1.1. Garver will coordinate with the Airport throughout the duration of the project. Garver will provide consultation and advice to the Owner throughout the performance of this service. 1.2. Garver shall attend the pre -construction conference to be held at Meacham International Airport (FTW). Garver will have the Senior Project Manager and Project Manager attend this preconstruction meeting. 1.3. After the pre -construction conference, Garver shall provide project exhibits and attend one (1) public meeting to help explain the proposed projects to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. Garver will have the Project Manager attend this public meeting. For expense reimbursement purposes, the anticipated location of the meeting is to be held at FTW. 1.4. Garver shall conduct periodic site visits as needed during duration of construction. Garver's Project Manager shall prepare and collaborate with City PM on a Construction Progress Report using the City's standard format. Garver's project manager will submit the report to City's document management system (eBuilder). The project is scheduled for 60 consecutive calendar days. For periodic visits, Garver shall conduct four (4) periodic visits between day and prior to meetings associated with punchlist. 1.5. Garver shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. Garver shall log and track all shop drawings, samples and other submittals in the City's document management system (eBuilder). 1.6. Garver shall review material substitution requests, issue a recommendation and incorporate approved substitutions into the Record Drawings. 1.7. As requested by the CITY, Garver shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor, review change orders, and make recommendations as to the acceptability of the work. The Garver will meet with the Project Delivery Team and Contractor on -site to review any field changes. For budgeting purposes, only (2) site visits directly related to RFI will be setup for the project. 1.8. Garver shall attend the "Final" project walk through and assist with the preparation of the final punchlist. This will include a single site visit (1) to develop the punchlist. This does NOT include a pre-punchlist walk. CARVER 2. Closeout Services As a part of the closeout process, Garver shall prepare Record Drawings. The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. At a minimum, the City shall provide the following information: • As -Built Survey provided by the contractor, which includes vertical and horizontal coordinates of all water, sewer and storm drain assets, and in accordance with the Construction (As -Built) Survey Specification • Red -Line Markups from the Contractor • Red -Line Markups from City Inspector • Approved Substitutions 2.1. Garver shall verify accuracy of the data provided by contractor and conformance with requirements. 2.2. Garver shall modify Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the Engineer and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. 2.3. Garver shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher). The set must include the cover sheet bearing City official signatures. Garver may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. The deliverable shall be as follows: • There shall be one (1) PDF file and one (1) CAD file for the TPW plan set and a separate PDF and CAD file for the Water plan set, if required. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: • TPW file name example — "W-1956_org47.pdf'where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf CARVER a Both PDF files shall be uploaded to the project's Record Drawing folder in the City's document management system (eBuilder). o For information on the proper manner to submit Record Drawing files and to obtain a file number for the project, Garver's Project Manager should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. 3. ADDITIONAL SERVICES 3.1. 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. • Topographical Survey, Geotechnical, or Subsurface Site Investigations • Deliverables beyond those listed herein. • Design of any utility relocation. • 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 TDEC. • On -Site Construction Observation and Construction Materials Testing. • Preparation of substantial completion or final acceptance letters addressed to the contractor. • Coordinating and conducting periodic construction progress meetings. • Contractor Payroll Reviews and/or Small Business Compliance. • 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. ATTACHMENT B Meacham International Airport Right Turn Lane - Construction Support Services COMPENSATION Title I Service Estimated Fees Construction Support Services $ 39,195.00 Subtotal for Title I Service $ 39,195.00 ATTACHMENT B Meacham International Airport Right Turn Lane Construction Support Services WORK TASK DESCRIPTION E-6 E-5 E-1 D-2 Aviation Dallas Aviation Dallas Aviation Dallas Aviation Dallas hr hr hr hr 1. Construction Support Services (CSS) 1.1 Owner Coordination/General Management 4 10 1.2 Preconstruction Meeting (2 people, 1 visit) 4 4 1.3 Public Meeting (1 people, 1 visit) 4 1.4 Periodic Site Visits (1 person, 4 visits) 16 1.5 Shop Drawings/Submittal Reviews 8 32 1.6 Subsitution Requests 2 4 1.7 Request for Information and Responses (1 person, 2 visits) 12 16 1.8 Final Project walk through (1 person, 1 visit) 4 Subtotal - Construction Support Services (CSS) 8 60 52 0 2. Closeout Services 2.1 Review and Verify City provided Data 4 2.2 Modify Record Drawings 4 10 2.3 Review and Submit Record Drawings 2 Subtotal - Closeout Services 0 10 10 0 Salary Costs $3,360.00 $23,870.00 $10,602.00 $0.00 SUBTOTAL - SALARIES: $37,832.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $160.00 Office Supplies/Equipment $180.00 Computer Modeling/Software Use $200.00 Mileage: 90 miles round trip/trip for 9 trips = 810 miles @ $0.72/mi. _ $583.20 Meals: 1 lunch/person/trip = 10 meals @ $15/meal = $150 Travel Costs (Rounded) $823.00 Non -mileage expenses (tolls): $10/trip for 9 trips = $90 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $1,363.00 SUBTOTAL: $39,195.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $39,195.00 CARVER ATTACHMENT C SCHEDULE The anticipated schedule associated with Attachment A — Scope of Services is as follows: Right Hand Turn Lane - Construction Phase Services Schedule Construction Phase Services (NTP) 7/7/2026 7/7/2026 Contractor NTP 7/28/2026 7/28/2026 Construction Duration (60 Days) 7/28/2026 9/26/2026 Final Punch List Walk 9/12/2026 9/12/2026 Closeout 10/26/2026 10/26/2026 ATTACHMENT D 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. 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 4 Rev. 5.04.21 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 Page 2 of 4 Rev. 5.04.21 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. I. 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 Page 3 of 4 Rev. 5.04.21 Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 4 of 4 Rev. 5.04.21 FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FTW Gate 1 Turn Lane Construction Phase Services M&C CPN 104125 CSO # DOC# DATE: 4/14/2026 INITIALS DATE OUT TO: 04/14/2026 1. Aaron Barth Aaron Barth 04/14/2026 R 2. Roger Venables Venables 04/14/2026 3. Candace Pa tiara c VK-D 04/14/2026 4. Valerie Washington 04/14/2026 5. Jannette Goodall Ja nette Goodall 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑x Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information 1 Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑ Yes ❑ No ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Garver LLC. Subject of the Agreement: Construction Phase Services for the Gate 1 Turn Lane project at Meacham International Airport. M&C Approved by the Council? * Yes ❑ No ii If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 9 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date of Execution If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No W *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If'applicable. 104125 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.