HomeMy WebLinkAboutContract 55313 CSC No. 55313
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 Jacobs Engineering Group Inc., authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: Final Design of and
Bidding Phase Services for Phase II of the Taxiway Papa Extension Project at Fort Worth
Alliance Airport.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A"—Scope of Services;
3. Attachment "B"—Compensation;
4. Attachment "C" - Reserved
5. Attachment "D"— Project Schedule;
6. Attachment "E"— Location Map;
7. Attachment "F"—Verification of Signature Authority;
Attachments "A", "B", "C", "D", "E", "F", and "G" which are attached hereto and
incorporated herein, are made, a part of this Agreement for all purposes. In the event of
any conflict between the terms and conditions of the Attachments and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement shall control.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$323,270.85 as set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first.
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Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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thereto.
E. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish. materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings ;
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years. This is a
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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federally funded project. Due to the nature of the scope of services
described in Attachment A, the CITY has established a disadvantaged
business enterprise (DBE) goal of 27% for this contract.
J. Right to Audit/ Responsibilities Upon Audit by Federal or State
Government
(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 notice of intended audits.
(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 notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
(4) The services to be performed under this Agreement are part of a federally
funded project. ENGINEER agrees that in the event of a separate audit or
investigation conducted by a federal or state governmental entity related to the
federally funded project associated with this Agreement ("Government Action"),
ENGINEER will (i) provide copies of directly pertinent books, documents,
papers and records of the ENGINEER maintained and in possession of the
ENGINEER involving transactions relating to this Agreement requested by the
federal or state governmental entity and (ii) participate in meetings and respond
to inquiries requested by either the CITY or the federal or state governmental
entity investigating or auditing the federally funded project to the extent those
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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meetings or inquiries (a) relate to this Agreement and the work performed by
ENGINEER under this Agreement and (b) are required by the Government
Action.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth, 200
Texas Street, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
E. 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.
I'16i. 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, 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
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between ,
The City of Fort Worth and Jacobs Engineering Group Inc.
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ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Q. Record and Invoice Retention
Section 2 of the Code of Federal Regulations (CFR), specifically 2 CFR
200.333-200.337, requires that a sponsor retain all grant related
documentation for three years after the sponsor submits the final payment
request. Since this Agreement is related to the management of an FAA
grant funded project, ENGINEER agrees to maintain all records and
invoices, including sub-contractor invoices, related to the project associated
with this Agreement for at least five (5) years and to provide all records and
invoices, including sub-contractor invoices to the City upon completion of the
work listed under this Agreement or at any time throughout the term of this
Agreement if requested by the City.
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.
D. 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.
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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C. 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.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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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.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER cost
of or time required for performance of the services, an equitable adjustment
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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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 each phase of this
AGREEMENT upon receipt of a written Notice to Proceed from the CITY as
also specified in Exhibit A.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, 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.
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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C. Force Majeure
CITY and ENGINEER will exercise good faith efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held
liable for any delay or omission in performance, except performance of the
obligation of a Party to pay moneys under or pursuant to this Agreement,
due to force majeure or other causes beyond their reasonable control,
including, but not limited to, compliance with any government law,
ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes;
lockouts; natural disasters; wars; riots; epidemics or pandemics; government
action or inaction; orders of government; material or labor restrictions by any
governmental authority; transportation problems; restraints or prohibitions by
any court, board, department, commission, or agency of the United States or
of any States; civil disturbances; other national or regional emergencies; or
any other similar cause not enumerated herein but which is beyond the
reasonable control of the Party whose performance is affected (collectively,
"Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure
Event, and an explanation as to how it prevents or hinders the Party's
performance, as soon as reasonably possible after the occurrence of the
Force Majeure Event, with the reasonableness of such notice to be
determined by the City in its sole discretion. The notice required by this
section must be addressed and delivered in accordance with this
Agreement.
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 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against 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, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
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.
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
Page 16 of 22
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER STALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
If Engineer has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply. Engineer acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, City is
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
Page 17 of 22
ii
prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this Agreement, Engineer certifies
that Engineer's signature provides written verification to City that
Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.
M. Changes of Work
The ENGINEER shall make such revisions in the work included in this
AGREEMENT which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays
and without additional cost to the CITY. If the CITY finds it necessary to
request changes to previously satisfactorily completed work or parts thereof,
the ENGINEER shall make such revisions if requested and as directed by
the CITY. This will be considered as additional work and paid for as
specified under Additional Work.
N. Additional Work
Work not specifically described under"Scope of Services" must be approved
by supplemental agreement to this AGREEMENT by the CITY before it is
undertaken by the ENGINEER. If the ENGINEER is of the opinion that any
work he has been directed to perform is beyond the scope of this agreement
and constitutes extra work, he shall promptly notify the CITY in writing. In the
event the CITY finds that such work does constitute extra work, then the
CITY shall so advise the ENGINEER, in writing, and shall provide extra
compensation to the ENGINEER for doing this work on the same basis as
covered under Compensation and as provided under a supplemental
agreement. The lump sum fee shall be adjusted if additional work is
approved by supplemental agreement and performed by the ENGINEER.
O. Consequential Damages
Notwithstanding any other provision of this AGREEMENT to the contrary,
the parties hereto mutually agree that neither party shall be liable to the
other for any indirect, incidental, consequential, exemplary, punitive or
special damages or loss of income, profit or savings of any party, including
third parties, arising directly or indirectly from the parties' relationship under
this AGREEMENT or applicable law. This provision does not apply in the
event that the City is required to pay back any Federal grant funding or is
required to pay damages to the Federal Government related to the project
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
Page 18 of 22
associated with this Agreement resulting from the negligence of ENGINEER
in performance of its services, regardless of whether the damages could be
considered indirect, incidental, consequential, exemplary, punitive, or special
damages.
P. Limit to Use Hard Copies
As a component of the Services provided under this AGREEMENT,
ENGINEER may delivery electronic copies of certain documents or data (the
"Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of the CITY. The CITY and its consultants, contractors and
subcontractors may only rely on the Hard Copies furnished by the
ENGINEER to the CITY. If there is any discrepancy between Electronic File
and the corresponding Hard Copy, the Hard Copy controls.
Q. Acceptance Procedure
The CITY acknowledges that Electronic Files can be altered or modified
without the ENGINEER's authorization, can become corrupted and that
errors can occur in the transmission of such Electronic Files. The CITY
agrees that it will institute procedures to preserve the integrity of the
Electronic Files received from ENGINEER until acceptance. The CITY
further agrees that it will review the Electronic Files immediately upon receipt
and conduct acceptance tests within thirty (30) days, after which period the
CITY shall be deemed to have accepted the Electronic Files as received.
The ENGINEER will undertake commercially reasonable efforts to correct
any errors in the Electronic Files detected within the 30-day acceptance
period. The ENGINEER shall not be responsible to maintain the Electronic
Files after acceptance by the CITY.
R. Warranty of Compatibility
The ENGINEER does warrant and represent that the Electronic Files will be
compatible with or useable or readable by systems used by the CITY and its
consultants, contractors and subcontractors. The ENGINEER is not
responsible for any problems in the interaction of the Electronic Files with
other software used by the CITY or its consultants, contractors and
subcontractors.
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
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
Page 19 of 22
I
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
SIGNATURE PAGE TO FOLLOW
Final Design and Bidding Phase Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
Page 20 of 22
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Jacobs Engineering Group Inc.
- Fernando Cost
Fernando Costa Sindhu Avalokita
Assistant City Manager Operations Leader
Date: Feb 15,2021 Date: 02/08/2021
APPROVAL RECOMMENDED:
By:
Roger Venables
Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Tyle~ �2021 1
Tyler Dale
Airport Project Coordinator
APPROVED/ASS,TO FORM AND LEGALITY
Thomas Royce Hansen
Assistant City Attorlie}
o?
ATTEST: Eft , Form 1295 No. 2020-678708
Mary J. Kayser M&C No. 20-0854
yeti
City Secretary
M&C Date: 11/17/2020
Final Design and Bidding Phase Engineering Services t�
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between OFFOCIAL RECORID
The City of Fort Worth and Jacobs Engineering Group Inc.Page 21 of 22 MY SERE_TRY
FT, `FORTH,TX
1
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.JACOBS
Attachment A
Scope of Services
Final Design of Taxiway P Phase 2
Alliance Airport
Fort Worth, Texas
PROJECT DESCRIPTION
Taxiway P is a parallel taxiway to Runway 16R-34L at the Alliance Aircraft Design Group V
(ADG-V) aircraft accessing facilities on the west side of the airport. Phase 1 of Taxiway P has
been designed and is anticipated to be under construction in the third quarter of 2020. Phase 1
includes approximately 20,250 square yards of full-strength Portland Cement Concrete (PCC)
pavement, consisting of 1,039 feet of Taxiway P, 287.50 feet of Taxiway E, and approximately
134 feet of Taxiway P2 (north connecter to the Amazon Air Cargo facility.
Phase 2 of Taxiway P will include extension of Taxiway P to the south by 1,257 feet to connect
with the existing edge of pavement at Taxiway D, extension of Taxiway P to the north by 641
feet, construction of 287.50 feet of Taxiway F between Taxiway,{P and Runway 16R-34L, and
construction of Taxiway F between Runway 16R-34L and Runway 16L-34R.
The Taxiway P Phase 2 improvements will include
• Demolition of existing shoulder pavements at Taxiway D, Runway 16R-34L and Runway
16L-34R;
• Clearing and grubbing the site of existing vegetation;
• Grading and drainage improvements;
• Full-strength PCC taxiway pavement, stabilized subbase, and lime-treated subgrade;
• Hot-mixed asphalt taxiway shoulders, crushed aggregate base, and lime-treated
subgrade;
• Airfield pavement markings;
• Taxiway edge and centerline lights for Taxiway D, Taxiway F, and Taxiway P
• Airfield guidance and holding position signs;
• Erosion and sedimentation controls; and
• Revegetation of all disturbed areas.
July 23,2020 Page 1 of 7
JACOBS
SCOPE OF SERVICES
This scope of work for this contract is to complete the final design of Phase 2 of the Taxiway P
Project.
This scope of work will result in plans and specifications suitable for requesting bids from
contractors. The development of this scope assumes that multiple bid alternates will be required
to assure that available funding is utilized to the fullest extent. The bid package will include a
base bid and two alternates as follows:
1. A Base Bid, consisting of Taxiway P north to Taxiway F (approximately 641 feet), and
Taxiway F, between extended Taxiway P and Runway 16R-34L (approximately 287.50
feet);
2. Alternate 1, consisting of Taxiway F, between Runway 16R-34L and Runway 16L-34R
(approximately 450 feet); and
3. Alternate 2, consisting of Taxiway P south to Taxiway D (approximately 1,257 feet).
This scope of work includes three (3) submittals. The first submittal will be delivered to the
Alliance Airport Staff (AFW) and the local Federal Aviation Administration representative(s)
(FAA) for review at the 95% level of completion. Upon receipt of comments, a comment
resolution meeting, and incorporation of comments, the design package will be resubmitted at
the 100% level of completion for verification that all comments have been addressed. Upon
acceptance of the 100% design, the construction documents will be issued for bidding.
Each submittal will include:
® Construction drawings;
o Specifications and contract documents;
® Engineer's design report;
• Construction Safety Phasing Plan (CSPP);
• FAA Form 7460-1 (95% submittal only)
FAA Advisory Circulars referenced throughout this document refer to current editions at the time
of contract execution.
1 PROJECT MANAGEMENT/DESIGN MANAGEMENT
Management activities will consist of planning, scheduling, budgeting, stakeholder coordination
and communication for the development and advancement of the design of the Project.
1.1 Project Execution Plan
A detailed Project Execution Plan will be submitted within fourteen (14) calendar days of the
Notice to Proceed. The work plan will identify the execution and management of the work
throughout the length of the contract. The work plan will include:
• Roles and responsibilities of key team members will be confirmed and lines of authority
and communication identified. This will be submitted as an organization chart or other
type of exhibit that clearly identifies roles, responsibilities and lines of communication.
July 23,2020 Page 2 of 7
JACOBS
• A detailed Project schedule will be prepared that identifies dates for key meetings,
duration of design activities, submittals, deliverables and other important milestones for
the completion of the work.
1.2 Subcontract Management
The Engineer will manage all subconsultants' contracts including contract scope, fee, executed
agreements, monthly invoicing and MWBE reporting as necessary.
1.3 Document Control
The Engineer will manage electronic document retention of project deliverables, including but
not limited to; Project Execution Plan, subcontracts, status reports, meeting minutes, grant
documentation and other Project relevant documentation and reports as needed.
1.4 Monthly Status Report
The Engineer will maintain regular communications with the AFW and other stakeholders. A
monthly report will be prepared to demonstrate the progress and status of the Project. This
report will include narrative discussion of issues, accomplishments and schedule updates.
1.5 Coordination Meetings
The Engineer will attend coordination meetings with stakeholders to coordinate and
communicate issues related to the Project. It is anticipated that key staff will attend bi-weekly
project coordination meetings for the duration of the design. It is anticipated that the design
process will occur over a period of four (4) months and that there will be a three (3) month
bidding process. The Engineer will meet with AFW and FAA on a monthly basis and the Design
Team on a bi-weekly basis for the duration of the Project.
1.6 Construction Cost Estimate and Program Budget
The Engineer will develop and maintain a construction cost estimate for the Project. This
information will be included in the master budget for Taxiway P Program. We will provide a cost
estimate at 95% submittal and at final submittal.
1.7 Project Schedule
The Engineer will develop a design and construction schedule that will be maintained for the
duration of the Project. It is anticipated that the design process will occur over a period of four
(4) months and that there will be a three (3) month bidding process.
1.8 FAA Grant Assistance
o Meet with City of Fort Worth (COFW) on a monthly basis
o Track expenditure for grants associated with Taxiway P
Reconcile Taxiway P grant expenditures on a monthly basis
® Prepare grant request forms
• Reconcile Exhibit A of the Airport Layout Plan (matching land credit funds)
July 23,2020 Page 3 of 7
JACOBS
1.9 Quality Control
The Engineer will prepare a Project Specific Quality Plan (PSQP), tailored to meet the COFW
and FAA requirements. The PSQP defines internal Engineer's review and subsequent approval
for each deliverable or original work the Engineer generates for the project. The Engineer's
PSQP is tied to FAA design guidelines and regulations, design checklists for final preparation
packages (estimate, specifications, special provisions, certifications, etc.) Every item of work or
document we produce requires at least one additional level of review before submitted to AFW.
1.9.1 95% Internal Review
Prior to submitting the construction documents to the applicable review agencies, the Engineer
will perform a detailed review as outlined in the PSQP. Comments will be generated and
distributed to the team. Comments will be annotated and incorporated into the plans and
specifications prior to submission for review by AFW and FAA.
1.9.2 95% External Review
Upon completion of the 95% internal review the Engineer will provide AFW and FAA the plans
and specifications for their review. The 95% external review process will include the following
steps:
• Review the comments generated by AFW, COFW, and FAA
• Prepare a response (agree or disagree, etc.)
• Review responses with the agencies
• Incorporate comments
1.9.3 Bid Submittal Review
Prior to distribution of the bid documents, the Engineer will perform a final review to ensure all
comments have been incorporated. The Engineer will then meet with the agencies to
demonstrate how comments have been addressed.
2 CONSTRUCTION DRAWINGS
Jacobs will prepare the following engineering drawings for the Taxiway P Phase 2 project.
Drawings will be prepared in a 22-inch by 34-inch format and issued as PDF files in three steps
/stages, a 95% submission, a 100% submission and an Issued for Bid (IFB) level of completion.
The following drawings will be prepared for the project:
• Cover Sheet and Index
• General Notes and Legend
Quantities
® Contract Layout Plan
• Construction Safety and Phasing Plans
• Civil Demolition Plans
• Erosion and Sedimentation Control Plans
• Airfield Geometry Plans
Taxiway Centerline Profiles
Airfield Grading and Drainage Plans
July 23,2020 Page 4 of 7
JACOBS
• Airfield Paving Plans
• Airfield Paving Details
• Airfield Pavement Marking Plans
• Airfield Pavement Marking Details
• Airfield Lighting and Signage General Notes and Legend
• Airfield Lighting and Signage Demolition Plans
• Airfield Lighting and Signage Layouts
• Airfield Lighting and Signage Circuit Layouts
• Airfield Lighting and Signage Schedules
• Airfield Lighting and Signage Details
3 SPECIFICATIONS AND CONTRACT DOCUMENTS
3.1 City of Fort Worth Contract Documents
The COFW has standard construction contract documents that must be incorporated into the
bid documents. The Engineer will obtain the most recent version of these documents. Any
modifications will be coordinated with the COFW and the agreed upon version included in our
bid documents.
3.2 FAA General Provisions
Use of the FAA General Provisions contained in AC 150/5370-10H is mandatory for all AIP
funded projects. Jacobs will edit the General Provisions where indicated and include them in the
Project Manual.
3.3 FAA Mandatory Contract Provisions
Jacobs will include the latest version of FAA Mandatory Contract Provisions that are required for
AIP funded projects. Jacobs will edit the provisions where required and include the latest Davis
Bacon Wage rates for heavy civil / highway construction.
3.4 Technical Specifications
Technical specifications will be prepared based upon FAA AC 150/5370-10H. Any modifications
to the standard FAA technical specifications requiring a Modification of Standards (MOS) from
the FAA will be identified to the City so that the MOS process may be initiated.
4 ENGINEER'S DESIGN REPORT
Jacobs will prepare an Engineer's Design Report in accordance with FAA guidance. The report
will address the general scope of the project, provide a listing of applicable FAA standards,
address key operational issues identified in the CSPP, pavement design, drainage design,
airfield lighting and signage, NAVAIDs, pavement marking, environmental considerations, utility
lines in the work area, requested modifications of AIP standards, identification of any non-AIP
work, DBE participation, project schedule, and project budget.
July 23,2020 Page 5 of 7
JACOBS°
5 CONSTRUCTION SAFETY AND PHASING PLAN (CSPP)
The FAA requires that a CSPP be prepared for projects that lie within the AOA on airports that
are certified under Part 139. Construction Phasing Plan sheets were developed during the
design phase. In addition to the plan sheets the CSPP should identify coordination, phasing,
areas and operations affected by the construction activity, protection of NAVAIDs, contractor
access, wildlife management, FOD management, HAZMAT management, notification of
construction activities, inspection. requirements, underground utilities, penalties, special
conditions, runway and taxiway visual aids, marking and signs for access routes, hazard
marking and lighting, protection of runway and taxiway safety areas, object free areas, obstacle
free zones, approach /departure surfaces, and limitations on construction. These requirements
are outlined in AC 150/5370-2F.
4.1 Draft(95%) CSPP
At the 95% level, the CSPP will be submitted for FAA review. The CSPP is submitted
electronically through the FAA's Obstruction Evaluation /Airport Airspace Analysis (OE /AAA).
The FAA typically requires 45 days for review.
4.2 Final CSPP
Comments received from the 95% review will be incorporated and submitted as final in
conjunction with the bid submittal of the construction documents.
4.3 Airspace Submittal
In administering Title 14 of the Code of Federal Regulations (CFR) Part 77, the prime objective
of the FAA is to promote air safety and the efficient use of the navigable airspace. To
accomplish this mission, aeronautical studies are conducted based on information provided by
proponents.
The Engineer will submit the CSPP electronically through the FAA's Obstruction Evaluation /
Airport Airspace Analysis (OE/AAA). The FAA typically requires 90 days for a determination.
5 CONSTRUCTION COST ESTIMATE
5.1 Preparation of Construction Cost Estimate
A detailed construction cost estimate will be prepared for the 95%, 100%, and Issued for Bid
submittals. Quantities for each bid item will be measured from the design plans and the unit
price for each bid item will be researched and identified.
Estimates of construction cost represent the Consultant's best judgment as a design
professional familiar with this type of construction work. It is recognized, however, that
neither the Consultant nor the Owner has control over the cost of labor, materials or
equipment, or the Contractor's methods of determining bid prices, or competitive bidding,
market or negotiating conditions. Accordingly, the Consultant cannot and does not
warrant or represent that bids will not vary from the Owner's Project budget or from any
estimate of construction cost prepared or agreed to by the Consultant.
July 23,2020 Page 6 of 7
I
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JACOBS
6 DRAFT CONSTRUCTION MANAGEMENT PLAN
6.1 The FAA requires Sponsors to prepare a Construction Management Plan for projects
which contain paving work in excess of$250,000. The Construction Management Plan shall be
furnished to the FAA prior to the start of construction and shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract,
including, but not limited to, all quality control provisions and tests required by the Federal
specifications. Jacobs will prepare a draft Construction Management Plan for submittal to the
FAA for review prior to bidding the project. The Draft Construction Management Plan can be
finalized once a construction contractor is selected.
7 BIDDING PHASE SERVICES
7.1 Pre-Bid Meeting
The Engineer will prepare, in coordination with the Airport, a pre-bid meeting agenda to provide
prospective bidders with an overview of the Project and answer any contractor questions and
attend the pre bid meeting. The Engineer will facilitate the meeting.
7.2 Prepare Addenda
The Engineer will prepare addenda to the bid documents as required. This may be in the form of
revised plans, sketches/details and/or revisions to the specifications and responses to
contractor questions.
7.3 Evaluate Bids
The Engineer will attend the bid opening meeting and will prepare a bid tabulation of all bids
received and verify mathematical accuracy and check for unbalanced bid items. Based upon the
COFW's determination of a responsive bidder, the Engineer will prepare a letter stating
Engineer's Recommendation of Award of the Project.
7 EXCLUSIONS
The following services are excluded from this scope and will be performed as an additional
service, if required for the project:
• Additional topographic surveying;
• Additional geotechnical investigation and/or report;
• Environmental studies and reports, including application for Categorical Exclusion,
Environmental Assessments, or Impact Statements
July 23,2020 Page 7 of 7
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ATTACHMENT F
VERIFICATION OF SIGNATURE AUTHORITY FORM
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals-and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Vendor. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into
any agreement or amendment with Vendor. Vendor will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely
on any current executed Form until it receives a revised Form that has been properly
executed by Vendor.
Name: Sindhu Avalokita
Position:Operations Leader
Signature
Name:
Position:
Signature
Name:
Signature of President/ CEO
Other Title:
Date:
CITY COUNCIL. AGENDA F°Rr� `�
REFERENCE **M&C 20- 55AFW TAXIWAY PAPA
DATE: 11/17/2020 NO.: 0854 LOG NAME: EXTENSION PHASE II
DESIGN
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7)Authorize the Execution of an Engineering Services Agreement with Jacobs
Engineering Group, Inc. in the Amount of$323,270.85 for Design and Bidding Support
Services for Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering services agreement
with Jacobs Engineering Group, Inc. in the amount of$323,270.85 for design and bidding support
services for Phase II of the Taxiway Papa Extension project at Fort Worth Alliance Airport (City Project
No. 103000).
DISCUSSION:
The Aviation Department is seeking Council approval to authorize execution of an engineering
services agreement with Jacobs Engineering Group, Inc (Jacobs) in the amount of$323,270.85 for
design and bidding support services for Phase II of the Taxiway Papa Extension project (Project) at
Fort Worth Alliance Airport (Airport). This Project is being funded with Federal Aviation Administration
(FAA) grant funding.
On April 15, 2020 and April 22, 2020, a Request for Qualifications (RFQ)was advertised in the Fort
Worth Star-Telegram for noise mitigation measures, future grant related projects, and general airport
engineering services at the Airport. On May 8, 2020, two statements of qualifications were received.
After analyzing the submitted proposals in accordance with the City of Fort Worth (City) procedures,
Jacobs was selected as the engineer for the Project.
The location of this Project is on the west side of the Airport (see attached map), and will extend
Taxiway Papa north from Taxiway Delta to Taxiway Foxtrot, as well provide connecting surfaces at
Taxiways Delta, Echo and Foxtrot. An additional connecting surface will also be constructed between
the runways at Taxiway Foxtrot to provide greater ease of access to tenants on the west side of the
airport and allow for better overall operational efficiency. This Project provides additional public
protection along the west perimeter of the Airport by providing a larger protection zone that will
enhance the margin of safety on airport property ground in accordance with Federal Aviation
Administration Advisory Circulars. Construction for Phase I of the larger Taxiway Papa Extension
Project was previously bid out and awarded, and the remainder of the Taxiway Papa Extension
Project has been divided into multiple phases to match available funding.
Since no City salaries will be charged to this Project, indirect cost recovery does not apply
Jacobs is in compliance with the City's DBE Program by committing to 27\% DBE participation on this
Project. The City's DBE goal on this project is 27\%.
I
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k
ADVISORY BOARD APPROVAL - On May 21, 2020, the Aviation Advisory Board voted to
recommend that the City Council approve the Aviation Department's 2021-2025 Capital Improvement
Plan. The extension of Taxiway Papa was part of the approved plan.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7.
FISCAL INFORMATIONXERTIFICATION:
The Director of Finance certifies that funds are available in the current budget, as previously
appropriated, in the Muni Airport Grants Federal Fund for the 55AFW Taxiway Papa Ext Phase
2 project to support the approval of the above recommendation and execution of an engineering
services agreement. Prior to any expenditure being incurred, the Aviation Department has the
responsibility to validate the availability of funds.
TO
Department Account Project Budget Reference# Amount
Fund ID ID Program Activity Year (Chartfield 2)
FROM
Fund DepiDment Account Prop ct Program Activity Year Budget (C Referenceartfie d 2) Amount
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
Fund Availability Screenshot.docx
Taxiway Papa Extension Phase If Design M&C Map.pdf