HomeMy WebLinkAboutContract 58850CSC No. 58850
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: Categorical Exclusion Checklist for
Phases IV & V of the Taxiway Papa Extension Project at Perot Field Fort Worth Alliance
Airport.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Work & Schedule;
3. Attachment "B" — Compensation;
4. Attachment "C" — Federal Contract Provisions;
Attachments "A", "B", and "C" 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 Work 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
$74,113.18 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 Attachments "A"
and "C" to this AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under
this AGREEMENT until paid in full. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
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(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
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
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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
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
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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. Business Equity Firm (BEF) and Disadvantaged Enterprise (DBE)
Participation
ENGINEER will be responsible for abiding by both City's BEF goals under the
City's Code of Ordinances as well as the DBE Program Goal for Perot Field
Fort Worth Alliance Airport required for participation in the U.S. Department of
Transportation assisted aviation projects ("DBE Program"). Engineer
acknowledges the goals established for this contract under the DBE Program
and its accepted written commitment to DBE participation. Any
misrepresentations 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 federally funded project and
therefore compliance with the DBE program is required. Due to the nature of
the services and the overall three-year DBE program goal for DBE
participation, the Office of Business Diversity has waived the goal 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
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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 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.
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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.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
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.
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
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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 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.
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h. Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER
may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage
is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained
after final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER.
When sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of 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
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(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
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment "A" to this AGREEMENT.
Q. Record and Invoice Retention
This Agreement is for 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.
B. Access to Facilities and Property
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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.
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 ME. regarding the ENGINEER's Personnel at Construction Site, and
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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.
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
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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, 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.
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
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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
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 and 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
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 14 of 20
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.
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. No Boycott of Israel
If ENGINEER has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. ENGINEER
acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, the Owner 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" has the meanings ascribed to those terms in Section 2271 of
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 15 of 20
the Texas Government Code. By signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to the
Owner that ENGINEER: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
L. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that, in accordance with Chapter 2274 of the
Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2, the Owner is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or
partly from public funds of the Owner with a company with 10 or more full-
time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this
Agreement, ENGINEER certifies that ENGINEER's signature provides
written verification to the Owner that ENGINEER: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
M. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1, the Owner is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the Owner with a company with 10 or
more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the Owner 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.
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 16 of 20
N. Immigration
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 Owner,
ENGINEER shall provide Owner 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 OWNER AND
HOLD OWNER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. Owner, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER."
O. Electronic Signatures
This Agreement may be executed by electronic signature, which will be
considered as an original signature for all purposes and have the same force
and effect as an original signature. For these purposes, "electronic
signature" means electronically scanned and transmitted versions (e.g. via
pdf file or facsimile transmission) of an original signature, or signatures
electronically inserted via software such as Adobe Sign.
P. Counterparts
This Agreement may be executed in any number of counterparts. Each
counterpart shall be deemed an original, and all counterparts shall be
deemed the same instrument with the same effect as if all parties hereto had
signed the same signature page. Each party may transmit its signature by
facsimile or e-mail (PDF or similar), and any faxed or e-mailed signed
counterpart of this Agreement shall have the same force and effect as an
original.
Q. 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.
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 17 of 20
R. 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.
S. 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 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.
T. 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.
U. 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
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 18 of 20
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.
V. 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.
W. Subordination of AGREEMENT to Certain Agreements with Federal
Government; FAA Approval
This AGREEMENT shall be subordinate in all respects to the provisions of any
existing or future leases or contracts between the CITY and the United States
or any agency thereof which relates to the operation or maintenance of the
Airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development,
maintenance, or repair of the Airport. Although this Agreement shall be and
become effective upon the execution hereof by the parties hereto, it shall
nevertheless be subject to approval by the FAA, and the parties hereby
covenant and agree to make any modifications or amendments hereto that
may be required to obtain such approval; provided however, if such
modifications or amendments affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be negotiated
between the parties through an amendment to this AGREEMENT with
appropriate CITY approval.
X. ENTIRETY OF 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.
SIGNATURE PAGE TO FOLLOW
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc. Page 19 of 20
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Dana Burghdoff (Feb 10, 20 10:50 CST
Dana Burghdoff
Assistant City Manager
Date: Feb 10, 2023
APPROVAL RECOMMENDED:
By: ---
Roger Venables
Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
� �iW
Jer Dale (Feb 7, 2023 15:13 CST)
Tyler Dale
Airport Project Coordinator
APPROVED AS TO FORM AND LEGALITY
By: e
Thomas Royce Hansen
Assistant City Attorney
ATTEST:
BY:
ENGINEER
Jacobsineering Group Inc.
i.44,,,44, ("�*
Sindhu Avalokita
Operations Leader
Date: February 7, 2023
Form 1295 No. N/A
Jannette S. Goodall M&C No. N/A
oF.00 1-10
City Secretary ��.d
oopio
pro M&C Date:_ N/A
P�aoo0 oo aoo *�
�n4 nEXASobp
OFFICIAL RECORD
CITY SECRETARY
Taxiway Papa Phases IV & V Categorical Exclusion Checklist Agreement at
FT. WORTH, TX
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 20 of 20
Jacobs
ATTACHMENT A
SCOPE OF WORK
Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Proposal
Jacobs
Attachment A
Scope of Work
Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Perot Field Fort Worth Alliance Airport
PROJECT DESCRIPTION
As part of the Grant Funded Capital Improvement Program, Perot Field Fort Worth Alliance Airport (AFW) plans to
extend Taxiway P, a parallel taxiway to Runway 16R-34L at AFW, to connect to Taxiway H.
SCOPE OF SERVICES
This scope of work for this contract includes performing the Categorical Exclusion Checklist for Taxiway P Phases 4
and 5 in accordance with Federal Aviation Administration (FAA), City of Fort Worth (COFW), and AFW current orders,
practices, criteria, specifications, policies, procedures, and standards.
This scope of work will result in the submission of a Categorical Exclusion (CATEX) Checklist form to the FAA which will
include a Phase I Environmental Site Assessment (ESA).
This scope of work includes two (2) submittals. AFW staff, COFW, and the local FAA representative(s) will receive the
first submittal for review at the 95% level of completion. Upon receipt of comments, a comment resolution meeting,
and incorporation of comments, Jacobs will submit the Categorical Exclusion Checklist to the FAA for final approval
and acceptance. Jacobs will also provide a copy of the Categorical Exclusion Checklist to AFW staff and COFW.
TM P
LEGEND:
PHASE 3 - FUTURE CONSTRUCTION
- - PHASE 4 - FUTURE CONSTRUCTION
- - - I PHASE 5 - FUTURE CONSTRUCTION
I - - - I PHASE XX - FUTURE CONSTRUCTION
Figure 1: Future Extension of Taxiway P
Attachment A Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Page 1 of 5 Proposal
Jacobs
1. PROJECT MANAGEMENT / DESIGN MANAGEMENT
1.1. Project Management
Management activities will consist of planning, scheduling, budgeting, stakeholder coordination, and communication
for the development and advancement of the Project.
1.2. Project Execution Plan
Jacobs will submit a detailed Project Execution Plan 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 along with lines of authority and communication. This will
include an organization chart or other type of exhibit that clearly identifies roles, responsibilities, and lines of
communication.
• A detailed Project schedule that identifies dates for key meetings, duration of design activities, submittals,
deliverables, and other important milestones for the completion of the work.
1.3. Document Control
Jacobs 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. Coordination Meetings
Jacobs will attend coordination meetings with stakeholders to communicate issues related to the Project and provide
updates on the design progress. The key staff will attend bi-weekly project coordination meetings for the duration of
the anticipated two (2) month design process. Jacobs will meet monthly with AFW and FAA and bi-weekly with the
Design Team for the duration of the Project virtually using Microsoft Teams.
1.5. Quality Control
Jacobs will prepare a Project Specific Quality Plan (PSQP) tailored to meet the COFW and FAA requirements and
defines the internal Jacobs review process and subsequent approval for each deliverable. Jacobs PSQP will follow FAA
design guidelines and regulations and include design checklists for final preparation packages. Every item of work or
document produced will require at least one additional level of review before submission to AFW, COFW, and FAA.
2. CATEGORICAL EXCLUSION DOCUMENT (CATEX)
Jacobs will produce a CATEX Checklist form. Individual studies which are components of the CATEX will include
analyses of the following:
• National Historic Preservation Act (NHPA) resources
• Department of Transportation Act: Section 4(f)/6(f) Resources (none)
• Threatened or Endangered Species
• Fish and Wild Life Coordination Act
• Wetlands and other Waters of the US
• Floodplains
• Coastal Resources (none)
• National Marine Sanctuaries (none)
• Wildness Areas (none)
• Farmlands (none)
Attachment A Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Page 2 of 5 Proposal
Jacobs
• Energy Supply and Natural Resources
• Wild and Scenic Rivers (none)
• Solid Waste Management
• Community Disruptions (none)
• Environmental Justice
• Surface Transportation
• Noise (none)
• Air Quality - Construction Emissions Modeling with MOVES3
• Water Quality
• Light Emissions, Visual Effects and Hazardous Materials
• Public Involvement
• Indirect/Secondary/Induced Impacts (none)
The work will be performed as benchtop studies only with documentation and graphic exhibits. Jacobs assumes that
field work will not be needed for the CATEX documentation; however, the field visit conducted for the Phase I ESA will
be utilized as needed to photograph the project area.
2.1. Agency Coordination
Jacobs will consult with the Texas Historical Commission (THC) to obtain their concurrence with Jacobs' findings.
Jacobs will obtain a Texas Parks and Wildlife RTEST and US Fish and Wildlife Service IPaC reports online for the
Proposed Action. It is assumed coordination with the Texas Commission on Environmental Quality and US Army Corps
of Engineers will not be required for the CATEX.
AFW and COFW will provide previous studies performed at the airport which might be applicable (i.e., archaeological
and biological surveys for previous projects) for Jacobs to reference in the correspondence. Jacobs will request a
response from THC within 30 days of the request for review. If no response is received after 30 days, Jacobs will
assume that the agency has no concerns with the project and will document any non -response in the CATEX.
2.2. Data Collection
Jacobs will collect, review, and evaluate available and appropriate data pertaining to this project and/or the project
area. This data may include but not be limited to:
• Property Maps
• Land Use Maps
• Location of Public Buildings, Schools, Churches, Parks, etc.
• Aerial/Infrared Photography, if Available
• Historical/Archeological Site Listings
• Digital Ortho Quad Maps
• National Wetland Inventory Maps
• County Soil Survey Maps
• County Hydric Soils List
• Floodplain Maps
• Vegetation Cover Maps
• Hazardous Materials Database Information
Attachment A Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group lnc. Page 3 of 5 Proposal
Jacobs
• Demographic Maps/Census Information
• Other Available GIS Data
3. PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA
The following information addresses the tasks that will be performed in leveraging the work previously performed and
conducting the Phase I ESA. The Phase I ESA will be performed in general conformance with ASTM International
E1527-21 and will consist of the following tasks.
3.1. Site Description
The Site Description, which includes subject property improvements and current uses as well as adjoining property
and area current uses and characteristics, is based on information received from AFW and COFW, observations made
during the site reconnaissance, and reasonably ascertainable, publicly available, practically reviewable published
references.
3.2. COFW Provided Information
COFW Provided Information includes title records, environmental liens or activity, specialized knowledge, and
valuation reductions for environmental issues and is based solely on information provided by the COFW and is not
included in this Scope of Services, except as specifically negotiated for Jacobs to perform.
3.3. Records Review
The Records Review is a review of reasonably ascertainable, publicly available, and practically reviewable published
references. Standard environmental record sources to be reviewed include federal and state regulatory databases. An
assessment regarding the potential impact of these regulatory sites (database search) to the subject property will be
made based on the nature of the operation, distance from the subject property, and the environmental setting.
Physical setting sources to be reviewed to characterize the subject property's environmental setting include USGS
topographic maps, USDA soil surveys, FEMA floodplain maps, and groundwater and geologic resources. Standard
historical sources to be reviewed include aerial photographs, Sanborn fire insurance maps, and local street directories.
Additional historical sources are not included in this Scope of Services, except as provided by the Client or specifically
negotiated for Jacobs to obtain and review. Review of the Threatened & Endangered (T&E) Species occurrence record,
and NWI maps will be performed. The work will not include a T&E survey, nor a formal wetlands delineation.
3.4. Site Reconnaissance
The site visit should include a visual site inspection of the subject property and subject property improvements to the
extent not obstructed by bodies of water, adjacent buildings, or other obstacles. A visual observation of adjoining
properties should also be performed from the subject property and public thoroughfares.
3.5. Interviews
A good faith effort will be made to interview appropriate individuals identified by AFW and COFW.
3.6. Tier 1 Vapor Encroachment Screen
This will include a Tier 1 "Vapor Encroachment Screen" pursuant to ASTM E 2600-15.
3.7. Report
A report detailing the findings of the Phase I ESA will be prepared. The report will include an update to the history of
the site, Jacobs' professional opinion regarding the potential of environmental risks, and will provide
recommendations for an additional investigation, if risks are identified.
Attachment A Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Page 4 of 5 Proposal
Jacobs
SCHEDULE
The schedule to complete the CATEX (Tasks 1, 2, & 3) is estimated to be 7 weeks from Notice -to -Proceed (NTP). This
schedule is based on 1 week review time for 95% submission.
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
Jacobs assumes that AFW will perform the following tasks required for the project:
• Provide escort during Phase I Environmental site assessment survey
The following services are excluded from this scope and will be performed as an additional service, if required for the
project:
• Design and construction phase services
• Coordination with the Texas Commission on Environmental Quality and US Army Corps of Engineers
• Section 404 permitting or mitigation
• Informal or Formal Consultation with USFWS
• Phase II ESA
Attachment A Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Page 5 of 5 Proposal
Jacobs
ATTACHMENT B
FEE PROPOSAL
Taxiway P Categorical Exclusion Checklist - Phases 4 and 5
Jacobs Engineering Group Inc. Proposal
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ATTACHMENT "C"
FORT WORTH,:,
411�
City of Fort Worth
Federal Contract Provisions
FCP-1 ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the
Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers and records of the Contractor
which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts
and transcriptions. The Contractor agrees to maintain all books, records and reports required under this
contract for a period of not less than three years after final payment is made and all pending matters are
closed.
FCP-2 BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor may result in the suspension
or termination of this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and corrective
actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the
right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner
elects to terminate the contract. The Owner's notice will identify a specific date by which the Contractor
must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to
correct the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
FCP-3 GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights
Act of 1964.
FCP-4 CIVIL RIGHTS — TITLE VI ASSURANCES COMPLIANCE WITH
NONDISCRIMINATION REQUIREMENTS:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended
from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The Contractor
will not participate directly or indirectly in the discrimination prohibited by the
Nondiscrimination Acts and Authorities, including employment practices when the contract
covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of
race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
Contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Contractor will so certify to the sponsor or the Federal Aviation Administration,
as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited
to:
a. Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will
take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the Contractor may request the
sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the
Contractor may request the United States to enter into the litigation to protect the interests of the
United States.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
USC
§ 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles 11 and III of the Americans with Disabilities Act of 1990, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 —
12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37
and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC 1681 et seq).
FCP-5 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
FCP-6 RESERVED
FCP-7 RESERVED
FCP-8 RESERVED
FCP-9 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the consultant certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation in
this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a
higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,
the FAA may pursue any available remedies, including suspension and debarment of the non -compliant
participant.
FCP-10 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part
26 in the award and administration of Department of Transportation -assisted contracts. Failure by the
Contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the Owner deems appropriate, which may include,
but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
4. Disqualifying the Contractor from future bidding as non -responsible.
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than [specify number] days from the receipt of each payment the
prime contractor receives from [Name of recipient]. The prime contractor agrees further to return
retainage payments to each subcontractor within [specify the same number as above] days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the [Name of
Recipient]. This clause applies to both DBE and non -DBE subcontractors.
FCP-11 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety
policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving
when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for
its employees and other work personnel that decrease crashes by distracted drivers, including policies that
ban text messaging while driving motor vehicles while performing work activities associated with the
project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding
$3,500 that involve driving a motor vehicle in performance of work activities associated with the project.
FCP-12 ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 USC 620let seq).
FCP-13 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
FCP-14 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable goals for
minority and female participation and which is set forth in the solicitations from which this contract
resulted.
If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an association,
its affirmative action obligations on all work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance with the provisions
of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan
is individually required to comply with its obligations under the EEO clause and to make a good
faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's failure to take good
faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs
7a through 7p of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction
contractors performing construction work in a geographical area where they do not have a Federal
or federally assisted construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are published periodically in
the Federal Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers. The
Contractor is expected to make substantially uniform progress in meeting its goals in each craft
during the period specified.
Neither the provisions of any collective bargaining agreement nor the failure by a union with
whom the Contractor has a collective bargaining agreement to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or
the regulations promulgated pursuant thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees shall be employed by the Contractor during the training
period and the Contractor shall have made a commitment to employ the apprentices and trainees
at the completion of their training, subject to the availability of employment opportunities.
Trainees shall be trained pursuant to training programs approved by the U.S. Department of
Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such
a working environment, with specific attention to minority or female individuals working at
such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off -the -street applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not
referred back to the Contractor by the union or, if referred, not employed by the Contractor,
this shall be documented in the file with the reason therefore along with whatever additional
actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the Contractor has a collective bargaining agreement has not referred to the Contractor a
minority person or female sent by the Contractor, or when the Contractor has other
information that the union referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under 7b above.
£ Disseminate the Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions, including specific review of
these items, with onsite supervisory personnel such superintendents, general foremen, etc.,
prior to the initiation of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the Contractor's EEO policy with other contractors and
subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to prepare
for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations
under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate or
single user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under
the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one
or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor union, contractor community, or other similar groups of which the
Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non -
minority. Consequently, if the particular group is employed in a substantially disparate manner
(for example, even though the Contractor has achieved its goals for women generally), the
Contractor may be in violation of the Executive Order if a specific minority group of women is
underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications
and of the Equal Opportunity Clause, including suspension, termination, and cancellation of
existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with
41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government, and to keep records. Records shall at
least include for each employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race,
sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g. those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program).
FCP-15 SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given
in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for
full and part-time workers. The Consultant has full responsibility to monitor compliance to the referenced
statute or regulation. The Consultant must address any claims or disputes that arise from this requirement
directly with the U.S. Department of Labor — Wage and Hour Division.
FCP-16 CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
FCP-17 PROHIBITION OF SEGREGATED FACILITIES
1. The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal
Employment Opportunity clause in this contract.
2. "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between
the sexes.
3. The Contractor shall include this clause in every subcontract and purchase order that is subject to
the Equal Employment Opportunity clause of this contract.
FCP-18 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a
work environment that is free from recognized hazards that may cause death or serious physical harm to
the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor — Occupational Safety and Health Administration.
FCP-19 CERTIFICATION OF OFFERERBIDDER REGARDING TAX DELINQUENCY
AND FELONY CONVICTIONS
The Engineer must complete the following two certification statements. The Engineer must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the
space following the applicable response. The Engineer agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
The Engineer represents that it is ( ) is not (✓)a corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
1. The Engineer represents that it is ( ) is not (✓) is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an Engineer responds in the affirmative to either of the above representations, the Engineer is ineligible
to receive an award unless the sponsor has received notification from the agency suspension and
debarment official (SDO) that the SDO has considered suspension or debarment and determined that
further action is not required to protect the Government' s interests. The Engineer therefore must provide
information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA
Airpolts District Office, which will then notify the agency's SDO to facilitate completion of the required
considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months
of a felony criminal violation under any Federal law and includes conviction of an offense defined in a
section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense
that is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
FCP-20 TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon
termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete. Owner
agrees to make just and equitable compensation to the Consultant for work completed in accordance with
this Agreement through the date the Consultant receives the termination notice and will include
reasonable termination costs (costs associated with closing the contract prior to normal performance) in
an amount of up to $15,000, as long as any reasonable termination costs are still within the amounts
previously appropriated by the City Council for the City of Fort Worth for this Agreement. Reasonable
termination costs will include any accounting, clerical and other expenses necessary for the termination of
subconsultant agreements and demobilization costs incurred due to such termination up to the amount
listed above. Compensation will not include anticipated profit on non -performed services. Owner further
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
FCP-21 TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that
are essential to the completion of the work per the terms and conditions of the Agreement. The party
initiating the termination action must allow the breaching party an opportunity to dispute or cure the
breach. The terminating party must provide the breaching party [7] days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program
Projects Issued on June 19, 2018 Page 67 necessary to cure the breach, and the effective date of the
termination action. The rights and remedies in this clause are in addition to any other rights and remedies
provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this
Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time
specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger
satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to
the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately
discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement,
the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports,
maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer
under this contract, whether complete or partially complete. Owner agrees to make just and equitable
compensation to the Consultant for satisfactory work completed up through the date the Consultant
receives the termination notice. Compensation will not include anticipated profit on non -performed
services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause. If, after finalization of the termination
action, the Owner determines the Consultant was not in default of the Agreement, the rights and
obligations of the parties shall be the same as if the Owner issued the termination for the convenience of
the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in
part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the
Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than [180]
days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the
Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or
portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the
termination settlement, the Consultant may, without prejudice to any rights and remedies it may have,
proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In
the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
FCP-22 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
1. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States
Trade Representative (USTR);
2. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the USTR; and
3. has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1. who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the USTR or
2. whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list or
3. who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of
the contract or subcontract for default at no cost to the Owner or the FAA.
FCP-23 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49
United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf
veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15
USC 632) owned and controlled by disabled veterans. This preference only applies when there are
covered veterans readily available and qualified to perform the work to which the employment relates.
FORT WORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: AFW Taxiway Papa Phases IV & V CATEX Agreement
M&C
CPN CSO #
DOC#
DATE: 2/7/2023
INITIALS
DATE OUT
TO:
1. Roger Venables
11
Feb 7, 2023
2. Royce Hansen
TRH
Feb 9, 2023
3. Dana Burghdoff
DB
Feb 10, 2023
4. Jannette Goodall
49L
Feb 10, 2023
5.
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: X❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑x Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.