The URL can be used to link to this page

Home My WebLink AboutContract 56635 (2) CSC No. 56635 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: Resident Project Representative Services for the Taxilane Project Connecting the Gulfstream Maintenance Repair and Operations Facility to Taxiway Hotel at Fort Worth Alliance Airport. The Agreement documents shall include the following: 1 . This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; 3. Attachment "B" — Project Schedule; 4. Attachment "C" - Title VI List of Pertinent Nondiscrimination Acts and Authorities; and 5. Attachment "D" - Verification of Signature Authority Form. Attachments "A", "B", "C", and "D" which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Attachments and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in an amount not to exceed $99,484.10 as set forth in Attachment A. B. Unless otherwise terminated pursuant to Article VII. 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. City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 1 of27 CITY SECRETARY FT. WORTH, TX Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment A and B to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 27 B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 27 entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 27 warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City of Fort Worth Business Diversity goals under the City's Code of Ordinances, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 27 (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 27 General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 27 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, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 27 i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 27 (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 provide the services as described in more detail in Attachment A of this AGREEMENT for the PROJECT in accordance with the schedule developed per Attachment B to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 27 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 B. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 27 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 27 assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI Civil Rights Provisions A. In General. The ENGINEER 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 ENGINEER and subcontractors through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. B. Compliance with Nondiscrimination Requirements: During the performance of this contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: (1) Compliance with Regulations: The ENGINEER (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 ENGINEER, 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 ENGINEER 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 . City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 27 (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the ENGINEER 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 ENGINEER of the ENGINEER'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 ENGINEER 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 ENGINEER 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 engineer'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: Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 18 a. Withholding payments to the ENGINEER under the contract until the ENGINEER complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. (6) Incorporation of Provisions: The ENGINEER 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 ENGINEER 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 ENGINEER becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the ENGINEER may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the ENGINEER may request the United States to enter into the litigation to protect the interests of the United States. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 27 C. Title VI List of Pertinent Nondiscrimination Acts and Authorities. This Agreement incorporates the list of pertinent non-discrimination acts and authorities as further listed and identified in Attachment C to this Agreement. Article VII 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 27 Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 27 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 17 of 27 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 18 of 27 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. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 19 of 27 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 20 of 27 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 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. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 21 of 27 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Jacobs Engineering Group Inc. �grf__ Fernando Costa(Nov 10,202111: Fernando Costa Katus Watson Assistant City Manager Vice President Date. Nov 10,2021 Date: 11/09/2021 APPROVAL RECOMMENDED: 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. l� Tyler Dale(Nov 9,202115:51 CST) Tyler Dale Airport Project Coordinator APPROVED AS TO FORM AND LEGALITY a�44�nn�� Thomas Royce Hansen �&o° op,10 Assistant City Attorney ono =d � a o ATTEST: n� EXp54a oo IV N/A naa44 Form 1295 No. M&C No.: N/A Ronald P. Gonzales Acting City Secretary M&C Date. N/A City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 22 of 27 CITY SECRETARY FT. WORTH, TX ATTACHMENT SCOPE OF WORK a co bs Jacobs Engineering Group Inc. 777 Main Street Fort Worth,TX 76102 T+817-735-6000 October 28, 2021 Tyler Dale City of Fort Worth Aviation Department 201 American Concourse Suite 330 Fort Worth,TX 76106 RE: TaxiLane H Extension to Serve GuLfStream Alliance Construction Services Dear Tyler: Per your request, please find our proposal for TaxiLane H Extension to Serve GuLfStream Alliance Construction Services to authorize and fund services for the City of Forth Worth Alliance Airport Construction Project. Our proposal includes our scope of services and fee proposal.The services to be provided under this proposal are in the documents attached. The table below illustrates a summary of our fees for TaxiLane H Extension to Serve GuLfStream ALLiance which is included in our proposal attached. Consulting Firm Task Total Costs 1. Jacobs Engineering Group Construction Observation $55,194.10 2. Fugro Material Acceptance $44,290.00 &Testing Total $99,484.10 Please advise if further information is required. Sincerely, Thomas K. Mayer, P.E., Program Manager,Jacobs Engineering Group Inc. Jacobs Engineering Group Inc. TaxiLane H Extension to Serve GuLfStream Alliance Construction Services ,oacobs Taxilane H Extension to Serve GulfStream Alliance Scope of Work October 28, 202 Fort Worth Alliance Airport Attachment A Scope of Work Construction Observation, Materials and Acceptance Testing For Taxilane H Extension to Serve GulfStream Alliance Alliance Airport Fort Worth, Texas A. CONSTRUCTION OBSERVATION This task will consist of providing Resident Project Representation services during the construction of Taxilane H Extension to Serve GulfStream Alliance Project. Jacobs (Engineer) will attend up to 18 weekly construction meetings to coordinate construction observation activities with Alliance Air Services, CP&Y (Engineer of Record), and other applicable parties. The Resident Project Representative (RPR) will monitor and observe the construction progress, coordinate with Alliance Air Services, Engineer of Record, and the Contractor. Additionally, the RPR will provide construction observation to determine whether the work is proceeding according to the construction contract documents and will notify the Engineer of Record if problems, disputes, or changes arise during the course of construction. The RPR will observe in the field all electrical work including vault work, airfield lighting and signage, and power, communication duct banks. The RPR will be responsible for all daily activities, Contractor coordination, scheduling of materials testing, and ensuring all items are installed per the Contract Documents. The RPR's duties are as follows: 1. Check contractor activities to ensure compliance with the plans and specifications and inform the contractor of any work that is in noncompliance. 2. Ensure that all testing required by the specification is performed. All commercially produced products, such as pipe and reinforcing steel, that are used on the project should be accompanied by numerical test results or a certification from the manufacturer that the material meets the applicable standards. 3. Visit the testing laboratory to determine if it has the equipment and qualified personnel necessary to conduct the tests required by the specifications. 4. Ensure that tests are performed at the frequency stated in the specifications. Determine when and where tests will be taken and witness tests. If not indicated in the specifications, a sufficient number of tests should be taken to verify that the construction is acceptable. 5. Review test reports and certifications for conformance with the specifications. October 28,2021 Page 1 of 4 6. Maintain a file of test reports and certifications. 7. Inform the contractor of deficiencies so corrections can be made, and retesting performed prior to covering any substandard work with additional material. 8. Document quantities of materials used on the project by actual measurements and computations in a field notebook or computer printouts retained in a folder. For materials paid for on a weight basis, a summary of the material placed each day should be kept in the field notebook. The notebook and/or computer printouts, supported by the original set of weigh tickets, is the basis for payment. 9. Maintain a set of working drawings on the job site that can be used to prepare "as-built" drawings. 10. Review payment requests from the contractor. 11. Conduct Federal wage rate surveys (Form DOT F 4220.5 or SF 1445) with the Contractor's personnel and their subcontractor personnel to ensure compliance with the U.S. Department of Labor regulations for federally funded construction projects. The RPR will submit the wage rate survey records to the Engineer for review. Wage rate surveys will be conducted on a monthly basis. 12. Maintain a diary that should contain daily entries made and signed by the RPR. Each entry should include the following, plus any additional pertinent data: a. Date and weather conditions. b. Names of important visitors. c. Construction work in progress and location. d. Size of contractor's work force and equipment in use. e. Number of hours worked per day for contractor and subcontractors. f. The substance of important conversations with the contractor about conduct, progress, changes, test results, interpretations of specifications, or other details. 13. Document the progress of the construction with photographs taken on a weekly basis. 14. Submit copies of FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the appropriate FAA Airports Division/District/Field Office on a weekly basis, including photographs. 15. Maintain SWPPP and all reporting required. A.1.1 RPR Reporting The RPR will prepare construction progress reports of the construction activities that are observed. Deliverables: The RPR will provide Alliance Air Services, City of Fort Worth Aviation Department, and the FAA with an electronic copy of the observed construction activities report Deliverables: The RPR will provide Alliance Air Services, City of Fort Worth Aviation Department, and the FAA with an electronic copy of the weekly progress reports October 28,2021 Page 2 of 4 (FAA Form 5370-1) Deliverables: The RPR will provide Alliance Air Services, City of Fort Worth Aviation Department, and the FAA with an electronic copy of the monthly construction summary Deliverables: The RPR will provide Alliance Air Services, City of Fort Worth Aviation Department, and the FAA with an electronic copy of the Federal wage rate surveys Deliverables: Photographs to be included in the weekly progress reports Staffing Assumptions: For the purpose of estimating required RPR and inspector man-hours, it is anticipated that the contractor will work the following schedule: November 2021 — March 2022 (126 Calendar days): RPR to be on-site an average of 24 hours per week over the projected 18-week project duration, as required except for holidays. The RPR will spend a minimum of 5 hours onsite each day that they will be onsite. RPR: Jacobs (Daniel Crawford), will primarily conduct the duties described above. B. Materials and Acceptance Testing The Engineer shall provide Materials and Acceptance Testing Service for the Taxilane H Extension Project, according the estimated quantities in the Construction Management Plan. Quality assurance testing shall be in accordance with the requirements in the construction contract general provisions, technical specifications, and Construction Management Plan. The Engineer shall engage a laboratory for the purposes of conducting the materials and acceptance testing for the project.The services of the laboratory shall be performed in accordance with the basic requirements of ASTM E 329, Recommended Practice for Inspection and Testing Agencies, ASTM C1077, Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation, and ASTM D3666, Standard Practice for Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving Materials, as published by the American Society of Testing Materials. The Engineer shall promptly submit to the client formal reports from the laboratory of all tests and inspections indicating, where applicable, compliance with the project specifications or other contract documents. Such reports shall be complete and factual, citing the tests performed, methods employed, values obtained, project area involved, and other pertinent data. These reports shall be signed by a registered professional engineer with expertise in the area for which the report is made. The reports shall be distributed only as specifically designated by the client. Each test report for material in-place should, at a minimum, contain the following: 1. Test performed and date. 2. Applicable standard or project specification. 3. Test location. 4. Test result. 5. Action taken on failing tests. 6. Lot size and location and adjusted contract price when statistical acceptance October 28,2021 Page 3 of 4 procedures are specified or when provisions allow for reduced payment. The laboratory is not authorized to revoke, alter, relax, enlarge, or release any requirements of the project specifications or other contract documents, or to approve or accept any portion of the work. The laboratory does not have the right of rejection or the right to stop the work, except for such reasonable periods as may be required to conduct sampling, testing, or inspection operations. The laboratory shall report immediately to the Engineer and Resident Project representative, any materials tested or inspected, which do not comply with the project requirements. The laboratory or its representative shall not act as foreman or perform other duties for the contractor. Deliverables: The Engineer will provide Alliance Air Services and the Engineer of Record with an electronic copy of the construction acceptance testing reports on a weekly basis. October 28,2021 Page 4 of 4 Jacobs Fee Proposal Summary Construction Phase Services for Taxilane H Extension to Serve Gulfstream Alliance Alliance Airport, Fort Worth, Texas Task Consultant Non-DBE Amount DBE Amount Total Construction Observation Jacobs $ 55,194.10 $ $ 55,194.10 Materials&Acceptance Testing Fugro $ 44,290.00 $ $ 44,290.00 Total $ 99,484.10 $ - $ 99,484.10 10/28/2021 Jacobs Fee Proposal (Construction Observation) Construction Phase Services for Taxilane H Extension to Serve Gulfstream Alliance Alliance Airport, Fort Worth, Texas Base Bid (18 Weeks) Thomas Al Lisa Daniel Design Project Project Labor Hour Estimate Manager Engineer Admin RPR Total Hours A.1.1 Project Management 18 - 14 - 32 A.1.2 Project Coordination - 36 - - 36 A.1.3 Weekly Construction Meetings-Assume Concurrent with Site Visits 6 19 - - 25 13.1.1 Resident Project Representative(RPR)(18 weeks @ 24 hrs) Total Hours 24 55 14 432 525 Fee Proposal Hourly Hours Labor Rate Cost Office Personnel Design Manager $ 63.67 24 $ 1,528.08 Project Engineer $ 45.00 55 $ 2,475.00 Project Admin $ 29.91 14 $ 418.74 Salary Cost 93 $ 4,421.82 Office Overhead Rate @ 111.18% $ 4,916.18 Field Personnel RPR $ 35.00 432 $15,120.00 Salary Cost 432 $15,120.00 Field Overhead Rate @ 85.68% $12,954.82 Sub-Total $37,412.82 Profit @ 10% $ 3,741.28 Labor Cost $41,154.10 Expenses Hotel($100/night-3 nights/trip) $ 300.00 18 $ 5,400.00 Food ($60/day-3 days/trip) $ 180.00 18 $ 3,240.00 Rental Car($300 per trip) $ 300.00 18 $ 5,400.00 Total Expenses $14,040.00 Total Cost $55,194.10 10/28/2021 �CRR# FUGRO USA LAND, INC. 3011 Red Hawk Dr. Grand Prarie, TX 75052 United States of America October 6, 2021 Proposal No. 04.00201974 Mr. Thomas L. Mills, P.E. Aviation JACOBS 1999 Bryan St., Suite 1200 Dallas, Texas 75201 COST ESTIMATE FOR CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM FORT WORTH, TEXAS Dear Mr. Mills: We are pleased to submit our cost estimate to provide construction materials testing services for this project. Our estimated cost for the above referenced project is$44,290.0. Our firm meets the basic requirements of ASTM E 329 and is authorized to operate in the State of Texas. We understand you are requesting this proposal based on our previously submitted qualifications and we are not in a competitive bidding process for this project so as to conform to the Texas Engineering Act for procurement of engineering services for publicly funded projects. The following scope of services has been identified based on estimated quantities data sheet. The items below are presented in the Summary of Material Acceptance Tests and are the proposed services for the project. Fugro intends to utilize personnel for Inspections that our Engineer has determined to be competent and capable based on qualifications and experience. SCOPE OF SERVICES We estimate that the following services will be required: • Excavation and Embankment Testing; and, ■ Lime Treated Subgrade Testing; and, • Crushed Aggregate Base Course Testing; and, Cement Treated Base Testing; and, • Portland Cement Concrete Pavement; and, Structural Portland Cement Concrete. BUDGET RECOMMENDATIONS FOR TESTING SERVICES Our budget recommendations are based estimated quantities prepared by Jacobs emailed on September 30 ,2021. Unit Fees and Budget Recommendations are attached detailing the number of tests proposed and our unit fees for performance of these tests. Our unit fees include all estimated technician time and administrative charges for performance and review of tests. Our invoices will be based on the enclosed unit rate schedule and only on the actual work performed. T +1 817 284 9595 1 W fugro coin ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM Proposal No 04 00201974 October 6,2021 TERMS AND CONDITIONS Please see attached schedule 40.01 (Jan.17) for terms and conditions for providing testing services. This project will be billed on the basis of work performed at the attached unit fees. Our services will be billed monthly. The scheduling of our services at this project will be through the project general contractor. Materials testing services are for quality control purposes only. Although our personnel do not have responsibility for job site safety of others or stop-work authority, they will conduct their work in a safe, workmanlike manner and will observe work site safety requirements. To indicate acceptance of our proposal, please have the signature block below signed by a duly authorized person in the space provided and return the attached copy to us for our files. Whoever signs this proposal is identified as our Client as used per the attached proposal and throughout schedule 40.01. We thank you for the opportunity to submit this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need any additional information. Sincerely, FUGRO USA LAND, INC. TBPE Firm Registration No. 299 Roy R. Grant, P.E. Senior Consultant RCC/: Enclosures CLIENT: Authorizing Signature Company Name and Title Date Page 2 of 6 �raR� ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM Proposal No 04,00201974 October 6,2021 PROFESSIONAL AND TECHNICAL FEES 1.0 Analysis, Consultation, and Report Preparation. Fees for our professional services, including project administration, are based on the time of professional, technical, and other support personnel directly applied to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony, delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at 1.5 times the standard rates quoted below. Overtime rates for hourly personnel will be billed at 1.35 times standard rates. Rates for Sunday and holiday work and emergency response will be quoted on request. Principal $200 Senior Consultant $170 Senior Professional $150 Project Professional $125 Testing Supervisor $100 Staff Professional $ 90 Specialist Technician $ 70 Drafter $ 60 Senior Technician $ 65 Word Processor $ 55 Technician $ See attached proposal 2.0 Other Services. Project may require other services, such as: field exploration, field or laboratory testing, reproduction, or computer services, which are not covered by this schedule. Notes: (1) The above rates are based upon performing these services in non-hazardous, non-toxic environments. (2) All services are billed portal to portal. Minimum 4 hours' charge/trip. (3) Overtime rates of 1.5 times the Regular time are billed after 8 hrs./technician/day and Saturday services and for services provided prior to 7:00 a.m. and after 5:00 p.m. (Sunday/Holiday rates quoted upon request.) (4) Our fees do not include temperature control for the initial field-curing environment of the compression test cylinders, or the supplying a temperature-controlled curing box. This we would assume to be supplied by the concrete supplier or contractor if required. Page 3 of 6 IC MCI ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM Proposal No.04.00201974 October 6,2021 CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM FORT WORTH, TEXAS PROPOSAL NO. 04.00201974 1.0 P-152 EXCAVATION AND EMBANKMENT Sample soils in field to perform laboratory tests to establish moisture/density relationships, determination of liquid limit, plastic limit and plasticity of soils, perform in-place density tests on subgrade and backfill. f DESCRIPTION Proposed Quanti Unit Rate Amount oisture Density Relationship (ASTM D698 &1557) 3 ea. $200.00 $600.00 1.2 Atterberg Limits Tests (Liquid Limit, Plastic Limit and PlasticityIndex tests 3 ea. $50.00 $150.00 1.3 -200 Sieve Analysis 3 ea. $30.00 $90.00 1.4 In-Place Density Tests—(Minimum 2 Density TestslTri 28 ea. $20.00 $560.00 SUBTOTAL EARTHWORK TESTING $1 400.00 2.0 P-135 LIME TREATED SUBGRADE Sample soils in field to perform laboratory tests to establish moisture/density relationships, determination of liquid limit, plastic limit and plasticity of soils, perform in-place density tests on subgrade and backfill. Proposed ITEM DESCRIPTION Pro p uanti Unit Rate Amount 2.1FAttertberg ure Density Relati mshi ASTM D 698 3 ea. $200.00 $600.00 2 2 Limits Tests (Liquid Limit, Plastic Limit and Plasticiilly Index tests 3 ea. $50.00 $150.00 2.3 In-Place Density Tests---(Minimum 2 Density Tests/Tri 23 ea. $20.00 $460.00 2.4 Thickness Measurements 23 ea. $15.00 $345.00 SUBTOTAL EARTHWORK TESTING $1 555.00 1 Page 4 of 6 ��QD ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM Proposal No.04.00201974 October 6,2021 3.0 P-304 CEMENT-TREATED AGGREGATE BASE COURSE (CTB) Sample soils in field to perform laboratory tests to establish moisture/density relationships, determination of liquid limit, plastic limit and plasticity of soils, perform in-place density tests on subgrade and backfill. Proposed ITEM DESCRIPTION Quantity Unit Rate Amount 3.1 Moisture DensityRelationshipASTM D 1557 2 ea. $200.00 $400.00 3.2 Atterberg Limits Tests (Liquid Limit, Plastic Limit and Plasticit Index tests 2 ea. $50.00 $100.00 3.3 Sieve Analysis 2 ea. $30.00 $60.00 3.4 In-Place Density Tests— (Minimum 2 Density Tes�s/Tri 15 ea. $20.00 $300.00 3.5 Thickness Measurements 15 ea. $15.00 $225.00 SUBTOTAL EARTHWORK TESTING $I,225.00 4.0 P-501 PORTLAND CEMENT CONCRETE PAVEMENT Sample concrete in field, perform slump and air tests(air entrained concrete)for each set of cylinders. Identify time batched and time of placement, record concrete and ambient temperatures,weather conditions and water added on-site. Cast,transport,test and report as results are made available. Proposed E4.1Fjexujr,aql DESCRIPTION Quanti Unit Rate Amount Stren th 40 ea. $30.00 $1,200.00 lidation Test 1 ea. $200.00 $200.00 ess Measurements 20 ea. $15.00 $300.00 SUBTOTAL CONCRETE TESTING $1,700.00 5.0 P-610 STRUCTURAL PORTLAND CEMENT CONCRETE Sample concrete in field, perform slump and air tests(air entrained concrete)for each set of cylinders. Identify time batched and time of placement, record concrete and ambient temperatures, weather conditions and water added on-site. Cast,transport,test and report as results are made available. E__ Proposed ITEM DESCRIPTION Quantity Unit Rate Amount 5.1 Compressive Strength 25 ea. $20.00 $500.00 SUBTOTAL CONCRETE TESTING $500.00 Page 5of6 �IariQ13 ALLIANCE AIRPORT,AFH TAXIWAY H TO GULFSTREAM Proposal No.04.00201974 October 6,2021 6.0 MISCELLANEOUS ITEM Proposed DESCRIPTION Quantity _Unit Rate Amount 6.1 Technician Time—Re ular Time 300 hrs. $60.00 $18,000.00 6.2 Technician Time—Overtime 120 hrs. $90.00 $10,800.00 6.3 2"d Technician Time if necessa ---Regular Time 120 hrs. $50.00 $6,000.00 6.4 Vehicle Charge, trip 50 ea. $65.00 $3,250.00 SUBTOTAL MISCELLANEOUS $38,050.00 Based on your email, it is anticipated that the construction contract will be for 210 days for the Base Bid. The technician quantities indicated above are assumed to be 150 days of continuous observations with a second technician for 4 hours per day. The remaining 60 days are assumed to be one technician at 4 hours per day. The asphalt technician is assumed to be on an "as-needed" basis. r— — — - - 44 _ BASE BID - TOTAL ESTIMATED NOT TO EXCEED COST $ 9290.00 Page 6 of 6 1131111170 FUGRO USA LAND, INC. Schedule 40.01 (Rev. Jan. 2017) 1 Parties a This A reamer GENERAL CONDITIONS FOR TECHNICAL SERVICES . CLIENT as used herein is the entity who authorizes performance of services by Fugro USA Land, Inc. (FUGRO) under the conditions stated herein. FUGRO as used herein includes, Fugro USA Land, fnc., its employees and officers, and its subcontractors and sub-consultants(including affiliated corporations). 2. On-site Responsibilities and Risks 2.1 Right-of-Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights-of-entry and obtain permits as required for FUGRO to perform the fieldwork. 2.2 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations. However.CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT desires FUGRO to repair and/or pay for damages,FUGRO will undertake the repairs and add the pre-agreed cost to FUGRO's fee. 2.3 Toxic and Hazardous Materials. CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential occurrence of toxic or hazardous materials,or Biological Pollutants(as defined in 9.below)at the site being investigated. If unanticipated toxic or hazardous materials,or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CLIENT's expense. Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENTS acceptance of proposed safety measures and fee adjustments. 2.4 Utilities and Pipelines. While performing FUGRO's Fieldwork, FUGRO will take reasonable precautions to avoid damage to subterranean and subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such structures,pipelines,and utilities that are not called to FUGRO's attention and/or correctly shown on plans furnished to FUGRO. 2.5 Site Safety. FUGRO is not responsible for the jots site safety of others,nor does FUGRO have stop-work authority over work by others, However, FUGRO will conduct its work in a safe, workman-like manner, and will observe the work-site safety requirements of CLIENT that have been communicated to FUGRO in writing. 3. Standard of Care 3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same location. 3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings,surveys, or explorations are made and that FUGRO's data, interpretations, and recommendations are bused solely on the information available to FUGRO, and FUGRO is not responsible for the interpretation by others of the information developed. 4. Limitation of Remedies To the greatest extent permitted by law,CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of$50,000 or the amount of FUGRO's fee,whichever is greater, regardless of the legal theory under which remedy is sought,whether based on negligence[whether sole or concurrent,active or passive], breach of warranty,breach of contract, strict liability or otherwise. In the event CLIENT does not wish to limit FUGRO's remedy to this sum,and if CLIENT requests in writing prior to acceptance of this Agreement,FUGRO agrees to negotiate a greater remedy amount in exchange for an increase in scope and fee appropriate to the project and remedy risks involved 5. Invoices anal P_avment At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon presentation of FUGRO's invoice and is past due thirty-(30)days from invoice date. CLIENT agrees to pay a financing charge of one percent(1%) per month(or the maximum rate allowable by law,whichever is less),on past due accounts,and agrees to pay attorney's fees or other costs incurred in collecting any delinquent amount. 6. Data, Records,Work Product and Repyrt(s).and Samples Data,Records,Work Product and Report(s)are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a minimum of two(2)years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRO otherwise. Upon CLIENT's written request,for an agreed charge FUGRO will store or deliver the samples in accordance with CLIENT's instructions. 7 Indemnification Each party(Indemnitor)shall protect,defend, indemnify and hold harmless the other party(Indemnitee)from and against any claims,damages,losses, and costs arising from this Agreement or the project, including, but not limited to, reasonable attorney's fees and litigation costs,to the extent such claims, damages, losses or costs are caused by the negligence of the Indemnitor regardless of the negligence of the Indemnitee its employees, affiliated corporations, officers,and sub-tier parties in connection with the project. 8 Consequential Damages Notwithstanding any other provision of this Agreement, CLIENT and FUGRO waive and release any claim against the other for loss of revenue,profit or use of capital, loss of services, business interruption and/or delay, loss of product, production delays, losses resulting from failure to meet other contractual commitments or deadlines,downtime of facilities,or for any special,indirect, delay or Consequential damages resulting from or arising out of this Agreement, or as a result of or in connection with the work,and whether based on negligence(whether sole or concurrent, active or passive), breach of warranty, breach of contract,strict liability or otherwise. 9 Biological Pollutants FUGRO's scope of work does not include the investigation, detection, or design related to the presence of any Biological Pollutants. The term "Biological Pollutants"includes, but is not limited to, mold, fungi, spores,bacteria,and viruses, and the byproducts of any such biological organisms. CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged,arising from,or caused directly or indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify,and hold harmless FUGRO from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in writing prior to acceptance of this Agreement.FUGRO will negotiate a greater limitation amount,and remove CLIENT's responsibilities,in exchange for an increase in fee to develop an expanded scope of work to provide biological pollutant protection. 10. Acceptance of Agreemenf These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not Initiate service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all preprinted terms and conditions on CLIENTS purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL CONDITIONS and FUGRO's involvement in CLIENT's project. 11. Termination of Contra CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees to fully compensate FUGRO for services performed including rermbursable expenses to the termination date, as well as demobilization expenses. FUGRO will terminate services without waiving any claims or incurring any liability _FN.IMEEA ------------------------- ------ - ----------------------------------------------------------------- - ------- O U m - N N Q E O � U N p _ ------------ ------------------ ------------------___i i. M r____ 12 ____________ N O N N E a` 2 3 N O T ECU N _ c C N � _ - - _ _______________Vr= _y OQ Q P .� C 06 YC_{OO c6IMc D a.. N� ______________ cu __-____-__-_ ;______ _ E_> 03 It _ - --- -----_- ------------- - - --- —fl U—.._•U______________m_ UC U UO c U cu oO ,O E O Q, U :U - r O _=W o — n Q N E 7 I� O o O_ :fl_ O �-+ o L A Lu ~ - ------------ni - WN i y� N p Z rrTl c Z U F-4 U W --------------------- ---------------- --'- - ---- -----' 0 0 0 0 0 Or"P'i 0 O O O O O O O O O O O O O O O c0 O a. z N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N > U (6 (6 p (6 (6 N 0 0 0 O O O N O O N N (6 N c6 (6 N O N N N c6 ITI y Z Z Z Z Z Z LL LL. .2' a 22 FBI O O N c6 OU LE m- � c) N ONNO O 4 _ - - d E� it N N N N N N N N N N N N N N N N N N N N N N N N N N N Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 0 0 0 0 0 0 LL 0Li- m0 0 cG a0 W co co m m m O co OO 66 07 O 6 6 c- ti 6 N W CO CO cM A 6w 0 0 0 0 0 0 0 0 c- N M O O c- r p N N r N 0 0 0 5° CD CD LD CDCDD CC) N N <Y cO (O tY M M-CO-I�-CO-M lO f� 0) M V CO O O o rnE r E O O w cn Nf 7 O O m E p Y � �S 3 U c a 8 Cn N (n T E °�$ Y O I E o o o n E o x O cq cn U U o aai api $ �' n E m w � W° Q Q X J J U W U w to U C 6 O6 O U Q— C `o n :° E U > o .� 't5 •+ p Z U In W E c 'c c I` U H U 00.. d U 3 � ¢ — E � m •� 0 0 p 0 0 0 0 0 0 0 LO CO N CD CD CDO CD O CDLO O O O N M LO CO N I— N ti r M cD O O2 � � I I O V O Ln cO O O 0 0 0 0 0 0 0 0 0 0 0 a � Q a Q Q Q Q a Q Q ¢ a a a Q ¢ a ¢ a Q ¢ a ¢ Q Q Q a Q ATTACHMENT C Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "ENGINEER") 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 ENGINEERs, whether such programs or activities are Federally funded or not); • Titles II 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 25 of 27 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); Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 23 • 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). City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 26 of 27 ATTACHMENT D VERIFICATION OF SIGNATURE AUTHORITY FORM Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Katus Watson Position: Senior Vice President Signature Name: Position: Signature Name: Signature of President/ CEO Other Title: Date: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 27 of 27