HomeMy WebLinkAboutContract 57073 CSC No. 57073
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: Construction Management Services
for Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport.
The Agreement documents shall include the following:
1 . This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services;
3. Attachment "B"— Compensation;
4. Attachment "C"— Project Schedule;
5. Attachment "D"— Location Map;
6. Attachment "E"— Federal Contract Provisions;
7. Attachment "F"— Sample Notice to Proceed; and
8. Attachment "G" —Verification of Signature Authority Form
Attachments "A", "B", "C", "D", "E", "F", and "G" which are attached hereto and incorporated
herein, are made a part of this Agreement for all purposes. In the event of any conflict
between the terms and conditions of the Attachments and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Services is set forth in Attachment "A".
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed $764,484.10
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
Construction Management Engineering Services CITY SECRETARY
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc. 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 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
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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
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited
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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 warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
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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. This is a federally funded project. Due to
the nature of the scope of services described in Attachment A, the CITY has
established a disadvantaged business enterprise (DBE) goal of 13% for this
contract.
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J. Right to Audit/ Responsibilities Upon Audit by Federal or State
Government
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of
the ENGINEER involving transactions relating to this contract. ENGINEER
agrees that the CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
(4) The services to be performed under this Agreement are part of a federally funded
project. ENGINEER agrees that in the event of a separate audit or
investigation conducted by a federal or state governmental entity related to the
federally funded project associated with this Agreement ("Government Action"),
ENGINEER will (i) provide copies of directly pertinent books, documents,
papers and records of the ENGINEER maintained and in possession of the
ENGINEER involving transactions relating to this Agreement requested by the
federal or state governmental entity and (ii) participate in meetings and
respond to inquiries requested by either the CITY or the federal or state
governmental entity investigating or auditing the federally funded project to the
extent those 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.
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K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1 ,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an additional insured with all rights of
defense under the CGL, using ISO additional insured endorsement
or a substitute providing equivalent coverage, and under the
commercial umbrella, if any. This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance
programs afforded to the CITY. The Commercial General Liability
insurance policy shall have no exclusions or endorsements that
would alter or nullify: premises/operations, products/completed
operations, contractual, personal injury, or advertising injury, which
are normally contained within the policy, unless the CITY specifically
approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non-owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
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,
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commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1 ,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees, officers,
officials, agents, and volunteers as respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
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
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Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self-insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, 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.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, 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 "D" to this AGREEMENT.
Q. Record and Invoice Retention
Section 2 of the Code of Federal Regulations (CFR), specifically 2 CFR
200.333-200.337, requires that a sponsor retain all grant related
documentation for three years after the sponsor submits the final payment
request. Since this Agreement is related to the management of an FAA grant
funded project, ENGINEER agrees to maintain all records and invoices,
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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
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
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timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
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.
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(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or assist
in litigation undertaken or defended by the CITY. In the event CITY requests
such services of the ENGINEER, this AGREEMENT shall be amended or a
separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER'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 each phase of this
AGREEMENT upon receipt of a written Notice to Proceed from the CITY as
also specified in Attachment "F".
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,
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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
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:
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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 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.
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
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-
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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.
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
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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.
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
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
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.
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
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For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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 Eineering Group Inc.
bay B�AGu7�
Dana Burghdoff( 3,202 7:35 CST)
Dana Burghdoff Sindhu Avalokita
Assistant City Manager Operations Leader
Date: Feb 3,2022 Date: 2-01-2022
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.
Tyler Dale(Feb2,202207:33 CST)
Tyler Dale
Airport Project Coordinator
APPROVED AS TO FORM AND LEGALITY
By:
Thomas Royce Hansen
Assistant City Attorney ��oF°F°Rr�aa
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ATTEST: 0,0o yid Form 1295 No. 2021-804655
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J ette S.Goodall(Feb 3,2022 08: ST) �nE oo Sbpa
Jannette S. Goodall M&C No. 21-0823
City Secretary
M&C Date: 10/19/2021
Construction Management Engineering Services OFFICIAL RECORD
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between CITY SECRETARY
The City of Fort Worth and Jacobs Engineering Group Inc.
FT. WORTH, TX
ATTACHMENT A
SCOPE OF SERVICES
Jacobs
Taxiway P Extension Phase II Scope of Work
September 09, 2021
Fort Worth Alliance Airport
Attachment A
Scope of Work
Construction Administration, Construction Observation, Materials and
Acceptance Testing, and Program Management
For
Taxiway P Extension Phase II
Alliance Airport
Fort Worth, Texas
PROJECT DESCRIPTION
Taxiway P Phase 2 Construction Project (Base Bid) at Fort Worth Alliance Airport is described
below:
Construction of Taxiway P between Taxiway D and Taxiway E. It will consist of over 10,000 square
yards of Portland Cement Concrete Taxiway pavement, Asphalt Taxiway shoulders, Taxiway lighting
and signage, Taxiway Pavement Markings, and erosion and sediment control.
It is anticipated, the City of Fort Worth will award a construction contract to apparent, responsive,
low-bidder for$5,632,393.08 for the construction of the Taxiway P Phase II at the Alliance Airport.
The project is primarily funded through the FAA's Airport Improvement Program (AIP) through a
series of grants.
A. CONSTRUCTION ADMINISTRATION
This task will consist of providing construction administration services during the construction of
the Taxiway Extension Project.
A.1.1 Project Management
Management activities will consist of planning, scheduling, budgeting, stakeholder coordination
and communication for the Project. Items include, but not limited to, a detailed work plan,
contracting and construction management, and a monthly status report.
Deliverables: The Engineer will provide Alliance Air Services and City of Fort Worth
Aviation Department with two (2) copies of the Work Plan and an electronic copy of
monthly status reports.
A.1.2 Prepare Issued for Construction (IFC) Plans and Specifications
The Engineer will assemble the plans and specifications into a construction ready package. This
will include the proposal submitted by apparent, responsive, low bidder and addition of any
addenda included in the bid package.
Deliverables: The Engineer will provide Alliance Air Services with an electronic copy and five
(5) copies of 11x17 plans and five (5) copies of the construction specifications. The Engineer
September 09,2021 Page 1 of 9
will provide the City of Fort Worth Aviation Department with an electronic copy and five (5)
copies of 11x17 plans and five (5) copies of the construction specifications. The Engineer will
provide the FAA with an electronic copy and five (5) copies of 11x17 plans and five (5) copies of
the construction specifications.
A.1.3 Preconstruction Meeting
The Engineer will coordinate the time, date, and location of the preconstruction conference. The
Engineer will notify Alliance Air Services, the FAA, the Contractor, the Resident Project
Representative (RPR), and other interested parties of the preconstruction conference and will
invite their representatives to attend. The Engineer will conduct the preconstruction conference
in accordance with FAA AC 150/5300-913 Predesign, Prebid, and Preconstruction Conferences
for Airport Grant Projects to review individual Contractor, RPR, Alliance Air Services, and
Engineer responsibilities.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth
Aviation Department and the FAA with an electronic copy of the Preconstruction Meeting
Agenda and Meeting Minutes
A.1.4 Construction Management Plan
The Engineer will develop a Construction Management Plan (CMP) in accordance with FAA
guidelines. The CMP will outline the personnel for the project, describe the inspection
procedures and frequencies, the submittal process, the quality control testing, acceptance
testing, and reporting of the test results. As used in this section, Construction Management shall
mean the Engineer's services during the construction phase of the services but shall not include
management of the City's contractors.
The Engineer shall furnish the CMP to the FAA prior to the start of construction. The CMP shall
detail the measures and procedures to be used to comply with the quality control provisions of
the construction contract, including, but not limited to, all quality control provisions and tests
required by the Federal specifications.
The CMP shall include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
3. Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Materials standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standard,
and the acceptance criteria or tolerances permitted for each type of test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that
September 09,2021 Page 2 of 9
they are documented daily, and that the proper corrective actions, where necessary,
are undertaken.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth
Aviation Department and the FAA with an electronic copy and two (2) copies of the
CMP.
A.1.5 Prepare Change Orders
The Engineer will provide construction documents necessary to address change orders during
the project. Documents may include; plan sheet revisions / additions, specification revisions /
additions, and updated project cost. Change orders may be required as a result of owner
initiated changes resulting from: a response to unexpected or changed site conditions; plan
deficiencies or clarifications; conflicts or ambiguities in specifications; extra or unanticipated, but
necessary, work; and/or design criteria changes directed by the City of Fort Worth Aviation
Department or FAA. Contractor initiated changes may be required as a result of repair
procedures to address damaged and/or non-conforming work; material substitution requests;
work method changes; and/or value engineering proposals. The Engineer will determine
justification for the change; prepare a description of the change; prepare revised plans and/or
specifications; define the pay items; estimate the cost of the change order; negotiate change
order prices and time with the contractor; review back-up documentation; process the change
order through the City of Fort worth Aviation Department, and track approval and execution of
the change order.
Deliverables: The Engineer will produce revised drawings and/or specifications, and
produce change order forms, to document changes to the construction documents
required to address changed conditions, owner directed changes, or value engineering
proposals accepted by the owner on up to fifteen (15) change orders.
A.1.6 Safety Plan Compliance Document (SPCD)
The Contractor is required to prepare a Safety Plan Compliance Document (SPCD). The
Engineer will review the Contractor's SPCD to verify that the Contractor has addressed all of the
items within the Engineer's Construction Safety Phasing Plan (CSPP).
Deliverables: None
A.1.7 Site Visits
The Engineer will make up to fourteen (14) periodic visits to the construction site to observe the
progress of the work. The Engineer will coordinate the site visits with the RPR. The Engineer
will meet with the RPR and the Contractor to discuss the project's progress and to identify areas
of concern to facilitate the construction.
Deliverables: None
A.1.8 Submittal / Shop Drawing Review
The Engineer will review up to one hundred and twenty-five (125) shop drawings and materials
submittals that are furnished by the Contractor, as required by the construction contract
September 09,2021 Page 3 of 9
documents, for the limited purpose of checking for conformance with information given and the
design concept expressed in the contract documents.
The Engineer's action shall be taken with such reasonable promptness as to cause no delay in
the work while allowing sufficient time in the Engineer's professional judgment to permit
adequate review. Review of such submittals will not be conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities
or for substantiating instructions for installation or performance of equipment or systems
designed by the construction contractor, all of which remain the responsibility of the construction
contractor. The Engineer's review shall not constitute approval of safety precautions or of
construction means, methods, techniques, sequences or procedures. The Engineer's approval
of a specific item shall not indicate approval of an assembly of which the item is a component.
Deliverables: The Engineer will provide an electronic copy of the reviewed submittal
along with one (1) hard copy to be delivered to the Contractor. A Submittal register will
be maintained throughout the project, presented at each weekly construction meeting
and available upon request.
A.1.9 Review Contractor Requests for Information (RFI)
It is anticipated that the contractor will submit RFIs. RFIs will be responded to in writing. Those
responses may include technical clarification of the plans and/or specifications in the form of a
narrative response, sketch, detail or drawing. The Engineer will coordinate these responses with
the RPR. The Engineer will review and respond to as many as fifty (50) RFIs submitted by the
Contractor.
Deliverables: The Engineer will provide an electronic copy of the reviewed RFI along
with one (1) hard copies to be delivered to the Contractor. An RFI register will be
maintained throughout the project, presented at each weekly construction meeting and
available upon request.
A.1.10 Weekly Construction Meetings
Weekly construction meetings will be utilized to coordinate construction activities with Alliance
Air Services, FAA, and other applicable parties. It is assumed that weekly construction meetings
will be conducted concurrently with site visits described in A.1.7.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth
Aviation Department and the FAA with an electronic copy and two (2) copies of the CMP.
A.1.11 Document Control
The Project Coordinator (PC) will prepare and maintain a submittal register identifying the
submittal number, description, specification section, specification paragraph, received date,
action date, and action taken. The PC will distribute copies of the submittals and the updated
submittal register to Alliance Air Services, Engineer and the Contractor. Additionally, the PC will
log and track Contractor Requests for Information (RFIs) The PC will distribute copies of the
RFIs and the updated RFI log to Alliance Air Services, City of Fort Worth Aviation Department,
the FAA and the Contractor. The PC will also maintain a file containing all available documents
identified on the Texas Airports Development Office Grant Documentation Compliance
Checklist.
Deliverables: Electronic filing of all related documents on ProjectWise Server/BIM
September 09,2021 Page 4 of 9
A.1.12 Preliminary Walkthrough
The Engineer will coordinate the date and time of the preliminary walkthrough via
teleconferences, letters, and email to Alliance Air Services, FAA, the Engineer, and the
Contractor. The RPR will prepare a summary report of the preliminary walkthrough, including a
punch list of work items that the Contractor must accomplish to prepare for a final walkthrough.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth Aviation
Department, and the FAA with an electronic copy of the preliminary punch list
A.1.13 Final Inspection
The Engineer will coordinate the date and time of the final walkthrough via teleconferences,
letters, and email to Alliance Air Services, FAA, the Engineer, and the Contractor. The RPR will
prepare a summary report of the final walkthrough; including a completed punch list for all
parties to review confirm completion.
Deliverables: The Engineer will provide Alliance Air Services with an electronic copy of
the final punch list
A.1.14 Record Drawings
The Engineer will prepare record drawings consisting of revisions to the electronic files used to
produce the construction documents. The record drawings shall represent the completed project
and reflect the actual work accomplished during construction. The record drawings shall be
based solely on Contractor's record copy of all drawings, specifications, addenda, change
orders, work change directives, field orders, and written interpretations and clarifications, as
delivered to Engineer, and annotated by Contractor to show changes made during construction.
Deliverables: The Engineer will provide Alliance Air Services, the City of Fort Worth
Aviation Department, and the FAA with electronic copies in AutoCad and PDF formats,
and two (2) copies of 11x17 plans.
A.1.15 Perform Warranty Review and Project Close-out
Upon completion of the final walkthrough, the RPR will prepare an AIP Final Inspection Report
(Form 5100-129) upon satisfactory completion of the work. The RPR will distribute the summary
report and the Al Final Inspection Report to AFW, FAA, the Engineer, and the Contractor.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth Aviation
Department and the FAA with an electronic copy and one (1) copy of FAA Form 5100-
129.
A.1.16 Final Construction Report
The Engineer will prepare the final construction report following the standard / current FAA
Southwest Region's format. The Engineer will prepare the required Project Closeout statements
and Sponsor Certifications. Two copies of the Construction Report will be submitted to Alliance
Air Services, one (1) copy to the FAA, and one (1) copy kept on file.
September 09,2021 Page 5 of 9
The final construction report shall include, a final test and quality control report documenting the
results of all tests performed, highlighting those tests that failed or that did not meet the
applicable test standard. The report shall include the pay reductions applied and the reasons for
accepting any out-of-tolerance material.
Deliverables: The Engineer will provide Alliance Air Services, City of Fort Worth
Aviation Department and the FAA with an electronic copy and one (1) copy the Final
Construction Report.
B. CONSTRUCTION OBSERVATION
This task will consist of providing construction observation (Resident Project Representation)
services during the construction of Taxiway P Extension Phase 11.
The RPR will monitor and observe the construction progress, coordinate with Alliance Air
Services, the Engineer, 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 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.
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
September 09,2021 Page 6 of 9
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
B.1.1 RPR Reporting
The RPR will prepare daily 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 daily 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 (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
September 09,2021 Page 7 of 9
Staffing Assumptions:
For the purpose of estimating required RPR and inspector man-hours, it is anticipated that the
contractor will work the following schedule:
September 2021 —April 2021 (210 Calendar days): 5—10-hour days, except holidays
*Closeout activities, Senior RPR only
Senior RPR: PMA (John Gibson), will primarily conduct the duties described above. The Senior
RPR will also assist with project close-out activities, which are estimated to take 28 days after
substantial completion.
C. QUANTITY VERIFICATION SURVEYING
This task will consist of providing quantity verification surveying services during the construction of
Taxiway P Extension Phase II.
C.1.1 Quantity Verification Survey
Jacobs will perform an initial field topographic survey of the project that is in compliance with the
standards and specifications of a Category 6, Topographical Survey as defined in the current
MANUAL OF PRACTICE for Land Surveying in the State of Texas, published by the Texas
Society of Professional Surveyors.
Quantity verification surveys for the project will be conducted for the purpose of verifying partial
pay requests, and upon completion of paving, to verify final quantities and finished grades. For the
purpose of verifying payment of earthwork quantities specified by the cubic yard, measurement for
all embankments shall be computed utilizing digital terrain models. The volume to be measured is
bound by the original ground line established by the initial topographic survey, and the final
theoretical pay line established by lines and grades shown on the plans. No construction
alignments or staking will be provided
EXCLUSIONS:
The Survey and Quality Control Plan, Project Status Reports, and Final Reports per
AC 50/5300-18B are not included in this scope of service.
The FAA forms and sketches pertaining to the existing vertical and horizontal network
control system in accordance with FAA Advisory Circular (AC) 150/5300-18B are not
included in this scope of service.
D. Materials and Acceptance Testing
The Engineer shall provide Materials and Acceptance Testing Service for the Taxiway P
Extension Phase II 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
September 09,2021 Page 8 of 9
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
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.
E. MISCELLANEOUS PLANNING ASSISTANCE AND EXHIBIT
PREPARATION
The proposed taxiway extensions have created development opportunities for AFW. On
occasion, the Alliance Air Services staff has called upon the Engineer to support them with
miscellaneous airport planning assignments. That work includes, but is not limited to:
• Attend meetings with Alliance Air Services staff.
• Preparation of preliminary site layouts and exhibits.
• Analysis of FAA imaginary surfaces on proposed development opportunities.
• Preparation of cost estimates.
• Preparation of aircraft parking layouts.
• Preparation of preliminary cost estimates.
September 09,2021 Page 9 of 9
ATTACHMENT B
COMPENSATION
Jacobs Fee Proposal Summary
Construction Phase Services for Taxiway P Extension Phase II
Alliance Airport, Fort Worth,Texas
Task Consultant Non-DBE Amount DBE Amount Total
Construction Admin/Survey Jacobs $ 226,151.16 $ - $ 226,151.16
Construction Admin Aviation Alliance $ - $ 29,626.83 $ 29,626.83
RPR Project Management Associates(PMA) $ 290,451.11 $ 290,451.11
Materials&Acceptance Testing Fugro $ 218,255.00 $ - $ 218,255.00
Total $ 444,406.16 $ 320,077.94 $ 764,484.10
9/9/2021
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Jacobs Fee Proposal (Aviation Alliance)
Construction Phase Services for Taxiway P Extension Phase II
Alliance Airport, Fort Worth,Texas
Base Bid (30 Weeks+ 12 Weeks Close Out)
Labor Hour Estimate Project Senior CADD Senior Total
Director Eng/PM Technician Support Hours
A.1.1 Project Management 1 8 - 16 25
A.1.2 Prepare Issued For Construction (IFC) Drawings - 1 6 - 7
A.1.3 Preconstruction Meeting - 2 - - 2
A.1.4 Construction Management Plan (CMP) - - - - -
A.1.5 Prepare Change Orders - 8 12 - 20
A.1.6 Safety Plan Compliance Document(SPCD) - - - - -
A.1.7 Site Visits(4) - 12 - - 12
A.1.8 Submittal/Shop Drawing Reviews(assume 25) - 16 - 12 28
A.1.9 Review Contractor RFI's(assume 30) - 16 - 4 20
A.1.10 Weekly Construction Meetings - 12 - - 12
A.1.11 Document Control - - - 4 4
A.1.12 Preliminary Walk-through - 4 - - 4
A.1.13 Final Inspection - 4 - - 4
A.1.14 Prepare Record Drawings - 4 8 - 12
A.1.15 Perform Warranty Inspections and Project Close-Out - 4 - 2 6
A.1.16 Final Construction Report - - - - -
Total Hours 1 91 26 38 156
Fee Proposal
Hourly Hours Labor
Rate Cost
Project Director $ 94.74 1 $ 94.74
Senior Engineer/Manager $ 86.06 91 $ 7,831.46
CADD Technician $ 38.74 26 $ 1,007.24
Senior Support Staff $ 35.00 38 $ 1,330.00
Salary Cost 156 $ 10,263.44
Overhead Rate @ 149.19% $ 15,312.03
Sub-Total $ 25,575.47
Profit @ 15% $ 3,836.32
Labor Cost $ 29,411.79
Expenses
Mileage($0.56 Per Mile) $ 0.56 384 $ 215.04
Courier/Express Mail $ 50.00 $ -
Printing&Plotting for Check Sets $100.00 $ -
Reproduction for QA/QC, Review and Bid Sets($150 per set) $150.00 $ -
Hotel (Per Diem$144) $144.00 $ -
Meals(Per Diem$56) $ 56.00 $ -
Airfare($300 Per Trip) $300.00 $ -
Parking($20 Per Day) $ 20.00 $ -
Rental Car($75 Per Day) $ 75.00 $ -
Total Expenses $ 215.04
Total Cost $ 29,626.83
9/9/2021
Jacobs Fee Proposal(PMA)
Construction Phase Services for Taxiway P Extension Phase II
Alliance Airport, Fort Worth,Texas
Base Bid(30 Weeks+4 Weeks Close Out)
Labor Hour Estimate Project Project CADD RPR Total
Manager Engineer Technician Hours
A.1.1 Project Management
A.1.2 Prepare Issued For Construction(IFC)Drawings
A.1.3 Preconstruction Meeting
A.1.4 Construction Management Plan(CMP)
A.1.5 Prepare Change Orders
A.1.6 Safety Plan Compliance Document
A.1.7 Site Visits-Assume Weekly
A.1.8 Submittal/Shop Drawing Reviews
A.1.9 Review Contractor RFI's
A.1.10 Weekly Construction Meetings
A.1.11 Document Control
A.1.12 Preliminary Walkthrough
A.1.13 Final Inspection
A.1.14 Prepare Record Drawings
A.1.15 Perform warranty inspections and project close-out
A.1.16 Final Construction Report
B.1.1 Senior Resident Project Representative(RPR)(30weeks @ 60 hrs) 1,800 1,800
Senior Resident Project Representative(RPR)(4weeks @ 40 hrs) 160 160
Total Hours 0 0 0 1,960 1,960
Fee Proposal
Hourly Hours Labor
Rate Cost
Project Manager $ 70.00 $
Project Engineer $ 66.00 $
CADD Technician $ 35.00 $
Salary Cost $
Office Overhead Rate @ 143.20% $ -
Resident Project Representative(RPR) $ 62.00 1,960 $ 121,520.00
Salary Cost 1,960 $ 121,520.00
Field Overhead Rate @ 102.10% $ 124,071.92
Sub-Total $ 245,591.92
Profit @ 10% $ 24,559.19
Labor Cost $ 270,151.11
Expenses
Mileage($0.56 Per Mile) $0.560 $ -
Courier/Express Mail $0.00 $
Printing&Plotting for IFC and Change Orders $3,000.00 $
Airfare($000 Per trip) $0.00 $
Parking($00 Per Day) $0.00 $ -
$1450.00/Month for truck lease $1,450.00 14 $ 20,300.00
Total Expenses $ 20,300.00
Total Cost $ 290,451.11
9/9/2021
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ATTACHMENT E
FORT WORTH.
City of Fort Worth
Federal Contract Provisions
Construction Management Engineering Services Page 41 of 60
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
Page 42 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
Page 43 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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;
Page 44 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
• 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
Page 45 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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 6201et 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
Page 46 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
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
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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.
3. 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
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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.
5. 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.
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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.
f. 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
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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.
in. 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
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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 minoritygroup 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).
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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
(a) 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.
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(b) "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.
(c) 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 OFFERER/BIDDER 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 ( 0 ) 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, forwhich 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
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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
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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
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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.
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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.
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ATTACHMENT F
SAMPLE NOTICE TO PROCEED
FORTWORTH.
Date:
NOTICE TO PROCEED
Engineer
Address
Phone: (xxx) xxx-xxxx
Project Name:
To whom it may concern:
Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on
the phase of the project on (date) . Prior to commencing work, it will be necessary
for you to contact , who is in charge of this portion of the project, and make arrangement with
him to inspect the project moving forward from this point. He may be contacted at(xxx)xxx-xxxx.
Sincerely,
City Employee
Phone
AVIATION DEPARTMENT
The City of Fort Worth a 201 American Concourse a Suite 330u Fort Worth,Texas 76106
Phone 817-392-5400 a Fax 817-392-5413
ATTACHMENT "G"
VERIFICATION OF SIGNATURE AUTHORITY FORM
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Vendor. City
is fully entitled to rely on the warranty and representation set forth in this Form in entering
into any agreement or amendment with Vendor. Vendor will submit an updated Form
within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name: Sindhu Avalokita
Position: Vice President
Signature Date: 2-01-2022
Name:
Position:
Signature
Name:
Signature of President/ CEO
Other Title:
Date:
Page 60 of 60
Construction Management Engineering Services
For Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport Between
The City of Fort Worth and Jacobs Engineering Group Inc.
REFERENCE **M&C 21- 55AFW TAXIWAY PAPA
DATE: 10/19/2021 NO.: 0823 LOG NAME: EXTENSION PHASE II
CONSTRUCTION OVERSIGHT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize the Execution of an Engineering Services Agreement with Jacobs
Engineering Group, Inc. in the Amount of$764,484.10 for Construction Management
Services for Phase II of the Taxiway Papa Extension Project at Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering services
agreement with Jacobs Engineering Group, Inc. in the amount of$764,484.10 for construction
management services for Phase II of the Taxiway Papa Extension project at Fort Worth Alliance
Airport (City Project No.103000).
DISCUSSION:
The Aviation Department is seeking City Council approval to authorize the execution of an engineering
services agreement with Jacobs Engineering Group, Inc. (Jacobs) in the amount of$764,484.10 for
construction management services for Phase II of the Taxiway Papa Extension project (Project) at
Fort Worth Alliance Airport (Airport).
On April 15, 2020 and April 22, 2020, a Request for Qualifications (RFQ) was advertised in the Fort
Worth Star-Telegram for noise mitigation measures, future grant related projects, and general airport
engineering services at the Airport. On May 8, 2020, two statements of qualifications were received.
After analyzing the submitted proposals in accordance with the City of Fort Worth (City) procedures,
Jacobs was selected. Jacobs also provided the design for this Project.
The location of this Project is on the southwest corner of the Airport (see attached map), and will
connect the currently-ongoing construction of Phase I of the Project to existing Taxiway
Delta. This taxiway extension will eventually provide a connecting surface at the midpoint of the
runway, greater ease of access to tenants on the west side of the Airport, and allow for better overall
operational efficiency. This Project also provides additional public protection along the west perimeter
of the Airport by providing a larger protection zone that will enhance the margin of safety on airport
property ground in accordance with Federal Aviation Advisory Circulars. Taxiway Papa construction
will be divided into multiple phases to match available funding. Federal Aviation Administration (FAA)
Discretionary Grant funding is being used for this Project.
Since no City salaries will be charged to this grant, indirect cost recovery does not apply.
Jacobs Engineering Group, Inc. is in compliance with the City's DBE Program by committing to 41\%
DBE participation on this project. The City's DBE goal on this project is 13\%.
ADVISORY BOARD APPROVAL - On March 11, 2021, the Aviation Advisory Board voted to
recommend that the City Council approve the Aviation Department's Five-Year Capital Improvement
Plan. The Taxiway Papa Extension project was a part of the approved plan.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Muni Airport Grants Federal Fund for the AFW Taxiway Papa Ext Phase II project
to support the approval of the above recommendation and execution of the agreement. The Aviation
Department (and Financial Management Services) will be responsible for the collection and deposit of
funds due to the City. Prior to an expenditure being incurred, the Aviation Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity I Budget Reference # Amount 1
ID , ID Year , (Chartfield 2) J
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
FID Table Jacobs Construction Oversight Agreement.xlsx (CFW Internal)
Funding Screenshot.ipg (CFW Internal)
MWBE Compliance Memo.pdf (CFW Internal)
Taxiway Papa Extension Phase II CO M&C Map.pdf (Public)
TW P Form 1295 Certificate 100825776.pdf (CFW Internal)