HomeMy WebLinkAboutContract 60547CSC No. 60547
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 III of the Taxiway Papa Extension Project at Perot Field Fort Worth Alliance
Airport.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Work;
3. Attachment "B" — Compensation;
4. Attachment "C" — Project Schedule;
5. Attachment "D" — Federal Contract Provisions;
Attachments "A", "B", "C", and "D" which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. In the event of any conflict between the
terms and conditions of the Attachments and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Work is set forth in Attachment "A".
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$820,762.02 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.
Construction Oversight Agreement for Taxiway Papa Phase II I at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including
but not limited to meeting the requirements set forth in Attachments "A"
and "C" to this AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under
this AGREEMENT until paid in full. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
Construction Oversight Agreement for Taxiway Papa Phase III at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill
and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project
other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on -site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited
to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control
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Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth
in Attachment A, the ENGINEER or its personnel shall have no obligation
or responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in
a manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the
Contract Documents or this AGREEMENT between CITY and
ENGINEER be construed as requiring ENGINEER to make exhaustive or
continuous on -site inspections to discover latent defects in the work or
otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required in the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
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Perot Field Fort Worth Alliance Airport
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observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Business Equity Firm (BEF) and Disadvantaged Enterprise (DBE)
Participation
ENGINEER will be responsible for abiding by both City's BEF goals under the
City's Code of Ordinances as well as the DBE Program Goal for Perot Field
Fort Worth Alliance Airport required for participation in the U.S. Department of
Transportation assisted aviation projects ("DBE Program"). Engineer
acknowledges the goals established for this contract under the DBE Program
and its accepted written commitment to DBE participation. Any
misrepresentations of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
Agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years. This is a federally funded project and
therefore compliance with the DBE program is required.
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.
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Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions
of this article together with subsection (3) hereof. CITY shall give
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as
may be requested by the CITY. The CITY agrees to reimburse
ENGINEER for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
(4) The services to be performed under this Agreement are part of a
federally funded project. ENGINEER agrees that in the event of a
separate audit or investigation conducted by a federal or state
governmental entity related to the federally funded project associated
with this Agreement ("Government Action"), ENGINEER will (i) provide
copies of directly pertinent books, documents, papers and records of the
ENGINEER maintained and in possession of the ENGINEER involving
transactions relating to this Agreement requested by the federal or state
governmental entity and (ii) participate in meetings and respond to
inquiries requested by either the CITY or the federal or state
governmental entity investigating or auditing the federally funded project
to the extent those meetings or inquiries (a) relate to this Agreement and
the work performed by ENGINEER under this Agreement and (b) are
required by the Government Action.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per
each occurrence with a $2,000,000.00 aggregate. If such
Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this PROJECT or location.
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 -
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Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit
of not less than $1,000,000 each accident. Such insurance shall
cover liability arising out of "any auto", including owned, hired, and
non -owned autos, when said vehicle is used in the course of the
PROJECT. If the engineer owns no vehicles, coverage for hired or
non -owned is acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or
$100,000.00 each employee for bodily injury by disease, with
$500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional
liability, a claims -made policy, with a minimum of $1,000,000.00 per
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
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Between The City of Fort Worth and Jacobs Engineering Group Inc.
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submitted to the CITY for each year following completion of the
contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has
obtained all required insurance shall be attached to this
AGREEMENT prior to its execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 200 Texas Street, Fort Worth, Texas
76102.
f. Insurers for all policies must be authorized to do business in the State
of Texas and have a minimum rating of A:V or greater, in the current
A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self -insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval
by the CITY in writing, if coverage is not provided on a first -dollar
basis. The CITY, at it sole discretion, may consent to alternative
coverage maintained through insurance pools or risk retention
groups. Dedicated financial resources or letters of credit may also
be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
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Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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endorsements thereto and, at the CITY's discretion; the ENGINEER
may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage
is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained
after final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER.
When sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine of
respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(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.
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Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
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(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 "C" to this AGREEMENT.
Q. Record and Invoice Retention
This Agreement is for the management of an FAA grant funded project.
ENGINEER agrees to maintain all records and invoices, including sub-
contractor invoices, related to the project associated with this Agreement for at
least five (5) years and to provide all records and invoices, including sub-
contractor invoices to the City upon completion of the work listed under this
Agreement or at any time throughout the term of this Agreement if requested
by the City.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
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
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Between The City of Fort Worth and Jacobs Engineering Group Inc.
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the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment "D".
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant, or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article 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.
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Between The City of Fort Worth and Jacobs Engineering Group Inc.
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H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity or
person shall have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of
any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate
of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or assist
in litigation undertaken or defended by the CITY. In the event CITY requests
such services of the ENGINEER, this AGREEMENT shall be amended or a
separate agreement will be negotiated between the parties.
K. Changes
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
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required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of
the CITY of any such instruments of service without the written permission of
the ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER will exercise good faith efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable
for any delay or omission in performance, except performance of the obligation
of a Party to pay moneys under or pursuant to this Agreement, due to force
majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts
of God; acts of the public enemy; fires; strikes; lockouts; natural disasters;
wars; riots; epidemics or pandemics; government action or inaction; orders of
government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board,
department, commission, or agency of the United States or of any States; civil
disturbances; other national or regional emergencies; or any other similar
cause not enumerated herein but which is beyond the reasonable control of
the Party whose performance is affected (collectively, "Force Majeure Event").
The performance of any such obligation is suspended during the period of, and
only to the extent of, such prevention or hindrance, provided the affected Party
provides notice of the Force Majeure Event, and an explanation as to how it
prevents or hinders the Party's performance, as soon as reasonably possible
after the occurrence of the Force Majeure Event, with the reasonableness of
such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with
this Agreement.
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Between The City of Fort Worth and Jacobs Engineering Group Inc.
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D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify and hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or resulting
from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier. CITY is
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Between The City of Fort Worth and Jacobs Engineering Group Inc.
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entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
K. No Boycott of Israel
If ENGINEER has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. ENGINEER
acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, the Owner is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of
the Texas Government Code. By signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to the
Construction Oversight Agreement for Taxiway Papa Phase III at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 15 of 20
Owner that ENGINEER: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
L. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that, in accordance with Chapter 2274 of the
Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2, the Owner is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or
partly from public funds of the Owner with a company with 10 or more full-
time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this
Agreement, ENGINEER certifies that ENGINEER's signature provides
written verification to the Owner that ENGINEER: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
M. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1, the Owner is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the Owner with a company with 10 or
more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the Owner that ENGINEER: (1) does not have
a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
Construction Oversight Agreement for Taxiway Papa Phase III at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 16 of 20
N. Immigration
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by Owner,
ENGINEER shall provide Owner with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY OWNER AND
HOLD OWNER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. Owner, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER."
O. Electronic Signatures
This Agreement may be executed by electronic signature, which will be
considered as an original signature for all purposes and have the same force
and effect as an original signature. For these purposes, "electronic
signature" means electronically scanned and transmitted versions (e.g. via
pdf file or facsimile transmission) of an original signature, or signatures
electronically inserted via software such as Adobe Sign.
P. Counterparts
This Agreement may be executed in any number of counterparts. Each
counterpart shall be deemed an original, and all counterparts shall be
deemed the same instrument with the same effect as if all parties hereto had
signed the same signature page. Each party may transmit its signature by
facsimile or e-mail (PDF or similar), and any faxed or e-mailed signed
counterpart of this Agreement shall have the same force and effect as an
original.
Q. Changes of Work
The ENGINEER shall make such revisions in the work included in this
AGREEMENT which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays and
without additional cost to the CITY. If the CITY finds it necessary to request
changes to previously satisfactorily completed work or parts thereof, the
ENGINEER shall make such revisions if requested and as directed by the
CITY. This will be considered as additional work and paid for as specified
under Additional Work.
Construction Oversight Agreement for Taxiway Papa Phase II I at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 17 of 20
R. Additional Work
Work not specifically described under "Scope of Services" must be approved
by supplemental agreement to this AGREEMENT by the CITY before it is
undertaken by the ENGINEER. If the ENGINEER is of the opinion that any
work he has been directed to perform is beyond the scope of this agreement
and constitutes extra work, he shall promptly notify the CITY in writing. In the
event the CITY finds that such work does constitute extra work, then the CITY
shall so advise the ENGINEER, in writing, and shall provide extra
compensation to the ENGINEER for doing this work on the same basis as
covered under Compensation and as provided under a supplemental
agreement. The lump sum fee shall be adjusted if additional work is approved
by supplemental agreement and performed by the ENGINEER.
S. Consequential Damages
Notwithstanding any other provision of this AGREEMENT to the contrary, the
parties hereto mutually agree that neither party shall be liable to the other for
any indirect, incidental, consequential, exemplary, punitive or special damages
or loss of income, profit or savings of any party, including third parties, arising
directly or indirectly from the parties' relationship under this AGREEMENT or
applicable law. This provision does not apply in the event that the City is
required to pay back any Federal grant funding or is required to pay damages
to the Federal Government related to the project associated with this
Agreement resulting from the negligence of ENGINEER in performance of its
services, regardless of whether the damages could be considered indirect,
incidental, consequential, exemplary, punitive, or special damages.
T. Limit to Use Hard Copies
As a component of the Services provided under this AGREEMENT,
ENGINEER may delivery electronic copies of certain documents or data (the
"Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of the CITY. The CITY and its consultants, contractors and
subcontractors may only rely on the Hard Copies furnished by the ENGINEER
to the CITY. If there is any discrepancy between Electronic File and the
corresponding Hard Copy, the Hard Copy controls.
U. Acceptance Procedure
The CITY acknowledges that Electronic Files can be altered or modified
without the ENGINEER's authorization, can become corrupted and that errors
can occur in the transmission of such Electronic Files. The CITY agrees that it
will institute procedures to preserve the integrity of the Electronic Files received
from ENGINEER until acceptance. The CITY further agrees that it will review
the Electronic Files immediately upon receipt and conduct acceptance tests
within thirty (30) days, after which period the CITY shall be deemed to have
accepted the Electronic Files as received. The ENGINEER will undertake
Construction Oversight Agreement for Taxiway Papa Phase II I at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 18 of 20
commercially reasonable efforts to correct any errors in the Electronic Files
detected within the 30-day acceptance period. The ENGINEER shall not be
responsible to maintain the Electronic Files after acceptance by the CITY.
V. Warranty of Compatibility
The ENGINEER does warrant and represent that the Electronic Files will be
compatible with or useable or readable by systems used by the CITY and its
consultants, contractors, and subcontractors. The ENGINEER is not
responsible for any problems in the interaction of the Electronic Files with other
software used by the CITY or its consultants, contractors, and subcontractors.
W. Subordination of AGREEMENT to Certain Agreements with Federal
Government; FAA Approval
This AGREEMENT shall be subordinate in all respects to the provisions of any
existing or future leases or contracts between the CITY and the United States
or any agency thereof which relates to the operation or maintenance of the
Airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development,
maintenance, or repair of the Airport. Although this Agreement shall be and
become effective upon the execution hereof by the parties hereto, it shall
nevertheless be subject to approval by the FAA, and the parties hereby
covenant and agree to make any modifications or amendments hereto that
may be required to obtain such approval; provided however, if such
modifications or amendments affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be negotiated
between the parties through an amendment to this AGREEMENT with
appropriate CITY approval.
X. ENTIRETY OF AGREEMENT
This AGREEMENT, including its attachments and schedules, constitutes the
entire AGREEMENT, which supersedes all prior written or oral
understandings, and may only be changed by a written amendment executed
by both parties.
SIGNATURE PAGE TO FOLLOW
Construction Oversight Agreement for Taxiway Papa Phase II I at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 19 of 20
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Jacobs Engineering Group Inc.
DGi!'lGi �GI�GIGIG>!D�F S Dana Burghdoff(Dec ,202318:64 CST) L ✓i /4.
Dana Burghdoff Sindhu Avalokita
Assistant City Manager Operations Leader
Date: Dec 1, 2023 Date: November 27, 2023
APPROVAL RECOMMENDED:
By:
-�4—
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.
Erbnl L . 2&d e w
Erin Roden
Senior Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY
By:
Thomas Royce Hansen
Assistant City Attorney
ATTEST: Form 1295 No. 2023-1078391
Jannette S. Goodall M&C No. 23-0970
City Secretary
M&C Date: 11/14/2023
Construction Oversight Agreement for Taxiway Papa Phase III at
Perot Field Fort Worth Alliance Airport
Between The City of Fort Worth and Jacobs Engineering Group Inc.
Page 20 of 20
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Attachment A
Scope of Work
Construction Oversight of Taxiway P Extension Phase III
Perot Field Fort Worth Alliance Airport
PROJECT DESCRIPTION
Taxiway P is a parallel taxiway to Runway 16R-34L at Perot Field Fort Worth Alliance Airport (AFW) and services
Aircraft Design Group V (ADG-V) aircraft accessing facilities on the west side of the airport. Taxiway P Extension Phase
III Issued for Bid (IFB) documents include the extension of Taxiway P to the north by approximately 675 feet and
construction of approximately 325 feet of Taxiway F between Taxiway P and Runway 16R-34L. IFB documents include
an Additive Alternate to replace the taxiway centerline lights and circuit conductors that that fall within Taxiway B,
transition across Runway 34L pavement, and Taxiway P including the Taxiway C and D connectors that were installed
as part of the West Cargo & Taxiway project. These improvements will replace the old incandescent centerline lights
with LED for consistency in accordance with Federal Aviation Administration (FAA) criteria along the designated
Surface Movement Guidance and Control System (SMGCS) route and Taxiway D.
It is anticipated, the City of Fort Worth (CFW) will award a construction contract to the apparent, responsive, low -
bidder for the construction of the Taxiway P Extension Phase III at AFW. The project is primarily funded through the
FAA's Airport Improvement Program (AIP) through a series of grants.
SCOPE OF SERVICES
Construction Administration, Construction Observation, Quantity Verification Surveying, and Materials and Acceptance
Testing as described below.
1. CONSTRUCTION ADMINISTRATION
1.1. Project Management
Management activities will consist of planning, scheduling, budgeting, stakeholder coordination, and communication
for the Project.
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.
1.3. Preconstruction Meeting
The Engineer will coordinate the time, date, and location of the preconstruction conference. The Engineer will notify
AFW staff, City of Fort Worth (CFW), Federal Aviation Administration (FAA), Contractor, 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 Advisory
Circular (AC) 150/5300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects to review
individual Engineer, AFW/CFW, Contractor, and RPR responsibilities.
1.4. Construction Management Plan
The FAA requires Sponsors to prepare a Construction Management Plan (CMP) for projects which contain paving work
in excess of $500,000. The Engineer will develop a CMP in accordance with FAA AC 150/5370-12B, Appendix A. The
CMP will outline the personnel for the project, describe the inspection procedures and frequencies, the submittal
Attachment A Construction Oversight of Taxiway P Extension Phase It/
Jacobs Engineering Group Inc. Page 1 of 7 Proposal
.;acobs
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 will furnish the CMP to the FAA prior to the start of construction.
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 AFW/CFW 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 AFW/CFW 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 CFW, and track approval and execution of the change order.
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, AFW/CFW directed changes, or value
engineering proposals accepted by AFW/CFW on up to fifteen (15) change orders.
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 the items within the Engineer's Construction Safety
Phasing Plan (CSPP).
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
1.8. Submittal / Shop Drawing Review
The Engineer will review up to seventy-five (75) shop drawings and materials submittals that are furnished by the
Contractor, as required by the construction contract 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 will 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
will not constitute approval of safety precautions or of construction means, methods, techniques, sequences, or
procedures. The Engineer's approval of a specific item will not indicate approval of an assembly of which the item is a
component.
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.
Attachment A Construction Oversight of Taxiway P Extension Phase It/
Jacobs Engineering Group Inc. Page 2 of 7 Proposal
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1.10. Weekly Construction Meetings
The Engineer will coordinate weekly construction meetings that will be utilized to coordinate construction activities
with AFW/CFW, FAA, and other applicable parties. It is assumed that weekly construction meetings will be conducted
concurrently with site visits described in 1.7.
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 the Engineer, AFW/CFW, Contractor, and RPR.
Additionally, the PC will log and track Contractor RFIs. The PC will distribute copies of the RFIs and the updated RFI log
to the Engineer, AFW/CFW, Contractor, and RPR.
1.12. Preliminary Walkthrough
The Engineer will coordinate the date and time of the preliminary walkthrough via teleconferences, letters, and email
to AFW/CFW, FAA, Contractor, and RPR. 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.
1.13. Final Inspection
The Engineer will coordinate the date and time of the final walkthrough via teleconferences, letters, and email to
AFW/CFW, FAA, Contractor, and RPR. The RPR will prepare a summary report of the final walkthrough; including a
completed punch list for all parties to review confirm completion.
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 will represent the completed project and reflect the actual work
accomplished during construction. The record drawings will 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.
1.15. Perform Warranty Review and Project Closeout
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 AIP Final Inspection Report to
Engineer, AFW/CFW, FAA, and Contractor.
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.
2. CONSTRUCTION OBSERVATION
This task will consist of providing Construction Observation services by means of the Resident Project Representative
(RPR) during the construction of Taxiway P Extension Phase III.
The RPR will monitor the construction progress and will coordinate with the Engineer, AFW Operations, and the
Contractor. Additionally, the RPR will provide construction observation to determine whether the work is proceeding
according to the construction contract documents. The RPR will notify the Engineer if problems, disputes, or changes
arise during construction. The RPR will observe in the field all work including Portland cement concrete pavement,
stabilized subbase, lime -treated subgrade, asphalt shoulders, taxiway edge and centerline lights, airfield signs, airfield
pavement markings, and temporary and permanent erosion and sedimentation controls. The RPR will be responsible
for all daily activities, Contractor coordination, scheduling of materials testing, and ensuring all items are installed per
the construction contract documents.
Attachment A Construction Oversight of Taxiway P Extension Phase It/
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The RPR's duties are as follows:
• Check Contractor activities to ensure compliance with the plans and specifications and inform the Contractor
of any work that is in noncompliance.
• 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.
• Visit the testing laboratory to determine if it has the equipment and qualified personnel necessary to conduct
the tests required by the specifications.
• 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.
• Review test reports and certifications for conformance with the specifications.
• Maintain a file of test reports and certifications.
• Inform the Contractor of deficiencies so corrections can be made, and retesting performed prior to covering
any substandard work with additional material.
• Document quantities of materials used on the project by actual measurements and computations in a field
notebook or computer printouts retained in a folder. For materials paid for on a weight basis, a summary of
the material placed each day should be kept in the field notebook. The notebook and/or computer printouts,
supported by the original set of weigh tickets, is the basis for payment.
• Maintain a set of working drawings on the job site that can be used to prepare "as -built" drawings.
• Review payment requests from the Contractor.
• 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.
• 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:
o Date and weather conditions.
o Names of important visitors.
o Construction work in progress and location.
o Daily reports shall document daily quantities of pay items installed
o Any safety infractions and corrections made to forestall future occurrence
o Size of Contractor's workforce and equipment in use.
o Number of hours worked per day for Contractor and subcontractors.
o The substance of important conversations with the Contractor about conduct, progress, changes,
test results, interpretations of specifications, or other details.
• Prepare daily construction progress reports of the construction activities that are observed.
• Document the progress of the construction with photographs taken on a weekly basis.
• Submit copies of FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the
FAA on a weekly basis, including photographs.
• Maintain SWPPP and all reporting required.
Attachment A Construction Oversight of Taxiway P Extension Phase It/
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3. QUANTITY VERIFICATION SURVEYING
This task will consist of providing quantity verification surveying services during the construction of Taxiway P
Extension Phase III.
3.1. Horizontal and Vertical Control Survey
The Engineer will install reliable horizontal control and vertical benchmark(s) to be used for control at the site
throughout the duration of construction. The locations of the benchmarks will be installed within a close proximity to
avoid destruction or disturbance. If for any reason during construction the control and / or benchmarks have been
destroyed, the Engineer will install new ones on an as needed basis.
The Engineer will use the existing PACS / SACS monumentation adjusted horizontally to the North American Datum of
1983 (NAD83) and vertically to North American Vertical Datum of 1988 (NAVD 88) and use GPS derived orthometric
heights to provide NAVD 88 elevations for the project. The control and benchmarks will be tied to the applicable
Texas State Plane Coordinate System zone utilized for the control network at AFW.
The Engineer will furnish the following information for each bench mark and monument installed:
• Date of survey
• Identification number
• Horizontal location established by control network system as specified above
• Elevation relative to the project datum or other vertical controls as specified above
All surveys performed shall depict a minimum of two ties for reference information only.
3.2. Field Topographic Survey
The Engineer 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. Positions and elevations of
natural ground features will be taken for the purposes of validating quantities at a maximum of four (4) mobilization
trips to the field on separate occasions as requested by the contractor. An ASCII (*.csv) and a CAD file will be delivered
with these findings.
Field topographic 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 will 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.
In total, the Engineer will perform four (4) field topographic surveys at the following construction milestones:
• Pre -construction natural ground
• Completion of excavation for subgrade
• Completion of base course installation
• Completion of pavement installation
4. MATERIALS AND ACCEPTANCE TESTING
The Engineer will provide Materials and Acceptance Testing Service for the Taxiway P Extension Phase III Project,
according to the estimated quantities in the CMP. Quality assurance testing will be in accordance with the
requirements in the construction contract general provisions, technical specifications, and CMP.
The Engineer will engage a laboratory for the purposes of conducting the materials and acceptance testing for the
project. The services of the laboratory will be performed in accordance with the basic requirements of ASTM E 329,
Attachment A Construction Oversight of Taxiway P Extension Phase It/
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Recommended Practice for Inspection and Testing Agencies, ASTM C1077, Standard Practice for Laboratories Testing
Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation, and ASTM D3666,
Standard Practice for Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving Materials, as
published by the American Society of Testing Materials.
The Engineer will promptly submit to the AFW/CFW formal reports from the laboratory of all tests and inspections
indicating, where applicable, compliance with the project specifications or other contract documents. Such reports will
be complete and factual, citing the tests performed, methods employed, values obtained, project area involved, and
other pertinent data. These reports will be signed by a registered professional engineer with expertise in the area for
which the report is made. The reports will be distributed only as specifically designated by AFW/CFW.
Each test report for material in -place should, at a minimum, contain the following:
• Test performed and date.
• Applicable standard or project specification.
• Test location.
• Test result.
• Action taken on failing tests.
• 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 will report immediately to the Engineer and RPR, any materials tested or inspected, which do not
comply with the project requirements. The laboratory or its representative will not act as foreman or perform other
duties for the Contractor.
ASSUMPTIONS. CLARIFICATIONS. AND EXCLUSIONS
The following services are excluded from this scope and will be performed as an additional service, if required for the
project:
• AFW does not issue Security Identification Display Area (SIDA) Badges.
• Employees that will perform work in the field will be required to complete On-line Training (4 hours) and in -
Person Training (2 hours) facilitated through the AFW Operations Manager. In -Person Training will be
completed the same day that field work begins and will not require a separate trip.
• Field employees will need to be in a vehicle with an amber beacon light and company logos. Field employees
will need to wear proper PPE. All work will be coordinated five (5) business days in advance with AFW
Operations.
• AFW will provide any necessary Right -Of -Entry (ROE) permits/permissions prior to the start of field work.
• Survey and Quality Control Plan, Project Status Reports, and Final Reports per FAA AC 150/5300-18B
• FAA forms and sketches pertaining to the existing vertical and horizontal network control system in
accordance with FAA AC 150/5300-18B
• Additional topographic surveying including establishing construction alignments or staking
• Additional geotechnical investigation and/or reports
• Environmental studies and/or reports
Attachment A Construction Oversight of Taxiway P Extension Phase It/
Jacobs Engineering Group Inc. Page 6 of 7 Proposal
.;acobs
• For the purpose of estimating required RPR man-hours, it is anticipated that the Contractor will work the
following schedule:
o January 2024 — August 2024 (208 Calendar days): 10 hours/day — 5 days/week, except holidays
o PMA will conduct the RPR duties. The RPR will also assist with project closeout activities, which are
estimated to take 28 days after substantial completion.
Attachment A Construction Oversight of Taxiway P Extension Phase It/
Jacobs Engineering Group Inc. Page 7 of 7 Proposal
Jacobs
Attachment B
Lump Sum Fee Proposal - Base Bid
IJACOBS
QUALITYMANAGER
SHALYCE CHILDERS
90.00
90.00
$93.77
IJACOBS
PROJECTMANAGER
THOMAS MILLS
$523.58
466.00
362.00 80.00
4.00
20.00 $77.73
IJACOBS
PROJECT ENGINEER
JASON GATMAITAN
$1,963.43
1020.00
884.00 40.00
16.00
80.00 $61.31
IJACOBS
PROJECT ENGINEER
RICH MEISSNER
94.00
94.00
$69.45
IJACOBS
STANDARDS MANAGER
BRIAN BARTLETT
68.00
60.00
8.00
$73.33
IJACOBS
ADMINISTRATIVE ASSISTANT
CERISSA KNIGHT
$130.90
8.00
8.00
$32.97
IJACOBS
SR. SURVEY PM
MARK KEETON
$3,000.00
35.00
35.00
$85.69
IJACOBS
SR. SURVEY TECHNICIAN
ADAM PITCHFORD
30.00
30.00
$48.43
IJACOBS
SURVEY TECHNICIAN
MATTHEW LANGLOIS
18.00
18.00
$41.25
IJACOBS
SURVEY TECHNICIAN
PABLO RETANA
18.00
18.00
$43.37
IJACOBS
PARTY CHIEF - FIELD
JUAN CEHYAH
40.00
40.00
$38.87
IJACOBS
PARTY CHIEF - FIELD
CARLOS RETANA
40.00
40.00
$37.10
IJACOBS
INSTRUMENT OPER. - FIELD
MARKGONZALEZ
40.00
40.00
$24.24
IJACOBS
INSTRUMENT OPER. - FIELD
CHRIS RETANA
40.00
40.00
$32.42
IJACOBS
SURVEY ADMIN. ASSISTANT
SARAH GARCIA
10.00
10.00
$47.18
MILEAGE (36 MILES X $0.655)
$23.58
$188.64
TOLLS
$8.00
$64.00
AIRFARE
$400.00
$1,200.00
HOTEL
$150.00
$450.00
RENTAL CAR
$65.00
$195.00
MEALS
$20.00
$360.00
REPRODUCTION
$160.26
$160.26
SURVEYMILEAGE
$750.00
$750.00
SURVEY EQUIPMENT
$2,250.00
$2,250.00
TOTAL EXPENSES
$S,617.90
ASSUMPTIONS FOR EXPENSES
LOCAL SITE VISITS
8
TRIPS TO FORT WORTH, TX
31
MEALS
181
$99.03
$19.28
$212.08
$17,352.04
$1,73520
$19,087.25I
$82.09
$15.98
$175.80
$74,476.42
$7,447.64
$81,924.07I
$64.75
$12.61
$138.67
$128,58068
$12,85807
$141,438.751
$73.35
$14.28
$157.08
$13,422.84
$1,342.28
$14,765.121
$77.44
$15.08
$165.85
$10,252.62
$1,02526
$11,277.881
$34.82
$6.78
$74.57
$542.32
$54.23
$596.551
$90.50
$17.62
$193.81
$6,166.55
$61666
$6,783.211
$51.15
$9.96
$109.53
$2,987.31
$298.73
$3,286.04I
$43.56
$8.48
$93.30
$1,526.65
$15267
$1,679.321
$45.80
$8.92
$98.09
$1,605.12
$160.51
$1,765.631
$41.05
$7.99
$87.91
$3,196.82
$31968
$3,516.511
$39.18
$7.63
$83.91
$3,051.25
$305.13
$3,356.381
$25.60
$4.98
$54.82
$1,993.59
$19936
$2,192.951
$34.24
$6.67
$73.32
$2,666.35
$266.64
$2,932.991
$49.83
$9.70
$106.71
$970.07
$9701
$1,067.07I
$274,766.78
COSTS
$27,476.68
PROFIT
$307,861.36
TOTAL
Attachment 8 Construction Oversight of Taxiway P Extension Phase 111
Jacobs Engineering Group Inc. Page 1 of 5 Proposal
Jacobs
�JACOBS QUALITY MANAGER
SHALVCE CHILDERS
�JACOBS PROJECT MANAGER
THOMASMILLS
IJACOBS PROJECT ENGINEER
JASON GATMAITAN
IJACOBS PROJECT ENGINEER
RICH MEISSNER
IJACOBS STANDARDS MANAGER
BRIAN BARTLETT
IJACOBS ADMINISTRATIVE ASSISTANT CERISSA KNIGHT
Attachment B
Lump Sum Fee Proposal - Base Bid
TASK 1 DETAILED MANPOWER BREAKDOWN - BASE BID
90.00
4000
362.00
7400
20.00
400
20.00
4000
884.00
40.00
400
20.00
20000
94.00
20.00
400
60.00
8.00
1524.00
124.00
BOAO
12.00
40.00
240.00
20.00
1000
2.00
14.00
40.00
20.00
4000
40.00
4.00
28.00
180.00
60.00
4000
160.00
1000
20.00
1000
10.00
4000
8.00
57.00
260.00
100.00
95.00
240.00
1000
10.00
400
4.00
20.00
2000
400
4.00
6000
40.00
40.00
20.00
20.00
8.00
8.00
12.00
88.00
70.00
90.00
Attachment 8 Construction Oversight of Taxiway P Extension Phase 111
Jacobs Engineering Group Inc. Page 2 of 5 Proposal
Jacobs
JAVIATION ALLIANCE
AVIATION ALLIANCE
(AVIATION ALLIANCE
I AVIATION ALLIANCE
Attachment B
Lump Sum Fee Proposal - Base Bid
PROJECT DIRECTOR 2.00 2.00 $108.63
SENIOR ENGINEERING PM $132.50 98.00 98.00 $98 68
CADD MANAGER 20.00 20.00 $44.42
SENIOR SUPPORT 12.00 12.00 $40 13
EXPENSE EXPENSE RATE SUBTOTAL
/EACH EXPENSE
$7655)
ITOLLS
��
TOTAL EXPENSES $132.50
ASSUMPTIONS FOR EXPENSES
$237.30 $51.89 $397.82 $691.86 $103.78 $795.64
$215.57 $47.14 $361.38 $30,796.15 $4,619.42 $35,415.58
$97.04 $21.22 $162.67 $2,829.11 $424.37 $3,253.48
$8766 $1917 $14696 $1,533.53 $230.03 $1,763.56
$35,850.66 $5,377.60 $41,360.75
Attachment 8 Construction Oversight of Taxiway P Extension Phase 111
Jacobs Engineering Group Inc. Page 3 of 5 Proposal
Jacobs
AVIATION ALLIANCE
AVIATION ALLIANCE
AVIATION ALLIANCE
AVIATION ALLIANCE
Attachment B
Lump Sum Fee Proposal - Base Bid
TASK 1 DETAILED MANPOWER BREAKDOWN - BASE BID
PROJECT DIRECTOR 200 2.00
SENIOR ENGINEERING PM 98.00 1.00 100 600 1200 1200 1200 32.00 8.00 8.00 600
CADD MANAGER 20.00 4.00 600 10.00
SENIOR SUPPORT 12.00 8.00 400
Attachment B Construction Oversight of Taxiway P Extension Phase Ill
Jacobs Engineering Group Inc. Page 4 of 5 Proposal
Jacobs
Attachment B
Lump Sum Fee Proposal - Base Bid
Attachment B Construction Oversight of Taxiway P Extension Phase Ill
Jacobs Engineering Group Inc. Page 5 of 5 Proposal
Jacobs
Attachment B
Lump Sum Fee Proposal - Alternate Bid
IJACOBS QUALITY MANAGER SHALYCE CHILDERS 10.00 10.00 $93.77
IJACOBS
PROJECT MANAGER
THOMAS MILLS
$126.32 32.00
32.00
$77.73
IJACOBS
PROJECT ENGINEER
JASON GATMAITAN
92.00
92.00
$61.31
IJACOBS
PROJECT ENGINEER
RICH MEISSNER
6.00
6.00
$69.45
IJACOBS
STANDARDS MANAGER
BRIAN BARTLETT
4.00
4.00
$73.33
IJACOBS
ADMINISTRATIVE ASSISTANT
CERISSA KNIGHT
$32.97
EXPENSE EXPENSE RATE SUBTOTAL
/EACH EXPENSE
TOTAL EXPENSES $126.32
ASSUMPTIONS FOR EXPENSES
$99.03 $19.28 $212.08 $1,928.00 $19280 $2,120.811
$82.09 $15.98 $175.80 $5,114.26 $511.43 $5,625.691
$64.75 $12.61 $138.67 $11,597.47 $1,15975 $12,757.221
$73.35 $14.28 $157.08 $856.78 $85.68 $942.451
$77.44 $15.08 $165.85 $603.10 $6031 $663.401
I
$20,099.61 $2,009.96 $22,235.89
COSTS PROFIT TOTAL
Attachment C Construction Oversight of Taxiway P Extension Phase Ill
Jacobs Engineering Group Inc. Page 1 of 4 Proposal
Jacobs
Attachment B
Lump Sum Fee Proposal - Alternate Bid
TASK 1 DETAILED MANPOWER BREAKDOWN - ALTERNATE BID
IJACOBS QUALITY MANAGER SHALVCE CHILDERS 10.00 4.00 400 2.00
IJACOBS PROJECT MANAGER THOMAS MILLS 32.00 4.00 400 400 400 400 400 400 200 200
IJACOBS PROJECT ENGINEER JASON GATMAITAN 92.00 4.00 1600 1000 1600 10.00 2000 400 4.00 4.00 4.00
IJACOBS PROJECT ENGINEER RICH MEISSNER 6.00 400 2.00
IJACOBS STANDARDS MANAGER BRIAN BARTLETT 4.00 2.00 2.00
IJACOBS ADMINISTRATIVE ASSISTANT CERISSA KNIGHT
Attachment C Construction Oversight of Taxiway P Extension Phase Ill
Jacobs Engineering Group Inc. Page 2 of 4 Proposal
Jacobs
JAVIATION ALLIANCE
AVIATION ALLIANCE
(AVIATION ALLIANCE
I AVIATION ALLIANCE
Attachment B
Lump Sum Fee Proposal - Alternate Bid
PROJECT DIRECTOR 2.00 2.00 $108.63
SENIOR ENGINEERING PM $132.50 40.00 40.00 $98 68
CADD MANAGER 14.00 14.00 $44.42
SENIOR SUPPORT 4.00 4.00 $40 13
EXPENSE EXPENSE RATE SUBTOTAL
/EACH EXPENSE
$7655)
ITOLLS
��
TOTAL EXPENSES $132.50
ASSUMPTIONS FOR EXPENSES
$237.30 $51.89 $397.82 $691.86
$215.57 $47.14 $361.38 $12,569.86
$97.04 $21.22 $162.67 $1,980.38
$8766 $19.17 $146.96 $511.18
$15,753.28 $2,362.99
$103.78 $795.64
1,885.48 $14,455.34
$297.06 $2,277.43
$76.68 $587.85
$18,248.77
Attachment C Construction Oversight of Taxiway P Extension Phase 11/
Jacobs Engineering Group Inc. Page 3 of 4 Proposal
Jacobs.
AVIATION ALLIANCE
AVIATION ALLIANCE
AVIATION ALLIANCE
AVIATION ALLIANCE
Attachment B
Lump Sum Fee Proposal - Alternate Bid
TASK 1 DETAILED MANPOWER BREAKDOWN - ALTERNATE BID
PROJECT DIRECTOR 2.00 2.00
SENIOR ENGINEERING PM 40.00 2.00 600 1200 1000 400 400 2.00
CADD MANAGER 14.00 4.00 600 4.00
SENIOR SUPPORT 4.00 400
Attachment C Construction Oversight of Taxiway P Extension Phase Ill
Jacobs Engineering Group Inc. Page 4 of 4 Proposal
LID
Task Name
Ga1.Ddy
Work Day
Start Finish
Duration
Duatian
2
DESIGN PHASE SERVICES
274 days
193 days
Mon 2/6/23 Mon
11/6/33
25
CONSTRUCTION PHASE SERVICES
208 days
1]]days
Mon 1/8/24 N812124
26
NOTICE TO PROCEED
Odays
0days
Mon 1/8/24 Mon 1/8/24
27
TAXIWAY WORK(RHASE III-A)10 HRS/DAY-S DAYS/WK
120 days
85 days
Mon 1/8/24 Mon 5/6/24
ASSUMED
28
MOBILIZATION& I NITIAL CL05URE5
8days
6days
an 1/8/24 an
1/15/24
29
AGGREGATE TESTING/MIX DESIGNS /CQCP&OTHER
25days�18days
on 1/8/24 Thu 2/1/24
SUBMITTALS
30
DEMO / PAVEMENT REMOVAL
3days
3days
Wed Fn 1/19/24
1/17/24
31
E%CAVATION/SUBGRADE PREP
15 days
11 days
Mon Mon 2/5/24
1/22/24
32
UNDERGROUND ELECTRICAL/UTILITY WORK
1]days
13 days
Tue 2/6/24 Thu 2/22/24
33
BASE&CTB PLACEMENT
26 days
18days
Fn2/23/24 Tue 3/19/24
34
P-501 PLACEMENT
24days
18 days
Wed Fri 4/12/24
3/20/24
35
P-401 PLACEMENT
5 days
5 days
an Fri 4/19/24
4/15/24
36
ELECTRICALWORK
9dayz
]days
Mon Tue 4/30/24
4/22/24
37
INSTALLTOPSOIL/SOD
9days
]days
'Mon Tue 4/30/24
4/22/24
38
INSTALL PAVEMENT MARKING
6days
4days
Wed E/1/24 Mon 5/6/24
39
ELECTRICAL WORK(PHASE III -AI NIGHT -ALTERNATE
Stlays
5days
Mon Fn3/1/24
BID)
2/26/24
40
ELECTRICAL WORK (PHASE III -AI - ALTERNATE BID)
16 days
12 days
Mon 3/4/24 Tue 1119/24
41
ELECTRICAL WORK (PHASE III-A2-ALTERNATE BID)
16 days
12 days
Wed Thu 4/4/24
3/20/24
42
TAXIWAYWORKWITHINRSA(PHASEIII-B)1OHRS/DAY-59days
50 days
Mon Wed
6 DAYS/WK ASSUMED
4/22/24 6/19/24
43
NOTICE TO PROCEED FOR RSA WORK
0dayz
0days
Mon Mon
4/22/24 4/22/24
44
SETUP RUNWAY CLOSURE
Iday
1day
Mon Mon
4/22/24 4/22/24
45
DEMO / PAVEMENT REMOVAL
3 days
3 days
Tue 4/23/24 Thu 4/25/24
46
EXCAVATION PREP
]tlays
6days
Fri 4/26/24 Thu S/2/24
47
UNDERGROUND ELECTRICAL UTILITY WORK
4days
3days
Fri 5/3/24 Mon 5/6/24
BASE& CTB PLACEMENT
14 days
12 days
Tue S/]/24 Mon
5/20/34
P-501 PLACEMENT
T-D
12 days
10 days
Tue 5/21/24 Sat 6/1/24
P-401 PLACEMENT
6days
6days
Mon6/3/24 Sat 6/8/24
51
ELECTRICALWORK
6days
6days
an Sat 6115/24
6/10/24
52
INSTALL TOPSOIL/SOD
6days
6days
Mon Sat 6/15/24
6/10/24
53
INSTALL PAVEMENT MARKING
3tlays
3days
an Wed
6/17/24 6/19/24
54
RE -OPEN RUNWAY
Odays
Odays
Wed Wed
6/19/24 6/19/24
55
ELECTRICAL WORK (PHASE III-B- ALTERNATE BID)
28 days
24days
Tue 4/23/24 Mon
5/20/24
56
FINAL CLEANUP
8days
6days
Thu 6/20/24 Thu 6/27/24
57
FINAL INSPECTION
8days
6days
Fri 6/28/24 Fri]/5/24
58
SUBSTANTIAL COMP LETION
0days
0days
Fri]/5/24 Fri]/5/24
59
PUNCH LIST& FINAL PAVEMENT MARKINGS
26 days
20 days
Mon]/8/24 Fri 8/2/24
60
FINAL COMPLETION
0 days
0 days
Fn 8/2/24 Fn 8/2/24
Attachment D
Jacobs Engineering Group Inc.
Attachment C
Schedule
Can 4, 2023 111, 1, 2024 Otr 2, 2024
Nov Dec Jan Feb Mar Aor Mav I an
9 1/8
MOBILIZATION & IND AL CLOSURES
AGGREGATE TESTING / MIX DESIGNS / COCP & OTHER SUBMITTALS
DEMO/PAVEMENTREMOVAL
EXCAVATION/SUBGRADE PREP
RR
UNDERGROUND ELECTRICAL / UTILITY WORK
BASE & CTB PLACEMENT
P-501 PLACEMENT
P-401 PLACEMENT
ELECTRICALWORK
INSTALL TOPSOIL/SOD
INSTALL PAVEMENT MARKING
ELECTRICAL WORK (PHASE III-A1 NIGHT -ALTERNATE BID)
ELECTRICAL WORK (PHASE III -Al - ALTERNATE BID)
ELECTRICAL WORK (PHASE III-A2 -ALTERNATE BID)
NOTICE TO PROCEED FOR RSA WORK
SETUP RUNWAY CLOSURE
DEMO/PAVEMENT REMOVAL
EXCAVATION /SUBGRADEPREP
UNDERGROUND ELECTRICAL / UTILITY WORT(
BASE & CTB PLACEMENT
P-501 PLACEMENT
P-401 PLACEMENT
ELECTRICALWORK
INSTALLTOPSOIL/SOD
INSTALL PAVEMENTMARKING
RE -OPEN RUNWAY
Otr 3, 2024
Jul Aua
ELECTRICAL WORK (PHASE III-B- ALTERNATE BID)
FINALC=EANUP
FINAL INSPECTION
SUBSTANTIAL COMPLETION
PUNCH LIST & FINAL PAVEMENT MARKINGS
FINAL COMPLETION
Construction Oversight ofTaxiway P Extension Phase 111
Page 1 of 1 Proposal
ATTACHMENT D
FORT WORTH.,
City of Fort
Worth
Federal Contract Provisions
CITY OF FORT WORTH
Federal Contract Provisions
Revised November, 2023
Federal Contract Provisions
Page 2 of 12
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 Consultant or its subcontractors 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 Consultant written notice that describes the nature of the breach and corrective actions
the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to
withhold payments to Consultant until such time the Consultant corrects the breach or the Owner elects to
terminate the contract. The Owner's notice will identify a specific date by which the Consultant must correct
the breach. Owner may proceed with termination of the contract if the Consultant 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
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent
statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts
and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract.
FCP-4 TITLE VI SOLICITATION NOTICE
The City of Fort Worth, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 USC § § 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it
will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation
and no businesses will be discriminated against on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability
in consideration for an award.
CITY OF FORT WORTH
Federal Contract Provisions
Revised November, 2023
Federal Contract Provisions
Page 3 of 12
FCP-5 CIVIL RIGHTS — TITLE VI ASSURANCES COMPLIANCE WITH
NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the ("Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability 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.
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.
Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless exempt
by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action
with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter
into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the
United States to enter into the litigation to protect the interests of the United States.
0110 4 *2 811 k1l 9113 M 9 04.941 lei Dieu de[I]el 11 Mai ;71u 11►rr Y r/]e/:Tol &M1e1 OX.111 I Y ; (I] ;7111 *1
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:
CITY OF FORT WORTH
Federal Contract Provisions
Revised November, 2023
Federal Contract Provisions
Page 4 of 12
• 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 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• 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 § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (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 (42 USC § 12101, et seq) (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) 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 (ensures nondiscrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087
(2005)];
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-6 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 § 740-767lq) 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.
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FCP-7 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-8 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor, subrecipient 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 DOT -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 recipient 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.
Bid Information Submitted as a matter of responsiveness:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsiveness, the contractor must submit the following information with its proposal
on the forms provided herein:
1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in
the contract;
2. A description of the work that each DBE firm will perform;
3. The dollar amount of the participation of each DBE firm listed under (1);
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4. Written statement from contractor that attests their commitment to use the DBE firm(s) listed under
(1) to meet the City of Fort Worth's project goal;
5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and
amount of work provided in the prime contractor's commitment; and
6. If contractor cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken
by the contractor as described in appendix A to 49 CFR part 26. The documentation of good faith
efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder
when a non -DBE subcontractor was selected over a DBE for work on the contract.
Bid Information submitted as a matter of responsibility:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsibility, every contractor must submit the following information before any contract
will be awarded.
1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in
the contract;
2. A description of the work that each DBE firm will perform;
3. The dollar amount of the participation of each DBE firm listed under (1);
4. Written statement from contractor that attests their commitment to use the DBE firm(s) listed under
(1) to meet the City of Fort Worth's project goal;
5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and
amount of work provided in the prime contractor's commitment; and
6. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The
documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor
quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on
the contract.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime contractor
receives from City of Fort Worth. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 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 City of Fort Worth. This clause applies to both DBE and non -DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor who met all requirements and were listed
under the bid information submission requirements listed above (or an approved substitute DBE firm)
without prior written consent of City of Fort Worth. This includes, but is not limited to, instances in which
the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own
forces or those of an affiliate, a non -DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for
which each is listed unless the contractor obtains written consent from City of Fort Worth. Unless City of
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Fort Worth consent is provided, the prime contractor shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed DBE.
City of Fort Worth may provide such written consent only if City of Fort Worth agrees, for reasons stated
in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For
purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to City of Fort Worth its request to terminate and/or substitute a DBE subcontractor,
the prime contractor must give notice in writing to the DBE subcontractor, with a copy to City of Fort
Worth, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise
City of Fort Worth and the contractor of the reasons, if any, why it objects to the proposed termination of
its subcontract and why City of Fort Worth should not approve the prime contractor's action. If required in
a particular case as a matter of public necessity (e.g., safety), City of Fort Worth may provide a response
period shorter than five days.
In addition to post -award terminations, the provisions of this section apply to preaward deletions of or
substitutions for DBE firms put forward by offerors in negotiated procurements.
FCP-9 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-10 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR
PROCUREMENTS
The Consultant certifies by signing and submitting this contract, to the greatest extent practicable, the
Consultant has provided a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other
manufactured products) in compliance with 2 CFR § 200.322.
FCP-11 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.
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FCP-12 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
1. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (USTR);
2. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the USTR; and
3. has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18 USC § 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-13 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-14 PROHIBITION OF SEGREGATED FACILITIES
1. The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity
clause in this contract.
2. "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, sex, or national origin because of written or oral
policies or employee custom. The term does not include separate or single -user rest rooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes.
3. The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Employment Opportunity clause of this contract.
FCP-15 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
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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-16 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance
with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-17 CERTIFICATION OF CONSULTANT REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The Consultant must complete the following two certification statements. The Consultant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the
space following the applicable response. The Consultant agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
The Consultant represents that it is ( ) is not (✓) a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
2. The Consultant 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 a Consultant responds in the affirmative to either of the above representations, the Consultant is ineligible
to receive an award unless the sponsor has received notification from the agency suspension and debarment
official (SDO) that the SDO has considered suspension or debarment and determined that further action is
not required to protect the Government' s interests. The Consultant therefore must provide information to
the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports 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.
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FCP-18 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 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.
FCP-19 TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating
the termination action must allow the breaching party an opportunity to dispute or cure the breach. The
terminating party must provide the breaching party [7] days advance written notice of its intent to terminate
the Agreement. The notice must specify the nature and extent of the breach, the conditions Guidelines for
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19,
2018 Page 67 necessary to cure the breach, and the effective date of the termination action. The rights and
remedies in this clause are in addition to any other rights and remedies provided by law or under this
agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for
the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by
Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the
Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected
unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the
Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the Engineer under this contract, whether
complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant
for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold
Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination
action under this clause. If, after finalization of the termination action, the Owner determines the Consultant
was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the
Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The
Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations
under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this
Agreement; 3. Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner
and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the
Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in
accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through
the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions
in documents that are incomplete as a result of the termination action under this clause.
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FCP-20 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance
with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-21 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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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/14/23 M&C FILE NUMBER: M&C 23-0970
LOG NAME: 55AFW TAXIWAY PAPA PHASE III CONSTRUCTION OVERSIGHT
SUBJECT
(CD 10) Authorize Execution of an Engineering Services Agreement with Jacobs Engineering Group Inc. in an Amount Up to $820,762.02 for
Construction Management Services for Phase III of the Taxiway Papa Extension Project at Perot Field Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended the City Council authorize execution of an engineering services agreement with Jacobs Engineering Group Inc. in an amount up
to $820,762.02 for construction management services for Phase I I I of the Taxiway Papa Extension project at Perot Field Fort Worth Alliance
Airport (City Project No.105121).
11 &10111*4 [0] kqF
The Aviation Department is seeking City Council approval to authorize execution of an engineering services agreement with Jacobs Engineering
Group Inc. (Jacobs) in an amount up to $820,762.02 for construction management services for Phase III of the Taxiway Papa Extension project
(Project) at Perot Field 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 west side of the Airport (see attached map), and will extend Taxiway Papa north approximately 675 feet, as
well as connect Taxiway Papa to Runway 16R/34L at Taxiway Foxtrot. This taxiway extension will continue to provide 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 in
accordance with Federal Aviation Advisory Circulars. This Project is being funded by Federal Aviation Administration (FAA) Discretionary Grant
funding.
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 3% DBE participation on this project. The City's
DBE goal on this project is 3%.
Perot Field Fort Worth Alliance Airport is located in COUNCIL DISTRICT 10.
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 Discretionary and Entitlem project to support the approval of the above recommendation and execution of the
agreement. Prior to any expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head:
Roger Venables 6334
Additional Information Contact: Tyler Dale 5416
FORT WORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: AFW Taxiway Papa Phase III Construction Oversight Agreement
M&C 23-0970
DATE: 11 /28/2023
TO:
1. Roger Venables
2. Royce Hansen
3. Dana Burghdoff
4. Jannette Goodall
59
CPN
CSO #
INITIALS
f`�
TH
IDS'
DB
TSG
JSG
DOC#
DATE OUT
Nov 28, 2023
Dec 1, 2023
Dec 1, 2023
Dec 4, 2023
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑x No
RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑x Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.