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HomeMy WebLinkAboutContract 62442CSC No. 62442 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: Design and Bidding Support Services for Phase I of the Taxiway Hotel 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" — Schedule; 5. Attachment "D" — Project Exhibit; 6. Attachment "E" — Federal Contract Provisions; Attachments "A", "B", "C", "D", and "E", 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 $460,287.91 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 Scope of Services contemplated herein, whichever Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport OFFICIAL RECORD Between City of Fort Worth and Jacobs Engineering Group Inc. CITY SECRETARY Page 1 of 20 FT. WORTH, TX occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment A and B to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 2 of 20 consultation and advice and furnishing customary services incidental thereto and identified in more detail within Attachment A herein. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. (3) ENGINEER will not be responsible for damage to underground utilities if ENGINEER followed all preventative measures before any geotechnical, potholing, construction, or allowing other subconsultants working under a subcontract to this Agreement access to do the same. Preventative measures shall include, but is not limited to, having requested and waited for all utility companies to properly mark their respective utilities before conducting any work as described in this section. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 3 of 20 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, subject to Section VI.B, when delivered to the CITY pursuant to this AGREEMENT, 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 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. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 4 of 20 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 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. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 5 of 20 Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. ENGINEER acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this Agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (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 written notice of intended audits. Notwithstanding anything in this AGREEMENT, the CITY's audit rights are limited to cost reimbursable and time and material services. (2) ENGINEER further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this Section together with subsection (3) hereof. CITY shall give subcontractor reasonable written advance notice of intended audits. (3) ENGINEER and subcontractor 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. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 6 of 20 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- 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, bodily injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the ENGINEER owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers' Compensation — Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 7 of 20 ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability — ENGINEER shall maintain professional liability, a claims -made policy, of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. To the extent of ENGINEER's indemnity obligations, 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 by ENGINEER. A ten (10) days notice by ENGINEER shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 8 of 20 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A -(minus) 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. i. The CITY hereby accepts ENGINEER's self -insured retention in excess of $25,000 as part of this AGREEMENT. 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 endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage commensurate with the subconsultant's scope of work as required by the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 9 of 20 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. (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, as a part of existing authorized fees between the CITY and ENGINEER, meaning the ENGINEER will not invoice or submit for payment to City for these types of design changes. 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 or otherwise were not in affect at the time of execution of this AGREEMENT, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 10 of 20 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment C to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment A. 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 Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 11 of 20 timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 12 of 20 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. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 13 of 20 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER (see "Deliverables" in Attachment A), 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 that are delivered to the CITY in accordance with the requirements of this AGREEMENT; provided however, any and all underlying intellectual property, if any (unless provided by CITY), shall remain the property of ENGINEER such that ENGINEER may continue to perform its business in the normal course. Upon payment in full, ENGINEER shall grant CITY an irrevocable, non-exclusive, royalty -free license to use the same for the purposes contemplated under this AGREEMENT. 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 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. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 14 of 20 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 ten (10) 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, including those incurred 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' compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against third party liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 15 of 20 which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence or intentional tort resulting in bodily injury (including death) or tangible property damage, intellectual property infringement (except to the extent information and/or technology was provided by the CITY), or failure to pay a subcontractor or supplier (provided ENGINEER has received payment for services from CITY) in conjunction with performance of this AGREEMENT. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. The foregoing obligation to abide by applicable laws, regulations, and ordinances is applicable throughout the term of this AGREEMENT. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees as a result of third -party claims or liability arising out of the violation of any such applicable order, law, ordinance, or regulation, whether it be due to action under this Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 16 of 20 AGREEMENT by itself or its employees, in conjunction with or related to the performance of ENGINEER'S services under this AGREEMENT. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES INCURRED BY THIRD PARTY GOVERNMENTAL AUTHORITIES DUE TO VIOLATIONS OF APPLICABLE LAW DESCRIBED UNDER THIS PARAGRAPH AND COMMITTED BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel If ENGINEER has fewer than 10 employees or the AGREEMENT is for less than $100,000, this section does not apply. ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, Engineer certifies that Engineer's signature provides written verification to CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. M. Waiver of Special and Punitive Damages NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL (CONSEQUENTIAL OR INDIRECT) AND PUNITIVE DAMAGES OF ANY KIND REGARDLESS Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 17 of 20 OF THE CAUSE OR ACTION. N. 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 CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, 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 CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. 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 CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, 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 CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 18 of 20 This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Duly executed by each party's designated representative to be effective on the date subscribed by the CITY'S designated Assistant City Manager. (Signature page to follow) Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. Page 19 of 20 BY: CITY OF FORT WORTH VaLerje Was gn (Dec 16, 2024 09:10 CST) Valerie Washington Assistant City Manager Date: Dec 16, 2024 APPROVAL RECOMMENDED: By: Roger Venables Director, Aviation Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Katya Flores Senior Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY Candace, Pqqliata By: Candace Pagliara (Dec 13, 2 412:33 CST) Candace Pagliara Assistant City Attorney 44pp00� a4 FORt B a ATTEST: ,moo o=d �B>i nEXA`�Qo4� Jannette Goodall City Secretary Taxiway Hotel Phase I Design & Bidding Support Services Agreement for Perot Field Fort Worth Alliance Airport Between City of Fort Worth and Jacobs Engineering Group Inc. BY: JACOBS ENGINEERING GROUP INC. i Thomas K. Mayer Principal Date: 12/11 /2024 Form 1295 No. 2024-1237064 M&C No. M&C Date f�Zffidiipx]. 12/10/2024 Page 20 of 20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX .;acobs Attachment A Scope of Work Design of Taxiway H Extension Phase I Perot Field Fort Worth Alliance Airport PROJECT DESCRIPTION Taxiway H is a primary taxiway that extends from the east side of Runway 16L-34R at Perot Field Fort Worth Alliance Airport (AFW). Taxiway H is generally used for the movement of aircraft from the runway to the various private aprons and facilities located on the east side of AFW. An extension to Taxiway H is necessary to support current and future development adjacent to AFW property. Phase I of the program includes the addition of approximately 575 feet of Taxiway H, geometrically designed to ADG V and TDG 5 standards, from its current termination at the Taxiway H 1 entrance to the Gulfstream MRO facility. Also included is a new, approximately 240 feet, Taxiway H4 connector, geometrically designed to ADG III and TDG 3 standards, to support a future apron and hangar facility. Finally, Phase I includes the infill (structural pavement) of approximately 700 feet of taxiway shoulder on the south side of the existing Taxiway H and the extension of the taxiway edge lighting system from its current termination at Taxiway H2. Phase I will be packaged with one base bid that is broken up into two distinct scopes of work —Taxiway H extension including Taxiway H Shoulder Infill and Taxiway H4 connector. The project is anticipated to include: • Clearing and grubbing the site of existing vegetation • Erosion and sedimentation controls • Excavation and preparation of the site native soils • Demolition and relocation of the existing AOA fence • Installation of a proposed 35-foot-wide asphalt shoulder on the south side of existing Taxiway H for approximately 700 feet • Taxiway H extension for approximately 575 feet with 75-foot-wide concrete airfield pavement and 35-foot- wide asphalt shoulders • Taxiway H4 connector stub for approximately 240 feet with 50-foot-wide concrete airfield pavement and 20- foot-wide asphalt shoulders • Grading and drainage improvements for the limits of work • Airfield pavement markings • Airfield guidance and holding position signs • Reconfiguration of airfield guidance signs at Taxiway H1 and Taxiway H3 • Taxiway edge and centerline lights • Extension of taxiway edge lights from current termination at Taxiway H2 • Stabilization of all disturbed areas and installation of topsoil and sodding Figure 1 shows the approximate scope and limits of construction included in Phase I. Page 1 of 11 .;acobs s \71 11 ti r� 1 � ]p0 70 0 f00 SCALE' V-100. ..�,. .. ..- LEGEND: TAXIWAY H E%TEN 610M (PHASE 11 r � i TAXIWAY H4CONNECTOR ti - - - EXISTING PROPERTY VNE PROPOSED L WORCONTOUR5 PR0P05E6 MINM CONTOURS EXISTING MAJOR CONTOURS FMTING MINOR CONTOURS Figure 1: Taxiway H Extension Phase SCOPE OF SERVICES The scope of work for this contract includes providing the design for Taxiway H Extension Phase I in accordance with the current Federal Aviation Administration (FAA) Airport Standards. The engineer will prepare and host a pre -design meeting with the FAA at the start of the 65% design effort. This scope of work will result in plans, cost estimate, and specifications suitable for requesting bids from contractors. This scope of work includes three (3) submittals. AFW staff and the local FAA representative(s) will receive the first submittal for review at 65% design level of completion. AFW will prepare and compile review comments on the 65% Submittal and transmit all comments to the Engineer. The Engineer will adjudicate the comments and conduct a Plan in Hand review meeting with AFW and the FAA to review all responses. The Engineer will incorporate any remaining comments and prepare the design package at the 95% level of completion. AFW staff and the local FAA representative(s) will receive the 95% Submittal for review. AFW will prepare and compile review comments on the 95% Submittal and transmit all comments to the Engineer. The Engineer will prepare responses to the comments and conduct a Plan in Hand review meeting with AFW and the FAA to review all responses. After all comments have been incorporated and/or resolved, the Engineer will conduct a Comment Resolution Meeting with AFW and the FAA to finalize the 95% Submittal. The Engineer will incorporate any remaining comments and prepare the design package at the Issued for Bid level of completion. The Engineer will prepare and issue signed and sealed contract documents for bidding upon acceptance of the Issued for Bid Submittal. Page 2 of 11 .;acobs 65% Submittal will include: • Construction Drawings • Technical Specifications • Preliminary Construction Cost Estimate • Draft Engineer's Design Report (EDR) • Preliminary Construction Schedule 95% Submittal will include: • Construction Drawings • Specifications and Contract Documents • Detailed Construction Cost Estimate 3002m1111[00 • Detailed Construction Schedule • Draft Construction Safety Phasing Plan (CSPP) • FAA Form 7460-1 (95% Submittal only) Issued for Bid Documents will include: • Construction Drawings • Specifications and Contract Documents • Detailed Construction Cost Estimate • Detailed Construction Schedule • Final CSPP FAA Advisory Circulars (AC) referenced throughout this document refer to current editions at the time of contract execution. 1. PROJECT MANAGEMENT / DESIGN MANAGEMENT 1.1. Project Management Management activities will consist of planning, scheduling, budgeting/invoicing, stakeholder coordination, and communication for the development and advancement of the design of the Project. 1.2. Project Execution Plan The Engineer will submit a detailed Project Execution Plan within fourteen (14) calendar days of the Notice to Proceed. The work plan will identify the execution and management of the work throughout the length of the contract. The work plan will include: • Roles and responsibilities of key team members along with lines of authority and communication. This will include an organization chart or other type of exhibit that clearly identifies roles, responsibilities, and lines of communication. • A detailed Project schedule that identifies dates for key meetings, duration of design activities, submittals, deliverables, and other important milestones for the completion of the work. 1.3. Subcontract Management The Engineer will manage all subconsultants' contracts including contract scope, fee, executed agreements, monthly invoicing, and MWBE reporting, as necessary. Page 3 of 11 .;acobs 1.4. Document Control The Engineer will manage electronic document retention of Project deliverables, including but not limited to; Project Execution Plan, subcontracts, status reports, meeting minutes, grant documentation, and other Project relevant documentation and reports, as needed. 1.5. Monthly Status Report The Engineer will maintain regular communications with AFW and other stakeholders to provide status updates. Each month the Project Manager will prepare a monthly report that includes a narrative discussion of issues, accomplishments, and schedule updates. 1.6. Coordination Meetings The Engineer will attend coordination meetings with stakeholders to communicate issues related to the Project and provide updates on the design progress. The key staff will attend bi-weekly project coordination meetings for the duration of the anticipated seven (7) month design process and two (2) month bidding process. The Engineer will meet monthly with AFW and FAA and bi-weekly with the Design Team for the duration of the Project. 1.7. Construction Cost Estimate and Program Budget The Engineer will develop and maintain a construction cost estimate for the 95% and the final submittals. 1.8. Project Schedule The Engineer will develop a design and bid phase schedule for the duration of the anticipated seven (7) month design process and two (2) month bidding process. 1.9. Quality Control The Engineer will prepare a Project Specific Quality Plan (PSQP) tailored to meet the City of Fort Worth (CFW) and FAA requirements and defines the internal Engineer's review process and subsequent approval for each deliverable. The Engineer's PSQP will follow FAA design guidelines and regulations and include design checklists for final preparation packages (estimate, specifications, special provisions, certifications, etc.). Every item of work or document produced will require at least one additional level of review before submission to AFW. 1.9.1. 65% Internal Review Prior to submitting the contract documents to the applicable review agency, the Engineer will perform a detailed review as outlined in the PSQP. The quality control reviewers will generate and distribute comments to the team for incorporation into the contract documents, as specified above, prior to submission. 1.9.2. 65% External Review The Engineer will provide AFW the contract documents for their review along with a draft Engineer's Design Report. The 65% external review process will include the following steps: • Review the comments generated by AFW, CFW, and FAA • Adjudicate comments • Plan in Hand review meeting with AFW, CFW, and FAA • Incorporate comments into design 1.9.3. 95% Internal Review Prior to submitting the contract documents to the applicable review agencies, the Engineer will perform a detailed review as outlined in the PSQP. The quality control reviewers will generate and distribute comments to the team for incorporation into the contract documents, as specified above, prior to submission to AFW and FAA. Page 4 of 11 .;acobs 1.9.4. 95% External Review Upon completion of the 95% internal review, the Engineer will provide AFW and FAA the contract documents for their review. The 95% external review process will include the following steps: • Review the comments generated by AFW, CFW, and FAA • Prepare a response (agree or disagree, etc.) • Plan in Hand review meeting with AFW, CFW, and FAA • Incorporate comments. • Comment Resolution Meeting with AFW, CFW, and FAA 1.9.5. Issued for Bid Review The Engineer will perform a final review prior to distribution of the bid documents to ensure incorporation of all comments. Upon completing the review, the Engineer will meet with AFW, CFW, and FAA to demonstrate the comment resolutions. 2. SITE INVESTIGATIONS AND DATA COLLECTION 2.1. Topographic Survey The Engineer will perform a field topographic survey that is compliant 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. Unless otherwise specified, the survey will be established using existing physical monumentation to identify the horizontal and vertical control for the project area. The project will then be adjusted horizontally to client specifications and vertically to the North American Vertical Datum (NAVD) 88 for orthometric heights and GEOID 18 for geoidal separations with references to PACS and SACS NGS monuments. Provide topographic mapping with a minimum of one foot contour intervals depicting, but not limited to, the following information: Positions and elevations of natural ground features, existing Taxiway H joints and shoulder at the tie-in, centerline markings of the existing Taxiway H, edge of pavement and shoulder, flow lines, valley gutters, cross sections of existing roadways, median openings and intersections of adjacent streets and roads, top of bank and toe of slope of creeks, canals, or ditches; exterior edges of water; sign and fences; utility manholes, handhole, cleanouts, valve boxes, and junction structures; and any other above ground visible features. The location, elevation, and description of all visible utilities (i.e., manholes including inverts, flow line elevations and pipe sizes to the best of our abilities as viewed in the field, inlets, fire hydrants, water valves, streetlights, vaults, airfield lighting and signs, and meter locations). The topographic survey will be provided and AutoCAD, dwg, format and the topographic surface will be provided in an XML format. 2.2. Subsurface Utility Engineering (SUE) The Engineer will perform SUE services in accordance with ASCE publication ASCE/UESI/CI 38-22 "Standard Guideline for Investigating and Documenting Existing Utilities". The scope of this project includes Quality Level "B" (QLB) SUE services within the limits of the project as shown in Attachment D. The Engineer has made the following assumptions for the QLB SUE Services on this project: • The Engineer will attempt to designate the following utilities within the project area: potable water, natural gas/crude oil/refined product pipelines, communication duct banks, fiber optic, cable television, telephone, and electric. Page 5 of 11 .;acobs • Wastewater and storm drain facilities will be inverted at manholes and will be depicted as Quality Level "C" (QLC) information. • Engineer will attempt to designate the wastewater and storm drain facilities within the investigation area by utilizing a traceable fiberglass rodder within the open conduit systems. If successful, the wastewater and storm drain lines will be depicted as QLB information. 2.3. Geotechnicallnvestigation In performing the fieldwork, the Engineer will comply with all applicable federal, state, and local agency requirements regarding utility locations, boring, safety, etc. Borings will be used to identify the subsurface materials of the project area. The investigation will include six (6) ten - foot borings and two (2) fifteen -foot borings. Borings will be taken at intervals of no more than 200 feet along the proposed taxiways. Three (3) bulk samples will also be collected along the taxiway centerline extension. All recommended testing in FAA Advisory Circular (AC) 150/5320-6G, Chapter 2 will be performed and all necessary design recommendations/parameters will be provided. This project will consist of rigid pavement servicing pavement loads greater than 100,000 pounds. The following field exploration program is proposed: Boring Location Number of Borings Depth (ft) Taxiway 1 15 Centerline 2 10 Taxiway 1 15 Connector 1 10 Taxiway Shoulder 3 10 Bulk Samples 3 5 3. PAVEMENT DESIGN The Engineer will use the Geotechnical Investigation performed for this project to gather the information necessary to perform a pavement design. The Engineer will use the Boeing 777-300, ADG V, as the critical aircraft for the pavement design for both Taxiway H and Taxiway H4 and will develop design criteria accordingly. Design criteria will be in accordance with the current version of FAA AC 150/5300-13B "Airport Design" and FAA AC 150/5320-6G "Pavement Design". Taxiway H4 will not have a separate pavement design to offset the need to reconstruct the full section should Taxiway H4 be upgraded in the future. 4. HYDRAULICS AND HYDROLOGY DESIGN The Engineer will analyze the project limits drainage system, mitigate flooding risks, and ensure the efficient conveyance of stormwater runoff, ultimately contributing to the safety and functionality of the airport's taxiway network and surrounding areas. The following project requirements are: 1. Compliance with CFW drainage criteria requirements. All aspects of the drainage analysis and downstream assessment will adhere to the specified drainage criteria set forth by the CFW. 2. Compliance with FAA drainage criteria for airport facilities. The project will meet the drainage criteria established by the FAA specifically for airport facilities in accordance with the current version of FAA AC 150/5320-5D "Airport Drainage Design". 3. Comprehensive assessment of existing drainage conditions. The analysis will evaluate the current drainage system at AFW and identify any areas of concern or deficiencies that may impact the efficient conveyance of stormwater runoff. 4. Technical documentation and drawings: Provide detailed technical documents and drawings illustrating the existing drainage system, proposed modifications, and any other relevant aspects of the project. Page 6 of 11 .;acobs 4.1. Data Collection and Assessment The Engineer will collect existing data, perform design surveys, and perform field investigations. The data collection and assessment provided below will develop an appropriate baseline and improve any existing data to a level required for detailed design. These services include: • Review existing topographic maps, aerial imagery, and relevant geospatial data. • Collect and analyze hydrological data, including rainfall patterns and intensity -duration -frequency relationships. • Conduct field surveys to verify existing drainage infrastructure serving this site and identify potential bottlenecks or deficiencies. • Assess the current drainage system serving the project site for capacity, performance, and compliance with applicable regulations. 4.2. Hydrologic and Hydraulic Modeling and Analysis The Engineer will perform hydrologic and hydraulic modeling and analysis for the Taxiway H Extension at AFW. These services include: • Developing detailed hydrologic and hydraulic models of the project limits drainage system using industry - standard software. • Simulating various rainfall events to evaluate the system's response under different design conditions. • Identifying areas of potential flooding, overflow, or insufficient drainage capacity. • Analyzing the impacts of any proposed modifications or future developments on the drainage system. 4.3. Drainage Study Report, Exhibits, and Tables A comprehensive drainage study report will be prepared to document the findings of the analysis and assessment. The report will provide detailed explanations of the existing conditions, analysis methodologies, simulation results, and recommendations for improvements. Exhibits and tables will be included to support the report and present the data and analysis visually. These services include: • Providing a comprehensive report detailing the findings of the drainage analysis and downstream assessment. • Proposing appropriate mitigation measures, such as the installation of additional drainage structures, channel improvements, or retention/detention facilities. • Ensuring compliance with the City of Fort Worth drainage criteria requirements and the FAA drainage criteria for airport facilities. • Developing a prioritized implementation plan for recommended improvements and mitigation strategies. 5. CONSTRUCTION DRAWINGS 5.1. Project Drawings The Engineer will prepare all drawings in a 22-inch by 34-inch format, issued as PDF files for the 65% Submittal, 95% Submittal, and Issued for Bid (IFB) Submittal. The construction drawings will include the following sheets: • Cover Sheet and Index • General Notes and Legend • Quantities • Survey Layout Plan • Geotechnical Boring Logs Page 7 of 11 .;acobs • Construction Safety and Phasing Plans • Civil Demolition Plans • Erosion and Sedimentation Control Plans • Airfield Geometry Plans • Taxiway Centerline Profiles • AOA Fencing/Gate Plans • AOA Fencing/Gate Details • Airfield Grading and Drainage Plans • Plan and Profile Storm Drain Plans • Drainage Details • Cross Sections of New Pavement Sections • Airfield Paving Plans • Pavement Typical sections • Airfield Paving Details • Airfield Pavement Marking Plans • Airfield Pavement Marking Details • Airfield Lighting and Signage General Notes and Legend • Airfield Lighting and Signage Demolition Plans • Airfield Lighting and Signage Layouts • Airfield Lighting and Signage Circuit Layouts • Airfield Lighting and Signage Schedules • Airfield Lighting and Signage Details 5.2. Advertising Document Packaging The package will include the deliverables as shown in the SCOPE OF SERVICES section above. 6. SPECIFICATIONS AND CONTRACT DOCUMENTS 6.1. City of Fort Worth Contract Documents The Engineer will obtain the most recent versions of the CFW standard contract documents for incorporation into the bid documents and coordinate any necessary modifications with the CFW. 6.2. FAA General Provisions All AIP funded projects must include the FAA General Provisions contained in FAA AC 150/5370-1 OH "Standard Specifications for Construction of Airports". The Engineer will edit the General Provisions where required and include them in the Project Manual. 6.3. FAA Mandatory Contract Provisions The Engineer will include the latest version of FAA Mandatory Contract Provisions required for AIP funded projects. The Engineer will edit the provisions where required and include the latest Davis Bacon Wage rates for heavy civil / highway construction. Page 8 of 11 .;acobs 6.4. Technical Specifications The Engineer will prepare technical specifications based upon FAA AC 150/5370-1 OH "Standard Specifications for Construction of Airports". Any modifications to the standard FAA technical specifications will require a Modification of Standards (MOS) initiated by CFW and approved by the FAA. 7. ENGINEER'S DESIGN REPORT The Engineer will prepare an Engineer's Design Report in accordance with FAA guidance. The report will address the general scope of the project, provide a listing of applicable FAA standards, and address key operational issues identified in the CSPP. The report will also address the process and considerations for pavement design, drainage design, airfield lighting and signage, NAVAIDs, pavement marking, environmental impacts, utility lines in the work area, requested modifications of AIP standards, identification of any non-AIP work, DBE participation, project schedule, and project budget. 8. CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) The FAA requires submission of a CSPP for projects that lie within the AOA on Part 139 certified airports. The Engineer will develop a CSPP that includes detailed phasing plans as well as identifies coordination, phasing, areas and operations affected by the construction activity, protection of NAVAIDs, contractor access, wildlife management, FOD management, HAZMAT management, notification of construction activities, inspection requirements, underground utilities, penalties, special conditions, runway and taxiway visual aids, marking and signs for access routes, hazard marking and lighting, protection of runway and taxiway safety areas, object free areas, obstacle free zones, approach / departure surfaces, and limitations on construction as outlined in FAA AC 150/5370-2G "Operational Safety on Airports During Construction". The CSPP will include a provision to require the contractor to prepare a standalone Safety Plan Compliance Document (SPCD) for the project. 8.1. Draft CSPP The Engineer will submit the Draft CSPP through the Obstruction Evaluation / Airport Airspace Analysis (OE / AAA) website for FAA review upon completion of the 95% Submittal. The FAA typically requires a minimum 45 days for review. 8.2. Final CSPP The Engineer will issue the final CSPP upon incorporating comments received from the 95% external review. 8.3. Airspace Submittal In administering Title 14 of the Code of Federal Regulations (CFR) Part 77, the prime objective of the FAA is to promote air safety and the efficient use of the navigable airspace. To accomplish this mission, aeronautical studies are conducted based on information provided by proponents. The Engineer will submit the CSPP electronically through the FAA's Obstruction Evaluation / Airport Airspace Analysis (OE / AAA). The FAA typically requires 90 days for a determination. 9. CONSTRUCTION COST ESTIMATE The Engineer will develop a preliminary construction cost estimate with the 65% Submittal and a detailed construction cost estimate with both the 95% Submittal and the Issued for Bid Submittal. The detailed construction cost estimate includes unit prices and quantities for each bid item measured from the design plans. Estimates of construction cost represent the Consultant's best judgment as a design professional familiar with this type of construction work. It is recognized, however, that neither the Consultant nor the Owner has control Page 9 of 11 .;acobs over the cost of labor, materials or equipment, or the Contractor's methods of determining bid prices, or competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids will not varyfrom the Owner's Project budget or from any estimate of construction cost prepared or agreed to by the Consultant. 10. CONSTRUCTION SCHEDULE The Engineer will develop a preliminary construction schedule with the 65% Submittal and a detailed construction schedule with both the 95% Submittal and the Issued for Bid Submittal. The detailed construction schedule includes project phasing, bid item installation sequencing with durations, and identifies and accounts for operational impacts. 11. DRAFT CONSTRUCTION MANAGEMENT PLAN The FAA requires Sponsors to prepare a Construction Management Plan for projects which contain paving work in excess of $500,000. The Engineer will develop a draft Construction Management Plan in accordance with FAA AC 150/5370-12B, Appendix A. 12. BIDDING PHASE SERVICES 12.1. Pre -Bid Meeting The Engineer will prepare, in coordination with AFW, a pre -bid meeting agenda to provide prospective bidders with an overview of the Project. The Engineer will facilitate and attend the pre -bid meeting. 12.2. Prepare Addenda The Engineer will prepare addenda to the bid documents as required. This may include revised plans, sketches/details, revisions to the specifications, and/or responses to contractor questions. 12.3. Evaluate Bids The Engineer will attend the bid opening meeting and will prepare a bid tabulation of all bids received. The Engineer will verify mathematical accuracy and check for unbalanced bid items. Based upon the CFW's determination of a responsive bidder, the Engineer will prepare a letter stating Engineer's Recommendation of Award of the Project. PERIOD OF PERFORMANCE Work required in this Scope of Services will begin upon The Engineers' receipt of a signed task order to an executed contract and will be completed within nine (9) months (anticipated completion by August 14, 2025). ASSUMPTIONS. CLARIFICATIONS. AND EXCLUSIONS The following assumptions were made in development of the SCOPE OF WORK: • AFW does not issue Security Identification Display Area (SIDA) Badges. • All field work will be performed during normal working, daytime hours. • 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. • AFW Operations will provide escort on the airfield. 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. • The Engineer will need to access Private Property adjacent to AFW in order to complete Site Investigations and Data Collection outlined in Section 2 of the SCOPE OF WORK. AFW will provide any necessary Right -Of - Entry (ROE) permits/permissions prior to the start of field work. Page 10 of 11 .;acobs • AFW will identify all requirements and furnish all agreements necessary to be added to the Contract Documents to allow the Contractor to perform work on the adjacent Private Property as generally depicted on Attachment D. This includes any access easements necessary to access the site by use of the existing gravel road previously used on the Taxilane H Extension to serve Gulfstream Alliance, City of Fort Worth Project No. 2100683. • The Engineers SCOPE OF WORK includes design for infrastructure that connects to and will be constructed on adjacent Private Property. The Engineer intends to separate the project quantities using the City of Fort Worth, AFW, and Developers negotiated limits of improvements depicted on Attachment D. • AFW will be responsible for coordination with Private Property Owner or their Authorized Representative. Responsibilities include but are not limited to reviews and approvals necessary to complete the SCOPE OF WORK. • The Engineer will be provided the mass grading information from the Private Property Owner in order to design the termination of Taxiway H4 to match the site development plan. • Based on the aircraft information provided by the Private Property Owner, the Engineer will design the geometry of Taxiway H4 connector to meet ADG III and TDG 3 standards. The pavement structural section for Taxiway H4 will be consistent with the pavement design for Taxiway H should Taxiway H4 be upgraded/widened in the future to accommodate different aircraft without having to remove and replace the pavement constructed with this project. The following services are excluded from this scope and will be performed as an additional service, if required for the project: • Signed and sealed survey files. • Legal description of airport property. • Location and identification of trees. • Environmental studies and reports, including application for Categorical Exclusion, Environmental Assessments, or Impact Statements. • Quality Level "A" (QLA) SUE services. • Water and/or sanitary sewer studies. • Federal Emergency Management (FEMA) permitting. • FEMA submittals (LOMR, CLOMR, etc.). • Scour analysis, erosion studies, or geomorphological studies. • Section 404 permitting with U.S. Army Corps of Engineers. • Coordination and/or permitting with USACE, TxDOT, NRCS, TCEQ, or other agencies not listed. • AFW Operations will perform all Safety Risk Management Tasks and Coordination. • Services during construction. Page 11 of 11 ATTACHMENT B .;acobs November 07, 2024 Mr. Tyler Dale City of Fort Worth Aviation Department 201 American Concourse Suite 330 Fort Worth, TX 76106 COMPENSATION Reference: Design of Taxiway H Extension Phase City Project No. 105958 Dear Mr. Dale: Jacobs is pleased to submit our proposal for Perot Field Fort Worth Alliance Airport to authorize and fund engineering services for the Design of Taxiway H Extension Phase I. This letter constitutes a proposal which may be accepted as part of the Master Agreement for Engineering Related Professional Services (City Secretary Contract (CSC) No. 54953) executed on December 1, 2020. Jacobs has proposed a lump sum fee for professional services in the amount of $460,287.91. The table below illustrates a summary of our fees which is included in our proposal. Aviation Alliance, Inc. Engineering Services $52,004.03 $52,004.03 1 Shrewsberry & Associates, LLC Yellow Rose Mapping LLC Alliance Geotechnical Group, Inc. Engineering Services Subsurface Utility Engineering Services Geotechnical Engineering Services $119,036.16 $9,950.00 $23,500.00 $119,036.16 $9,950.00 $23,500.00 Please advise if further information is required. We appreciate this opportunity to be of service and look forward to working with you on this project. Sincerely, L A%jAr Thomas L. Mills III — Project Manager Thomas K. Mayer — Principal Jacobs Engineering Group Inc. Jacobs Engineering Group Inc. CC: Christian Childs; Terri Carpenter; Shalyce Childers; File Jacobs Engineering Group Inc. Design of Taxiway H Extension Phase I Proposal .;acobs Attachment B Lump Sum Fee Proposal FIRM ROLE RESOURCE EXPENSES HOURS TASK NT/INADED T.- TASKS oESIUN TASKA H ULPES TASK TASK6 NS DOCUMENTS DRAwIXGs TASK TASK8 ON CS—REP-1 PIA— ICSPP) TASK9 TASKIO TASK 11 cOSTESTIMATE s[xEOULE T TASK 12 FATE/FIR. SERVICES ATE/HR. PR I—)xR (97111) SUBTOTAL F F/HR. COSTS SU— SUBTOTAL PROFIT FULLY LOADED ®®®®®®®®®®®®®® OR SER—ES ®®® COSTS PROFIT TOTAL TOTALS EXPENSES HOURS ENT/ MANAGEMENT INVESTIGATION COLLECTION DESIGN ORA.—S DOCUMENTS ESIONREPORT PNAICSPp)SNGIIAN COSTESTIMATE SCHEDULE T EXPENSE EXPENSE SUBTOTAL RATE/EACH EXPENSE TOTALEXPENSES A, 5AU.52 Page I of 3 Jacobs AIRFARE(1X 2 TRIPS) $50000 $1,000.00 �LODGING(1 X2TRIP$) $15000 $30000 MEALS (I X 2 X 2 TRIP5) $6000 $24000 RENTAL CAR(2 TRIP5) $1000 $20000 TRIPSTORT WORTN, TX 2 ATTENDEESFO1 Attachment B Lump Sum Fee Proposal Page 2of3 .;acobs AVIATION ALLIANCE PROJECTDIRECTOR AVIATION ALLIANCE SENIOR ENGINEERING PM AVIATION ALLIANCE PROJECTENGINEER AVIATION ALLIANCE DESIGNER AVIATION ALLIANCE SENIOR SUPPORT 100 100 $ifi884 2500 1100 SHOO 00 104 Do 1400 8CO $168.84 202.00 21.00 Attachment B Lump Sum Fee Proposal 40.00 6.00 8200 8.00 2.0E 1-oo 16.00 EMN costs PROFIT TOTAL T"o 101T COST LSnNATL SCHEDULE T SERvx:Es PHAlcswl�x TAS Page 3 of 3 N 0 a E i i E E E E E. ii c �' e s i s c s s ■ s x �• s S o � o a o � ? as � � � � o ! w � � � � o i„ w � � � 9 � _ 11 Attachment C .Jacobs D-B Schedule IP I 1 1 N ,17�,I`T, I I W,11 I — -",s AD I —I A 1,7­4`1% 1A1 I A I ,",A I W, I I t-1 I I I I P I �A I A I ',T) I W, I I, I I TO I P. I I G-B.—BRA—ASTSE.I.—C A . . C...B. I DESIGN PHASE SEIRBOES I, All -I 210,1­ 13 ,1 T- -11/1A — 1/1/21 1 1 ....... 11, TIIIIITI2a 1-21,.,21 6 CONTRACT FINALI-RON d- , 1, Wae 12/11/24' F11 12/1-4 IOICI TO PIOCIED OTON Dam omr, V11 12/13124 kfl IV1 3124 PI, W� �, 1 1 v, AI�4 Th VIVO, I PRO.ECT KICKIFF MEETING d., Nday, Mont/W25 N.h 116/DE *S" MM, "1 1 2� .7 Fn 11-5 :,I'RV"-1S-1EFI`EL`D`-11I S.F CAROEwERr 16., . d- M.h Vh 13 1- E.SBIGS . IG RlsuLTs A y, Ild- I- 3/10z1 14 FIN. REPORTS smn were 12111 — 1 B D—ITOP PTANCSPP, COST S, I ECIHCANOIS, =T, AND DESIGN I'll I CONTROL REVIEW AND COMMENTS 14,hp M.h 11-1 Th 12,11 smy, 1 dWI NT.h 3/3/OE In 317/2S I I ADDRESS auau,v 111101 COMNIIII 1 .1 say, I.h V10/2E In 3/14/zE 11 — oeslGNoocumervrs —, Iv /, "' IN 1114/�l Ll III CIEENT 111-110—ENT �k 11 . 11. ... TH .. 21 AIW s CITI 01 PORT WORTH REVIEW PERIOD 11 FAA REVIEW PERIOD 12., —,P — 311 ",I To 31-1 + 1 ., I I d- Mon 3/17125 V6 4/4115 :: ST— "— --112. Th. GAI/2. ADDRESS 611 FEVIEWI COIMENTS AND FINALIZE P-1, IPIIIHCANCN, C111. COST 111-TI, ANN 39 d, M., IISI 11 11h —11 21 UIALITYCONTROLRE I—D—MENTS , , 1111/1/25 - 5/1 5nS 26 ADDRESS 1ANTI CONTROL CIMMENTI —1 1111, 111 S/I 12S Th. 1/22M 27 suBMIT.SD, DESIGN 11C11ENTI d., . — Th. S/12"' Th' 1/2 01 11 11111 111-111—El 1111, 111" F11 11 Th AFW & CITY OF FORT WORTH REVIEW PERIOD I I .n lOd- 1� 1123/25 In 6/6/25 N FAA —F. PERIOD 21 BF, 14 d- F,n VIS 6/1 R- IIIIIIN. - ..- —6/9", -77 SPECIFICATIONS, CSPP, COSI EISTIMATE, AND DESTINI. ADDRE"'"ALC-MEN""'NS, 33 1111IT III 111-ITI 29 JIW 20dI, C 1, 0 d­ MO, 7/7/25 7/7/25 DESIGN BE- 1 EANDINIGI—ESIBIROCEI �S PREPARTATION OF BID PACKAGE7" T-7/8/25 3G A—ROSEMENT FOR BIDS 30 a,A 22 jm W.a 7/9/2S - 8/7/25 [TTSEMENT FOR BIDS 37 PRE BID M1I111G ..,T Naar, Th. 7/17/15 - 7/17/DI FETING PREPIITAII ON 0 F�DDE"1VB.I"NS1E.M0 1I B" 1' ""' Th. 11 _5 Vh 811/2S IFORGIA. FERRID L CONTRACT.. . /C.N,_ GIN PER.. 31 BID OPENING OdP, 0 my Th. 811/21 Th. 8/7/25 BIDOPEING I C-L—IN 111111 BOP, aaar, Th. 8/7/15 - 8/14125 E.= BIDS 11 NOTIFICATION 11 APPARENT L— 1111EI 11, Oft, - B11121 - 9114nD NOTIFICATION IF A �.ANENR I.TI FRGGER . AGENCY CONTRACTING 11 1,0 32d­ k 8115/21 T--/21 ANDICI IDINTRACTINIS I IIINCIL B., 0 d,I T. 10/14/15 - 10114,05 COU:KIL A. I CONIBACT FINATIDAININ 1—, 9 HAy, M.h 10/27/25 TGNTRACT EON 41 \rrL''.``ajj+'o'ns/z5 4a NOTICE 71 111CIE1 v , M-- I-M. ... 1-1/1 NOTICE T 0 PROCEED 41 TAIRWAY WORI (PHASE 0 1 NBIRS/IAI - I DAYS/11 I SSUED SSUD as CO.—T.O. B­ 1 GI I-7/M IB w.". I d., Fli 2/21/16 10 —6 SIBBETANNAL-1— Page 2 of AT'IeCHMENT D 1 \ . A vvv o3xo po L00 k o o Qo 708+00 109+00 110+00 111+fig 112+00 113+OG 114-00 115+00 116+00 111+00 118+00 119+00 120+00 121+00 122+00 123+00 124+00 125+00 �ylf I � I t 1 5 ,� 100 I +'Ts �a711 B SCALE: 700 LEGEND: Mj TAXIWAY H EXTENSION (PHASE 1) 5 I TAXIWAY H4 CONNECTOR L���� �T I sTI nW r — — — — EXISTING PROPERTY LINE -0.40 1" I / fi80 PROPOSED MAJOR CONTOURS ` / `PF OPOS�I6 Gwwwitt E \ ` ETGF -TIN PROPOSED MINOR CONTOURS e-r0 EXISTING MAJOR CONTOURS F 0 EXISTING MINOR CONTOURS ss0 loswo lmwo me+Go 1oa+oo no+o0 r1«oo nzwo 1a.00 sso 11440 ns«oo 116«o0 117«o0 na«o0 na.00 120.00 12140 lzzwo 123.o0 1za+00 1zs.0o TlJtIWAYH — a aSTA: 1+04 80 ELEV:680.38 K: 100 HORs— V— VERSCALE I — GENERAL NOTES: LVc: 2m no MAPPING WAS OBTAINED AS PART OF THE AFW AIRPORT LAYOUT PLAN (ALP) UPDATE PROJECT (CITY OF FORT WORTH PROJECT NUMBER 103668) AND ADHERES TO THE FOLLOWING FAA ADVISORY CIRCULARS THAT DETAIL THE DATA COLLECTION REQUIREMENTS lz J00 I AND ACCURACIES FOR THE PROJECT AND THE VERIFICATION PROCESS BY THE FEDERAL AVIATION ADMINISTRATION (FAA) AND THE a NATIONAL GEODETIC SURVEY (NGS): „ y w I • AC 15015300-16B "GENERAL GUIDANCE AND SPECIFICATIONS FOR AERONAUTICAL SURVEYS: ESTABLISHMENT OF GEODETIC sa0 ^J sa0 CONTROL AND SUBMISSION TO THE NATIONAL GEODETIC SURVEY." m Ex ,nrvc • AC 150/5300-17C "STANDARDS FOR USING REMOTE SENSING TECHNOLOGIES IN AIRPORT SURVEYS" — — 1 50 _ _ • AC 150/5300-18B "GENERAL GUIDANCE AND SPECIFICATIONS FOR AERONAUTICAL SURVEYS: AIRPORT SURVEY DATA COLLECTION -o. O% ew AND GEOGRAPHIC INFORMATION SYSTEM STANDARDS." �ElanNc';RnOE THIS MAPPING HAS BEEN COMPILED IN ACCORDANCE WITH PROCEDURES THAT HAVE BEEN DEMONSTRATED TO COMPLY WITH THE S Pg1'P°'sH GB"9 NATIONAL STANDARD FOR SPATIAL DATA ACCURACY (NSSDA), FOR TARGET HORIZONTAL MAPPING SCALE OF 1 INCH = 40 FEET AND A SPECIFIED CONTOUR INTERVAL OF 2 FEET. sro sz0 THIS MAP IS COMPILED BY PHOTOGRAMMETRIC METHODS FROM AERIAL PHOTOGRAPHY DATED 08115/2022. GRID BASED ON TX NORTH a+o0 1- 2+00 3-Co 4-s+a0 CENTRAL NAD 1983. COORDINATE SYSTEM VERTICAL DATUM BASED ON NAVD 1988. TAxlwnr H4 EXISTING ELECTRICAL AND COMMUNICATIONS DUCTBANKS ARE SHOWN BASED ON THE BEST AVAILABLE INFORMATION. HORIZONTAL a HOR SCALE. 1-.100 I II SCALE I'- AND VERTICAL LOCATIONS HAVE NOT BEEN FIELD VERIFIED. 11 PEROT FIELD AFW GRANT' PROGRAM PEROT FIELD FORT WORTH ALLIANCE FORT WORTH ALLIANCE AIRPORT FO'lT I+ . AIRPORT NOVEMBER 07, 2024 EXTENSION9 • • ATTACHMENT E 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 n elmw" n; 1" 11 RM I I 10 BLVA T.XY11;7.1104" I.YK1]u19NEllefeiBLIA/YY:I 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. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 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 § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 5 of 12 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); CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 6 of 12 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 CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 7 of 12 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/l/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. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 8 of 12 101911'aif► ;7:\17Be:']* 1k"Ilow Irele[e1D1k"401 W[ay.,%I Mei By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — 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. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 9 of 12 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 CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 10 of 12 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. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 11 of 12 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. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 Federal Contract Provisions Page 12 of 12 M OC�1 a►�hi �:Z�J 1I 10I I re7e[17l2[y 11:71 r111ea I DN Q 1141170V lu lilel WN 111rM. ► 1 1 11 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. CITY OF FORT WORTH Federal Contract Provisions Revised November, 2023 FORT WORTH Routing and Transmittal Slip Aviation DOCUMENT TITLE: M&C 24-1123 CPN DATE: 12/13/2024 TO: 1. Roger Venables 2. Candace Pagliara 3. Valerie Washington 4. Jannette Goodall 5 R Department AFW Taxiway Hotel Extension Project Design 105958 CSO # DOC# INITIALS DATE OUT RV Dec 13, 2024 CP Dec 13, 2024 CP Dec 16, 2024 JG Dec 16, 2024 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 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. City of Fort Worth, Texas Mayor and Council Communication DATE: 12/10/24 M&C FILE NUMBER: M&C 24-1123 LOG NAME: 55AFW TAXIWAY HOTEL EXTENSION PHASE I DESIGN SUBJECT (CD 10) Authorize Execution of an Engineering Services Agreement with Jacobs Engineering Group Inc. in an Amount Up to $460,288.00 for Design and Bidding Support Services for Phase I of the Taxiway Hotel Extension Project at Perot Field Fort Worth Alliance Airport, Adopt Appropriation Ordinance and Amend the Fiscal Year 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended the City Council: 1. Authorize execution of an engineering services agreement with Jacobs Engineering Group Inc. in an amount up to $460,288.00 for design and bidding support services for Phase I of the Taxiway Hotel Extension project at Perot Field Fort Worth Alliance Airport; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Alliance Airport Capital Fund, in the amount of $460,288.00, from the Airport Revenue, for the purpose of funding the design for Phase I of the Taxiway Hotel Extension project (City Project No. 105958); and 3. Amend the Fiscal Year 2025-2029 Capital Improvement Program. DISCUSSION: The Aviation Department is seeking City Council approval to authorize execution of an engineering services agreement (Agreement) with Jacobs Engineering Group Inc. (Jacobs), for design and bidding support services for Phase I of the Taxiway Hotel 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 "Engineering Services at City of Fort Worth Alliance Airport," which included "General Airport Engineering Services" as one of the descriptions of work. On May 8, 2020, two qualifications were received, and a team of four evaluated and scored Jacobs and Southwest Testing Laboratories (STL Engineers) on the following criteria: • (A) Quality and extent of the firm's experience and expertise in the areas of Noise Mitigation Efforts (30 points possible); • (B) Qualifications of team and/or individuals who will be primarily responsible for providing all services included in the RFQ (30 points possible); • (C) Local management structure for the proposed projects in this RFQ inclusive of experience and qualifications of any proposed sub - consultants (20 points possible); and • (D) Other criteria show to be relevant to the circumstances by the context of the applicants' proposal (20 points possible). The scores were averaged as follows: A I B C D Total Jacobs 29 129 17 19 94 STL Engineers 0 I 10 9 8 27 This Project is located on the northeast side of the Airport (see attached map), and will consist of extending Taxiway Hotel by approximately 575 feet to provide for future development and access for tenants adjacent to Airport property. This Project will also consist of constructing approximately 700 feet of asphalt shoulder on the south side of the existing portion of Taxiway Hotel for compliance with Federal Aviation Administration (FAA) advisory circulars. Funding is available in the Unspecified -All Funds project within the Alliance Airport Capital Fund for the purpose of funding the 55AFW Taxiway Hotel Extension Phase I project. The Business Equity Division placed a 12.49% Disadvantaged Business Enterprise goal on this solicitation/contract. Jacobs Engineering Group, Inc., has agreed/committed to utilize 33.13% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. Perot Field Fort Worth Alliance Airport is located in COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Alliance Airport Capital Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Alliance Airport Capital Fund for the 55AFW Taxiway Hotel Extension project to support the above recommendations and execution of the contract. Prior to an expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Valerie Washington 6199 Oriainatina Business Unit Head: Roger Venables 6334 Additional Information Contact: Tyler Dale 5416