HomeMy WebLinkAboutContract 63562CSC No. 63562
CITY OF FORT WORTH, TEXAS
MASTER 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: General, minor
engineering services on an as -needed basis 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 Services;
3. Attachment "B" — Task Order Template;
4. Attachment "C" — Federal Contract Provisions.
Attachments "A", "B", and "C" which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. In the event of any conflict between the
terms and conditions of the Attachments and the terms and conditions set forth in the body
of this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Work is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$99,900 per year.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this
Agreement shall be for a term beginning June 1, 2025 (Effective Date)
and shall continue until May 31, 2030 (Expiration Date).
Master Agreement for Engineering Related Professional Services at
Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including
but not limited to meeting the requirements set forth in Attachment A and
B to this AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under
this AGREEMENT until paid in full. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto
and identified in more detail within Attachment A herein.
Master Agreement for Engineering Related Professional Services at
Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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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.
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Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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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.
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Between City of Fort Worth and Jacobs Engineering Group Inc.
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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.
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Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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I. 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.
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Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
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.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
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Between City of Fort Worth and Jacobs Engineering Group Inc.
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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.
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.
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Between City of Fort Worth and Jacobs Engineering Group Inc.
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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.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual AGREEMENT. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage 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
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insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(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.
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Between City of Fort Worth and Jacobs Engineering Group Inc.
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P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed by individual Task Order.
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
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Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
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timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of CITY, CITY hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
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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.
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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.
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D. Termination
(1) This AGREEMENT may be terminated:
a. by the CITY for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 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's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against third
party liability for any damage committed by the ENGINEER or
ENGINEER's agent, consultant under contract, or another entity over
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Between City of Fort Worth and Jacobs Engineering Group Inc.
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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
Master Agreement for Engineering Related Professional Services at
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
Master Agreement for Engineering Related Professional Services at
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.
Master Agreement for Engineering Related Professional Services at
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)
Master Agreement for Engineering Related Professional Services at
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
Valerie Was hing on (Jun 30, 202509:32 CDT)
Valerie Washington
Assistant City Manager
Date: 06/30/2025
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
Crt�uJace- PgarCiaNii
By: Cand-ce Paghara(Jun -2020l:20 CDT)
Candace Pagliara
Assistant City Attorney
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Jannette Goodall
City Secretary
Master Agreement for Engineering Related Professional Services at
Perot Field Fort Worth Alliance Airport
Between City of Fort Worth and Jacobs Engineering Group Inc.
Page 20 of 20
BY:
JACOBS ENGINEERING GROUP INC.
Thomas K. Mayer
Principal
Date: 6/26/2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Task Order Engineering Design Related Services for Perot Field Fort Worth
Alliance Airport Improvements
The scope set forth herein defines the potential work to be performed by the ENGINEER as
requested by CITY throughout the term of this Agreement. Both the CITY and the
ENGINEER have attempted to clearly define the potential work to be performed and address
the specific needs of the Airport.
WORK TO BE PERFORMED
OBJECTIVE: Obtain airport engineering services at Perot Field Fort Worth Alliance Airport
(Airport), on an as needed basis for the term of the Agreement, for minor issues or projects
that arise that are not tied to a grant funded project which may include design, bidding and
construction phase services.
ENGINEER hereby agrees to perform engineering services including design and
construction phase services on a task order basis as may be requested by the City during
the term of this Agreement. Each time the City needs a service under this Agreement, the
City will request services for each task order. The Engineer will then provide a scope, fee,
and schedule as necessary to perform the services requested for each task order. The task
order will be signed by both parties before any work will be performed by ENGINEER and
will include the total cost and the breakdown of payments by City to Engineer for the services
specified. The Director for the City Aviation Department is designated under this Agreement
to sign such task orders for the City.
The work requested by City and performed by Engineer may include, but is not limited to,
the following tasks:
Task 1. Design Management
Task 2. Preliminary Design
Task 3. Final Design
Task 4. Bid Phase Services
Task 5. Construction Phase Services
Task 6. Survey and Subsurface Utility Engineering Services
Task 7. Permitting
Task 8. Plan Review
Task 9. Miscellaneous Engineering Services
Task 1. Design Management
Engineer will manage the work outlined in the then agreed upon scope of work to ensure
efficient and effective use of Engineer's and City's time and resources. Engineer will
manage change, communicate effectively, coordinate internally and externally as needed,
and proactively address issues with the City's Project Manager and Others as necessary to
make progress on the work.
1.1 Managing the Team
- Lead, manage and direct design team activities
- Ensure quality control is practiced in performance of the work
- Communicate internally among team members
- Task and allocate team resources
1.2 Communications and Reporting
- Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet City requirements.
- Conduct and document biweekly project update meetings with CITY Project Manager
- Conduct review meetings with the City at the end of each design phase
- Conduct and document biweekly design team meetings
- Prepare invoices, in accordance with this Standard Agreement and submit monthly
in the format requested by the City.
- Prepare and submit a baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required by the Standard Agreement
and according to the City of Fort Worth's Schedule Guidance Document.
- Complete monthly M/WBE Report Form and Final Summary Payment Report Form
at the end of the project.
- Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
- With respect to coordination with permitting authorities, Engineer shall communicate
with permitting authorities such that their regulatory requirements are appropriately
reflected in the designs. Engineer shall work with regulatory authorities to obtain
approval of the designs, and make changes necessary to meet their requirements,
as part of the design scope.
- Personnel and Vehicle identification: When conducting site visits to a project at a
project location, the Engineer or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
DELIVERABLES
a. Meeting summaries with action items
b. Monthly invoices
c. Monthly progress reports
d. Baseline design schedule
e. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
f. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows:
2.1 Data Collection
- In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the project.
ENGINEER will also identify and seek to obtain data for existing conditions that may
impact the project including; utilities, agencies (TxDOT and railroads), City Master
Plans, and property ownership as available from the Tax Assessor's office.
- The data collection efforts will also include conducting special coordination meetings
with affected property owners and businesses as necessary to develop sewer re-
routing plans.
2.2 Subsurface Utility Engineering
- Provide Subsurface Utility Engineering (SUE) per Task 6.
2.3 Development of Preliminary Design Drawings and Specifications shall include the
following:
- Cover and index of sheets including project limits, area location map and beginning
and end station limits.
Phasing Plan: Develop a phasing plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Peoplesoft website. The typicals need not be
sealed individually, if included in the sealed contract documents. The phasing plan
shall be incorporated into the design drawings and are to include road and taxiway
and/or lane closures, limited access to adjacent properties, and limited access to
pedestrian and bicycle traffic. Landside phasing shall be completed as required per
the latest edition of the Texas Manual on Uniform Traffic Control Devices. Airside
phasing shall be completed as required per the latest edition of the Texas Manual on
Uniform Traffic Control Devices. Airside phasing shall be completed as required per
the latest edition of FAA AC 150/5370-2.
Plan and profile sheets showing existing and proposed horizontal roadway and
taxiway alignments, existing and proposed ROW, existing and proposed lane
dimensions and lane arrows, existing drainage structures, city owned and franchise
utilities and existing roadway vertical alignments (profiles). The plan and profile
sheets shall display station and coordinate data for all horizontal alignment P.C.'s,
P.T.'s, P.I.'s, station and elevation data of all vertical profile P.C.'s P.T.'s, P.I.'s
lowpoints and high points; lengths of vertical curves, grades, K values, e, and vertical
clearances where required.
A Project Control Sheet, showing all Control Points, used or set while gathering data.
Generally on a scale of not less than 1:400. The following information shall be
indicated for each Control Point: Identified (existing City Monument #8901, PK Nail,
5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set
in the centerline of the inlet in the South curb line of North Side Drive at the East end
of radius at the Southeast corner of North Side Drive and North Main Street).
- SUE plan drawings.
- Updated existing and proposed typical section sheets.
No less than two bench marks plan/profile sheet.
Bearings given on all proposed centerlines, or baselines.
Station equations relating utilities to paving, when appropriate.
- Overall project easement layout sheet(s).
Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs,
sidewalks, driveways, lane dimensions and arrows and existing and proposed
contours (0.25' intervals)
Preliminary roadway details to include curbs, cub expansion joints, driveways,
sidewalks, and pavement details.
ENGINEER will delineate the watershed based on contour data and field verification
and document existing street, right-of-way and storm drain capacities for the subject
site. A drainage area map will be draw at maximum 1" = 200' scale from available 2-
foot contour data with the contours labeled. Data source and year will be provided
by the CITY. Calculations regarding street and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will be
provided. Other frequencies as required by iSWM criteria may be appropriate for
outfalls and sensitive locations. Capacities of existing storm drain will be calculated
and shown. All calculations shall conform to CITY criteria delineated in the CITY's
current iSWM Criteria Manual for Site Development and Construction. All locations
in the project area where 100-year runoff exceeds available storm drain and right-of-
way capacities shall be clearly identified. The ENGINEER's responsibility includes
recommendations for improvements of the existing system as deemed reasonable
and consistent with CITY standards.
Storm drain layout sheets showing location and size of all inlets, manholes, junction
boxes, culverts and piping to include storm drain profiles showing existing and
proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe
and connections to existing or proposed storm sewer systems.
- Preliminary signing, pavement marking, illumination and signal layouts.
2.2 Geotechnical Investigation/ Pavement Design
- The ENGINEER shall obtain and utilize geotechnical data performed by others.
The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding utility
trenching and identify existing groundwater elevation at each boring.
2.3 Constructability Review
Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule
and attend a project site visit with the CITY Project Manager and Construction
personnel to walk the project. The ENGINEER shall summarize the CITY's
comments from the field visit and submit this information to the CITY in writing.
2.4 Public Meeting
- After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help explain
the proposed project to residents. The CITY shall select a suitable location, prepare
and mail the invitation letters to the affected customers. The ENEINEER shall
coordinate with the CITY GIS staff to identify affected property owners/ residents and
develop a spreadsheet listing addresses of those to invite to the public meeting.
2.5 Utility Clearance
- The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities, private
utilities, private utilities and government agencies to determine the approximate
location of above and underground utilities, and other facilities (current and future)
that have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
- The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Peoplesoft for
forwarding to all utility companies which have facilities within the limits of the project.
The DWF files should be created directly from the CAD files as opposed to PDF files.
ASSUMPTIONS
- All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
- Half size plans and specifications will be reviewed at a project update meeting
- The FMs front end and technical specifications will be used. The ENGINEER shall
supplement the technical specifications if needed.
- DWF files created from design CAD drawings will be uploaded to the designated
project folder in Peoplesoft.
- All submitted documents and checklists will be uploaded to the designated project
folder in Peoplesoft
- Full size drawings will be delivered for Utility Clearance.
- ENGINEER shall not proceed with Final Design activities without written approval by
the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Preliminary iSWM Checklist
C. Utility Clearance drawings
D. Geotechnical Report
E. Estimates of probable construction cost
F. Public Meeting exhibits
TASK 3. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
- Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows:
- Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site
Development and Construction.
- Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows
- The ENGINEER shall submit Final Plans (100%) to the CITY at the end of the Bid
Documents period per the approved Project Schedule. Each plan sheet shall be
stamped, dated, and signed by the ENGINEER registered in State of Texas.
- The ENGINEER shall submit a final design estimate of probable construction cost
with the 100% design packages. This estimate shall use standard CITY and FAA bid
items.
ASSUMPTIONS
- 2 sets of half size drawings and 2 specifications will be delivered for the 100% Design
package.
- A DWF file for the 100 % Design will be created from design CAD drawings and will
be uploaded to the project folder in Peoplesoft.
DELIVERABLES
A. Final iSWM Checklist
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid
items and quantities using the CITY's standard bid items and format.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 4. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
4.1. Bid Support
- The ENGINEER shall upload all plans and contract documents onto Peoplesoft for
access to potential bidders.
- Contract documents shall be uploaded in a .xis file.
- Unit Price Proposal documents are to be created utilizing CFW Bidtools only and
combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template,
and will be populated and configured so that all pages are complete and the
Summary Worksheet(s) in the workbook detail and automatically summarize the
totals from the inserted Unit Price Proposal document worksheets.
- Plan Sets are to be uploaded to Peoplesoft in two formats, .pdf and Awf files. The
.pdf will consist of one file of the entire plan set. The .dwf will consist of individual
files, one for each plan sheet, and will be numbered and named in a manner similar
to that of the plan set index.
- The ENGINEER shall sell contract documents and maintain a plan holders list on
Peoplesoft from documents sold and from Contractor's uploaded Plan Holder
Registrations in Peoplesoft.
- The ENGINEER will develop and implement procedures for receiving and answering
bidders' questions and requests for additional information. The procedures shall
include a log of all significant bidders questions and requests and the response
thereto. The log shall be housed and maintained in the project's Peoplesoft folder
titled Request for Information. The ENGINEER will provide technical interpretation of
the contract bid documents and will prepare proposed responses to all bidders
questions and requests, in the form of addenda. The ENGINEER shall upload all
approved addenda onto Peoplesoft and mail addenda to all plan holders.
- Attend the prebid conference in support of the CITY.
- Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
- When substitution prior to award of contracts is allowed in the contract documents,
the ENGINEER will advise the CITY as to the acceptability of alternate materials and
equipment proposed by bidders.
- Attend the bid opening in support of the CITY.
- Tabulate and review all bids received for the construction project, assist the CITY in
evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation
and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be
uploaded into the project's Bid Results folder on Peoplesoft.
- Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
- The project will be bid only once and awarded to one contractor.
- PDF, DWF and DWG files will be uploaded to Peoplesoft.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
E. CFW Data Spreadsheet
TASK 5. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
5.1 Construction Support
- The ENGINEER shall attend the preconstruction conference.
- After the pre -construction conference, the ENGINEER shall provide project exhibits
and attend public meeting to help explain the proposed project to residents. The CITY
shall select a suitable location and mail the invitation letters to the affected customers.
- The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
- The ENGINEER shall review shop drawings, samples and other submittals submitted
by the contractor for general conformance with the design concepts and general
compliance with the requirements of the contract for construction. Such review shall
not relieve the Contractor from its responsibility for performance in accordance with
the contract for construction, nor is such review a guarantee that the work covered
by the shop drawings, samples and submittals is free of errors, inconsistencies or
omissions. The ENGINEER shall log and track all shop drawings, samples and other
submittals in Peoplesoft.
As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
5.2 Record Drawings
The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction. The
following information shall be provided by the CITY:
- As -Built Survey
- Red -Line Markups from the Contractor
- Red -Line Markups from City Inspector
- Copies of Approved Change Orders
- Approved Substitutions
The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project as
constructed. The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet, whether there are any revisions on the sheet or not. Each
sheet shall clearly indicate all changes which apply to that sheet by clouding and
numbering, or other suitable means.
- The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others
and represent the as constructed conditions to the extent that documented
changes were provided for recording. The ENGINEER assumes no liability for
undocumented changes and certifies only that the documented changes are
accurately depicted on these drawings.
- The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped
as Record Drawings, on mylar for record storage. The ENGINEER may keep copies
of the information provided by the CITY for their files, but all original red -lined
drawings shall be returned to the CITY with the mylars.
- Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version
6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF
file for the TPW plan set and a separate PDF and DWF file for the Water plan set.
Each PDF and DWF file shall contain all associated sheets of the particular plan set.
Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF
and DWF files shall conform to naming conventions as follows:
o TPW file name example - "W-1956_org47.pdf' where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is of
an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
o Water and Sewer file name example - "X-35667_org36.pdf' where "X- 35667"
is the assigned file number obtained from the CITY, "_org" designating the file
is of an original plan set, "36" shall be the total number of sheets in this file.
Example: X-12755_org18.pdf
- Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in
Peoplesoft.
- For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project unless
the appropriate project numbers and fund codes have been assigned and are in the
Department of Transportation and Public Works database.
ASSUMPTIONS
- 4 site visits are assumed.
- 1 submittal reviews are assumed.
- 2 RFI's are assumed.
- 2 Change Orders are assumed.
- One copy of full size (22"x34") mylars will be delivered to the CITY
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings
TASK 6. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
6.1. Design Survey
- ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by ENGINEER in design and preparation of plans for the
project. Information gathered during the survey shall include topographic data,
elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of
buried utilities, structures, trees (measure caliper, identify overall canopy, and have
qualified arborist identify species of trees), and other features relevant to the final
plan sheets. Existing drainage at intersections will be verified by field surveys. Spot
elevations will be shown on intersection layouts with cross slope to fit intersecting
grade lines.
- The minimum survey information to be provided on the plans shall include the
following:
o A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400;
o The following information about each Control Point;
■ Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
■ X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
■ Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
o Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same
coordinate system, as the Control.
o No less than two horizontal bench marks, per line or location.
o Bearings given on all proposed centerlines, or baselines.
o Station equations relating utilities to paving, when appropriate.
6.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The
SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
- Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be affected by the project.
- Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved utilities.
- Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
- Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as required.
Exercise professional judgment to resolve conflicting information. For information
depicted, indicate: utility type and ownership; date of depiction; quality level(s); end
points of any utility data; line status (e.g., active, abandoned, out of service); line size
and condition; number of jointly buried cables; and encasement.
Quality Level C (includes tasks as described for Quality Level D)
- Identify surface features, from project topographic data and from field observations,
that are surface appurtenances of subsurface utilities.
- Include survey and correlation of aerial or ground -mounted utility facilities in Quality
Level C tasks.
- Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously surveyed,
check survey data for accuracy and completeness.
- The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility owners
for design purposes.
- Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
- Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
- Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
- Select and apply appropriate surface geophysical method(s) to search for and detect
subsurface utilities within the project limits, and/or to trace a particular utility line or
system.
- Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for marking
of lines.
- Unless otherwise directed, mark centerline of single -conduit lines, and outside edges
of multi -conduit systems.
- Resolve differences between designated utilities and utility records and surveyed
appurtenances.
- Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical methods,
exploratory excavation, or upgrade to Quality Level A data.
- As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction, that
enables the correlation of surface geophysical data to the project's survey control.
Level A
- Expose and locate utilities at specific locations.
- Tie horizontal and vertical location of utility to survey control.
- Provide utility size and configuration.
- Provide paving thickness and type, where applicable.
- Provide general soil type and site conditions and such other pertinent information as
is reasonably ascertainable from each test hole site.
6.4. Construction Survey
- The Construction survey will be performed by the Contractor.
- Be available to the CITY on matters concerning the layout of the project during its
construction
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
C. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
TASK 7. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
7.1. Storm Water Pollution Prevention Plan
- For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention
- Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the
iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
TASK 8. PLAN REVIEW.
- ENGINEER will provide review of construction plans develop by third parties for
development on airport property. The reviews will be performed to check for
compliance with FAA or applicable agency requirements and consistency with the
Airport's Master Plan.
TASK 9. GENERAL AIRPORT ENGINEERING SERVICES
CITY and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed,
upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result
of any material change to the Scope of the Project shall be agreed upon in writing by both
parties before the services are performed. These additional services include minor
engineering services not tied to larger projects including, but not limited to, the following:
- Negotiation of easements or property acquisition.
- Services related to development of the CITY's project financing and/or budget.
- Services related to disputes over pre -qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
- Construction management and inspection services.
- Performance of materials testing or specialty testing services.
- Services necessary due to the default of the Contractor.
- Services related to damages caused by fire, flood, earthquake or other acts of God.
- Services related to warranty claims, enforcement and inspection after final
completion.
- Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
- Planning and design services
- Permitting assistance
- Bid and proposal development services
- Pavement condition evaluation and training for Airport personnel
- Drainage studies and improvements
- Public meetings to discuss Airport -related topics
- Geotechnical investigation
- Construction surveying surfaces
- Services related to Advanced Air Mobility (AAM)
- Services related to Unmanned Aircraft Systems (UAS)
- Services related to Vertiports
- Services related to Solar Energy
Services related to electrical infrastructure improvements and preparation for
electrification of aircraft and other items
Design for emergency repair and unexpected safety related issues
- Performance of miscellaneous and supplemental services related to non -grant
related projects as requested by the City
ATTACHMENT "B"
TASK ORDER TEMPLATE
TASK ORDER NO. _
City of Fort Worth, Texas
Perot Field Fort Worth Alliance Airport
This TASK ORDER ("Task Order") is made by and between the City of Fort Worth, Texas (hereinafter
referred to as "CITY") and Jacobs Engineering Group Inc., (hereinafter referred to as "ENGINEER") in
accordance with the provisions of the MASTER AGREEMENT FOR ENGINEERING RELATED
PROFESSIONAL SERVICES executed on ("Agreement").
Under this Task Order, the CITY intends to have ENGINEER perform [Insert Services/Project Title] at
Perot Field Fort Worth Alliance Airport (hereinafter referred to as "AIRPORT").
ENGINEER will provide professional services related to these improvements as described herein.
Terms not defined herein shall have the meaning assigned to them in the Agreement.
1. SCOPE OF SERVICES
ENGINEER's work and services to be provided and performed by ENGINEER under this Agreement will
include assisting the CITY in [Insert Services description].
1.1. Example of services covered, but not limited to under this Agreement are providing the following
Services:
1.1.1. [Insert text here [or] in Appendix A as needed.]
1.2. In addition to those obligations set forth in the Agreement, CITY shall:
1.2.1. [Insert text here]
2. PAYMENT
The CITY will pay ENGINEER an amount not to exceed [$XX,XXX.XX].
The CITY will pay ENGINEER the amount above under in the terms set out in accordance with the
provisions of the Agreement.
This Task Order may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
Approval and acceptance of this Task Order shall incorporate this document as part of the Agreement.
ENGINEER is authorized to begin performance upon receipt of a copy of this Task Order signed by the
CITY. The effective date of this Task Order shall be the last date written below.
CITY OF FORT WORTH JACOBS ENGINEERING GROUP INC.
By:
Signature
Name:
Printed Name
Title:
Date:
By:
Signature
Name:
Printed Name
Title:
Date:
ATTACHMENT "C"
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.
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FCP-5 CIVIL RIGHTS — TITLE VI ASSURANCES COMPLIANCE WITH
NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the ("Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited
by the Nondiscrimination Acts and Authorities, including employment practices when the contract
covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations
under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or
national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless exempt
by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action
with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter
into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the
United States to enter into the litigation to protect the interests of the United States.
01YM11�I/811k1l9113M904.941lei Dieu de[I]eI11 Mai ;71u11►rrYr/]e/:Tol&7\e1O7:1"01to] ;7111*1
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
CITY OF FORT WORTH
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Federal Contract Provisions
Page 4 of 12
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as implemented
by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations (ensures nondiscrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087
(2005)];
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
FCP-6 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC § 740-767lq) and the Federal Water Pollution Control Act as amended (33 USC §
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
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FCP-7 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the consultant certifies that neither it nor its principals
are presently debarred or suspended by any Federal department or agency from participation in this
transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a
higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the
FAA may pursue any available remedies, including suspension and debarment of the non -compliant
participant.
FCP-8 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of
49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to
carry out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited
to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
4. Disqualifying the Contractor from future bidding as non -responsible.
Bid Information Submitted as a matter of responsiveness:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsiveness, the contractor must submit the following information with its proposal
on the forms provided herein:
1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in
the contract;
2. A description of the work that each DBE firm will perform;
3. The dollar amount of the participation of each DBE firm listed under (1);
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4. Written statement from contractor that attests their commitment to use the DBE firm(s) listed under
(1) to meet the City of Fort Worth's project goal;
5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and
amount of work provided in the prime contractor's commitment; and
6. If contractor cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken
by the contractor as described in appendix A to 49 CFR part 26. The documentation of good faith
efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder
when a non -DBE subcontractor was selected over a DBE for work on the contract.
Bid Information submitted as a matter of responsibility:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsibility, every contractor must submit the following information before any contract
will be awarded.
1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in
the contract;
2. A description of the work that each DBE firm will perform;
3. The dollar amount of the participation of each DBE firm listed under (1);
4. Written statement from contractor that attests their commitment to use the DBE firm(s) listed under
(1) to meet the City of Fort Worth's project goal;
5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and
amount of work provided in the prime contractor's commitment; and
6. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The
documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor
quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on
the contract.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime contractor
receives from City of Fort Worth. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause following
written approval of the City of Fort Worth. This clause applies to both DBE and non -DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor who met all requirements and were listed
under the bid information submission requirements listed above (or an approved substitute DBE firm)
without prior written consent of City of Fort Worth. This includes, but is not limited to, instances in which
the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own
forces or those of an affiliate, a non -DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for
which each is listed unless the contractor obtains written consent from City of Fort Worth. Unless City of
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Fort Worth consent is provided, the prime contractor shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed DBE.
City of Fort Worth may provide such written consent only if City of Fort Worth agrees, for reasons stated
in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For
purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to City of Fort Worth its request to terminate and/or substitute a DBE subcontractor,
the prime contractor must give notice in writing to the DBE subcontractor, with a copy to City of Fort
Worth, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise
City of Fort Worth and the contractor of the reasons, if any, why it objects to the proposed termination of
its subcontract and why City of Fort Worth should not approve the prime contractor's action. If required in
a particular case as a matter of public necessity (e.g., safety), City of Fort Worth may provide a response
period shorter than five days.
In addition to post -award terminations, the provisions of this section apply to preaward deletions of or
substitutions for DBE firms put forward by offerors in negotiated procurements.
FCP-9 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/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.
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FCP-12 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
1. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (USTR);
2. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the USTR; and
3. has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns
that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by
reason of changed circumstances. The Contractor must require subcontractors provide immediate written
notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed
circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1. who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the USTR; or
2. whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list; or
3. who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the
contract or subcontract for default at no cost to the Owner or the FAA.
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FCP-13 CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
FCP-14 PROHIBITION OF SEGREGATED FACILITIES
1. The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity
clause in this contract.
2. "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, sex, or national origin because of written or oral
policies or employee custom. The term does not include separate or single -user rest rooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes.
3. The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Employment Opportunity clause of this contract.
FCP-15 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a
CITY OF FORT WORTH
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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.
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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.
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Page 12 of 12
FCP-20 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance
with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-21 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor
and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632)
owned and controlled by disabled veterans. This preference only applies when there are covered veterans
readily available and qualified to perform the work to which the employment relates.
CITY OF FORT WORTH
Federal Contract Provisions
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FORT WORTH
Routing and Transmittal Slip
Aviation
DOCUMENT TITLE:
M&C CPN
DATE: 6/26/2025
TO:
1. Roger Venables
2. Candace Pagliara
3. Valerie Washington
4. Janette Goodall
k,
59
Department
AFW 5-Year On -Call Master Services Agreement
CSO # DOC#
INITIALS DATE OUT
06/27/2025
Ro er enables
06/30/2025
vK ��
06/30/2025
J�tteGoodall
06/30/2025
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑x No
RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑x Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 541 for pick up when completed. Thank you.