HomeMy WebLinkAbout065350 - Construction-Related - Contract - Jacobs Engineering Group Inc.CSC No. 65350
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
("CITY"), and Jacobs Engineering Group Inc., authorized to do business in Texas,
("ENGINEER"), for a project generally described as: Design and Bidding Support Services
for Phase II of the Joint Reseal & Pavement Repair project ("PROJECT") at Perot Field Fort
Worth Alliance Airport — City Project No. 106867.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation shall be in the lump sum amount of $92,293.67 as
set forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
ENGINEER shall provide monthly invoices to CITY. The ENGINEER shall provide
the CITY sufficient documentation, including but not limited to meeting the requirements set
forth in Attachment A and Attachment B to this AGREEMENT, to reasonably substantiate
the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by ENGINEER of said payment shall release CITY from all claims or
liabilities under this AGREEMENT for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
CITY in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this AGREEMENT shall be for a term beginning upon the effective date, as
described below, and shall continue until the expiration of the funds or completion of the
subject matter contemplated herein pursuant to the schedule, whichever occurs first.
Unless specifically otherwise amended, the original term shall not exceed five years from
the original effective date. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 1 of 15
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this AGREEMENT, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing 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. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the designation of
the ENGINEER's "Project Manager" prior to starting work on contract.
(2) ENGINEER shall inform CITY in writing of a proposed change
to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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,
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 2 of 15
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.
E. 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.
F. 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
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 3 of 15
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.
G. 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.
H. 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
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 4 of 15
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 no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
I. 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.
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 notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 5 of 15
K. Insurance
ENGINEER shall not commence work under this AGREEMENT until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this AGREEMENT was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware
of, the ENGINEER shall notify the CITY of such changes and an adjustment
in compensation will be made through an amendment to this AGREEMENT.
P. Schedule
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 6 of 15
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment C to this AGREEMENT.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment C.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 7 of 15
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
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 8 of 15
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.
J. 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.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents that are
delivered to the CITY in accordance with the requirements of this
AGREEMENT; provided however, to the extent that ENGINEER discloses the
inclusion of any of ENGINEER'S preexisting intellectual property to which
ENGINEER retains ownership, such preexisting intellectual property, shall
remain the property of ENGINEER and ENGINEER shall grant CITY an
irrevocable, non-exclusive, royalty -free license to use any disclosed
preexisting intellectual property for the purposes contemplated under this
AGREEMENT.
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 9 of 15
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this AGREEMENT, but shall
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: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the CITY for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable 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 projected termination
expenses. The CITY's approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 10 of 15
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all CITY ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall observe
and comply with all orders, laws ordinances and regulations which may exist
or may be enacted later by governing bodies having jurisdiction or authority
for such enactment. No plea of misunderstanding or ignorance thereof shall
be considered. ENGINEER agrees to defend, indemnify and hold
harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such
order, law, ordinance, or regulation, whether it be by itself or its
employees.
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 11 of 15
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. 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 DUE TO VIOLATIONS OF THIS PARAGRAPH 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.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the contract value is $100,000 or more, the
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 contract, ENGINEER certifies
that ENGINEER's signature provides written verification to the CITY
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 12 of 15
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 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, 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. 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.
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 13 of 15
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.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A — Scope of Services
Attachment B — Compensation
Attachment C — Schedule
Attachment D — Project Exhibit
Attachment E — Federal Contract Provisions
Attachment F — Insurance Requirements
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)
City of Fort Worth, Texas AFW Joint Reseal & Pavement Repair Phase II Design
Standard Agreement for Engineering Related Design Services City Project No. 106867
Revised Date: June 10, 2026
Page 14 of 15
BY:
CITY OF FORT WORTH
Valerie Washinqgon
Valerie Washington (Jun 12, 2026 132,W,40 CDT)
Valerie Washington
Assistant City Manager
Date: 06/12/2026
APPROVAL RECOMMENDED:
Roger Venables
Director, Aviation
APPROVED AT TO FORM AND LEGALITY
By: Aaace Pagliara (Jun 12, 2026 13:27:58 CDT)
Candace Pagliara
Senior Assistant Attorney
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Jannette Goodall
City Secretary
Contract Compliance Manager:
BY:
JACOBS ENGINEERING GROUP INC.
Thomas K. Mayer
Principal
Date: 6/12/2026
M&C No.: N/A
M&C Date: N/A
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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.
Sasha Kane
Grants Manager, Aviation
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: June 10, 2026
Page 15 of 15
AFW Joint Reseal & Pavement Repair Phase II Design
City Project No. 106867
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Attachment A
Scope of Work
Design of Joint Reseal & Pavement Repair Phase II
Perot Field Fort Worth Alliance Airport
PROJECT DESCRIPTION
Perot Field Fort Worth Alliance Airport (AFW) plans to reseal alljoints within the Safety Area of Runway 16R-34L for
pavements built prior to 2016/2017 and the segment of Taxiway P that was constructed with the West Cargo Ramp &
Taxiway prior to 2005. The project will also include crack and span repairs on concrete panels identified as in need of
improvement. Joint Reseal & Pavement Repair Phase II will include the following:
• Removing and resealing joints for all concrete panels, with exception of the pavement built during the
Runway Extension project performed in 2016/2017
• Spall repair on any areas identified during the Site Inspection as in need of, and able, to receive concrete
span repair
• Crack repair on areas identified during the Site Inspection
• Repainting or remarking all pavement markings within the Runway Safety Area
Figure 1 shows the approximate scope and limits of design included in Phase II.
Figure 1
SCOPE OF SERVICES
N1111111° r L s S
Joint Reseal & Pavement Repair Phase II
The scope of work for this contract includes providing the design for Joint Reseal & Pavement Repair Phase II in
accordance with the current Federal Aviation Administration (FAA) Airport Standards. The Consultant will prepare and
host a pre -design meeting with the FAA at the start of the 95% design effort.
This scope of work will result in plans, cost estimate, and specifications suitable for requesting bids from contractors.
This scope of work includes two (2) submittals. AFW staff and the local FAA representative(s) will receive the first
submittal for review at 95% level of completion. AFW will prepare and compile review comments on the 95%
Submittal and transmit all comments to the Consultant. The Consultant will prepare responses to the comments and
conduct a Plan in Hand review meeting with AFW and the FAA to review all responses. After all comments have been
incorporated and/or resolved, the Consultant will conduct a Comment Resolution Meeting with AFW and the FAA to
finalize the 95% Submittal. The Consultant will incorporate any remaining comments and prepare the design package
Attachment A Design of Joint Reseal & Pavement Repair Phase 11
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at the Issued for Bid level of completion. The Consultant will prepare and issue signed and sealed contract documents
for bidding upon acceptance of the Issued for Bid Submittal.
95% Submittal will include:
• Construction Drawings
• Specifications and Contract Documents
• Detailed Construction Cost Estimate
• Final Engineer's Design Report (EDR) (95% Submittal Only)
• Detailed Construction Schedule
• Draft Construction Safety and Phasing Plan (CSPP)
• FAA Form 7460-1 (95% Submittal only)
Issued for Bid Documents will include:
• Construction Drawings
• Specifications and Contract Documents
• Detailed Construction Cost Estimate
• Detailed Construction Schedule
• Final CSPP
FAA Advisory Circulars (AC) referenced throughout this document refer to current editions at the time of contract
execution.
1. PROJECT MANAGEMENT / DESIGN MANAGEMENT
1.1. Project Management
Management activities will consist of planning, scheduling, budgeting/invoicing, stakeholder coordination, and
communication for the development and advancement of the design of the Project.
1.2. Project Execution Plan
The Consultant will submit a detailed Project Execution Plan within fourteen (14) calendar days of the Notice to
Proceed. The work plan will identify the execution and management of the work throughout the length of the contract.
The work plan will include:
• Roles and responsibilities of key team members along with lines of authority and communication. This will
include an organization chart or other type of exhibit that clearly identifies roles, responsibilities, and lines of
communication.
• A detailed Project schedule that identifies dates for key meetings, duration of design activities, submittals,
deliverables, and other important milestones for the completion of the work.
1.3. Document Control
The Consultant will manage electronic document retention of Project deliverables, including but not limited to; Project
Execution Plan, subcontracts, status reports, meeting minutes, grant documentation, and other Project relevant
documentation and reports, as needed.
1.4. Monthly Status Report
The Consultant will maintain regular communications with AFW and other stakeholders to provide status updates.
Each month the Project Manager will prepare a monthly report that includes a narrative discussion of issues,
accomplishments, and schedule updates.
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1.5. Coordination Meetings
The Consultant will attend coordination meetings with stakeholders to communicate issues related to the Project and
provide updates on the design progress. The key staff will attend virtual bi-weekly project coordination meetings for
the duration of the anticipated three (3) month design process and two (2) month bidding process. The Consultant
will meet monthly with AFW and FAA and bi-weekly with the Design Team for the duration of the Project.
1.6. Construction Cost Estimate and Program Budget
The Consultant will develop and maintain construction cost estimate for the 95% and the final submittals.
1.7. Project Schedule
The Consultant will develop a design and bid phase schedule for the duration of the anticipated three (3) month
design process and two (2) month bidding process.
1.8. Quality Control
The Consultant will prepare a Project Specific Quality Plan (PSQP) tailored to meet the City of Fort Worth (CFW) and
FAA requirements and defines the internal Consultant's review process and subsequent approval for each deliverable.
The Consultant's PSQP will follow FAA design guidelines and regulations and include design checklists for final
preparation packages (estimate, specifications, special provisions, certifications, etc.). Every item of work or document
produced will require at least one additional level of review before submission to AFW.
1.8.1. 95% Internal Review
Prior to submitting the contract documents to the applicable review agencies, the Consultant will perform a detailed
review as outlined in the PSQP. The quality control reviewers will generate and distribute comments to the team for
incorporation into the contract documents, as specified above, prior to submission to AFW and FAA.
1.8.2. 95% External Review
Upon completion of the 95% internal review, the Consultant will provide AFW and FAA the contract documents for
their review. The 95% external review process will include the following steps:
• Review the comments generated by AFW, CFW, and FAA
• Prepare a response (agree or disagree, etc.)
• Plan in Hand review meeting with AFW, CFW, and FAA
• Incorporate comments
• Comment Resolution Meeting with AFW, CFW, and FAA
1.8.3. Issued for Bid Review
The Consultant will perform a final review prior to distribution of the bid documents to ensure incorporation of all
comments. Upon completing the review, the Consultant will meet with AFW, CFW, and FAA to demonstrate the
comment resolutions.
2. SITE INSPECTION AND RECORDS RESEARCH
2.1. Site Inspection
The Consultant will perform a visual inspection of the airfield concrete pavement defined in Figure 1 to identify areas
of pavement distress (crack and span repair). Photographs and descriptions will be used to document the observed
distress so that this information can be considered and incorporated during detailed design. The distresses will be
mapped to provide locations of distresses for incorporation into the drawings.
2.2. Records Research
The Consultant will perform a thorough review of construction data and history, design considerations, specifications,
reports, as -built drawings, and maintenance history.
Attachment A Design of Joint Reseal & Pavement Repair Phase 11
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3. CONSTRUCTION DRAWINGS
3.1. Project Drawings
The Consultant will prepare all drawings in a 22-inch by 34-inch format, issued as PDF files for the 95% Submittal and
Issued for Bid (IFB) Submittal. The construction drawings will include the following sheets:
• Cover Sheet
• Index of Drawings and Summary of Quantities
• Abbreviations
• General Notes
• Construction Safety and Phasing Plans
• Airfield Joint Reseal and Pavement Repair Plans
• Airfield Joint Reseal and Pavement Repair Details
• Airfield Pavement Marking Plans
• Airfield Pavement Marking Details
4. SPECIFICATIONS AND CONTRACT DOCUMENTS
4.1. City of Fort Worth Contract Documents
The Consultant will obtain the most recent versions of the CFW standard contract documents for incorporation into
the bid documents and coordinate any necessary modifications with the CFW.
4.2. FAA General Provisions
All AIP funded projects must include the FAA General Provisions contained in FAA AC 150/5370-10H "Standard
Specifications for Construction of Airports". The Consultant will edit the General Provisions where required and include
them in the Project Manual.
4.3. FAA Mandatory Contract Provisions
The Consultant will include the latest version of FAA Mandatory Contract Provisions required for AIP funded projects.
The Consultant will edit the provisions where required and include the latest Davis Bacon Wage rates for heavy civil /
highway construction.
4.4. Technical Specifications
The Consultant will prepare technical specifications based upon FAA AC 150/5370-10H "Standard Specifications for
Construction of Airports". Any modifications to the standard FAA technical specifications will require a Modification of
Standards (MOS) initiated by CFW and approved by the FAA.
5. ENGINEER'S DESIGN REPORT
The Consultant will prepare an Engineer's Design Report in accordance with FAA guidance. The report will address the
general scope of the project, provide a listing of applicable FAA standards, and address key operational issues
identified in the CSPP. The report will also address all applicable process and considerations for pavement design,
drainage design, airfield lighting and signage, NAVAIDs, pavement marking, environmental impacts, utility lines in the
work area, requested modifications of AIP standards, identification of any non-AIP work, SBE participation, project
schedule, and project budget.
6. CONSTRUCTION SAFETY AND PHASING PLAN (CSPP)
The FAA requires submission of a CSPP for projects that lie within the AOA on Part 139 certified airports. The
Consultant will develop a CSPP that includes detailed phasing plans as well as identifies coordination, phasing, areas
and operations affected by the construction activity, protection of NAVAIDs, contractor access, wildlife management,
FOD management, HAZMAT management, notification of construction activities, inspection requirements,
Attachment A Design of Joint Reseal & Pavement Repair Phase 11
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underground utilities, penalties, special conditions, runway and taxiway visual aids, marking and signs for access
routes, hazard marking and lighting, protection of runway and taxiway safety areas, object free areas, obstacle free
zones, approach / departure surfaces, and limitations on construction as outlined in FAA AC 150/5370-2G
"Operational Safety on Airports During Construction".
The CSPP will include a provision to require the contractor to prepare a standalone Safety Plan Compliance Document
(SPCD) for the project.
6.1. Draft CSPP
The Consultant will submit the Draft CSPP through the Obstruction Evaluation / Airport Airspace Analysis (OE / AAA)
website for FAA review upon completion of the 95% Submittal. The FAA typically requires a minimum 45 days for
review.
6.2. Final CSPP
The Consultant will issue the final CSPP upon incorporating comments received from the 95% external review.
6.3. Airspace Submittal
In administering Title 14 of the Code of Federal Regulations (CFR) Part 77, the prime objective of the FAA is to
promote air safety and the efficient use of the navigable airspace. To accomplish this mission, aeronautical studies are
conducted based on information provided by proponents.
The Consultant will submit the CSPP electronically through the FAA's Obstruction Evaluation / Airport Airspace
Analysis (OE / AAA). The FAA typically requires 90 days for a determination.
7. CONSTRUCTION COST ESTIMATE
The Consultant will develop a detailed construction cost estimate with both the 95% Submittal and the Issued for Bid
Submittal. The detailed construction cost estimate includes unit prices and quantities for each bid item measured from
the design plans.
Estimates of construction cost represent the Consultant's best judgment as a design professional familiar with this type
of construction work. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of
labor, materials or equipment or the Contractor's methods of determining bid prices, or competitive bidding, market or
negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids will not vary
from the Owner's Project budget or from any estimate of construction cost prepared or agreed to by the Consultant.
8. CONSTRUCTION SCHEDULE
The Consultant will develop a detailed construction schedule with both the 95% Submittal and the Issued for Bid
Submittal. The detailed construction schedule includes project phasing, bid item installation sequencing with
durations, and identifies and accounts for operational impacts.
9. BIDDING PHASE SERVICES
9.1. Pre -Bid Meeting
The Consultant will prepare, in coordination with AFW, a pre -bid meeting agenda to provide prospective bidders with
an overview of the Project. The Consultant will facilitate and attend the pre -bid meeting.
9.2. Prepare Addenda
The Consultant will prepare addenda to the bid documents as required. This may include revised plans,
sketches/details, revisions to the specifications, and/or responses to contractor questions.
9.3. Evaluate Bids
The Consultant will attend the bid opening meeting and will prepare a bid tabulation of all bids received. The
Consultant will verify mathematical accuracy and check for unbalanced bid items. Based upon the CFW's
Attachment A Design of Joint Reseal & Pavement Repair Phase 11
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determination of a responsive bidder, the Consultant will prepare a letter stating Engineer's Recommendation of
Award of the Project.
PERIOD OF PERFORMANCE
Work required in this Scope of Services will begin upon The Consultant' receipt of an executed contract and will be
completed as outlined in Attachment C.
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
The following assumptions were made in the development of this Scope of Work:
• All field work will be performed during normal working, daytime hours.
• AFW Operations will facilitate all required runway and taxiway closures.
• AFW Operations will provide escort during airfield site investigation.
The following services are excluded from this Scope of Work and will be performed as an additional service, if required
for the project:
• Pavement Condition Index (PCI) assessment, evaluation, and/or reports.
• Physical tests and material analysis.
• Airfield electrical design (lights or signs).
• Topographic surveying.
• Geotechnical investigation and/or reports.
• Environmental studies and reports, including application for Categorical Exclusion, Environmental
Assessments, or Impact Statements.
• AFW Operations will perform all Safety Risk Management Tasks and Coordination.
• Construction Management Plan.
• Services during construction.
AttachmentA Design of Joint Reseal & Pavement Repair Phase 11
Jacobs Engineering Group Inc. Page 6 of 6 Proposal
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Attachment E
Federal Contract Provisions
Pagel of 20
FCP-1 ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the
Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers and records of the Contractor
which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts
and transcriptions. The Contractor agrees to maintain all books, records and reports required under this
contract for a period of not less than three years after final payment is made and all pending matters are
closed.
FCP-2 BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor 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 Contractor written notice that describes the nature of the breach and corrective actions
the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to
withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to
terminate the contract. The Owner's notice will identify a specific date by which the Contractor must correct
the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach
by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
FCP-3 GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act
of 1964.
FCP-4 CIVIL RIGHTS — TITLE VI ASSURANCES
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
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, or national origin in the selection
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No.106867
Revised January 26, 2026
Federal Contract Provisions
Page 2 of 20
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.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the sponsor or
the Federal Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the Contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the sponsor to enter into any litigation to protect the interests of the
sponsor. In addition, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No.106867
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Federal Contract Provisions
Page 3 of 20
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC
§ 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC §§ 12131 — 12189) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures nondiscrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC 1681 et seq).
FCP-5 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC § 740-7671 q) and the Federal Water Pollution Control Act as amended (33 USC §
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
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1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
FCP-6 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic,
including watchmen and guards, in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in
the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
FCP-7 COPELAND "ANTI -KICKBACK" ACT
Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 USC 874 and 40
USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and
subcontractors are prohibited from inducing, by any means, any person employed on the project to give up
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
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any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor
must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered
work during the prior week. Owner must report any violations of the Act to the Federal Aviation
Administration.
FCP-8 DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for the time actually
worked therein: Provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
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Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of
work, all or part of the wages required by the contract, the Federal Aviation Administration may, after
written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work. Such records shall contain the name, address, and social security number of each such
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worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing
such benefits. Contractors employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as
the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.
the last four digits of the employee's social security number). The required weekly payroll information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at www.dol.govfwhdfformsfwh347instr.htm or its successor site. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full social security number and current address of each covered
worker and shall provide them upon request to the Federal Aviation Administration if the agency is a
parry to the contract, but if the agency is not such a parry, the Contractor will submit them to the applicant,
sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the
Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation
or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the sponsoring government agency (or the
applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR §
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such
information is correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations 29 CFR Part 3;
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(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil
or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States
Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal
Aviation Administration, or the Department of Labor and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor,
applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
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determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination that provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference
in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination
of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
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All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and
5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
FCP-9 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 Offeror/Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a
higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the
FAA may pursue any available remedies, including suspension and debarment of the non -compliant
participant.
FCP-10 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety
policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving
when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project.
The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 that
involve driving a motor vehicle in performance of work activities associated with the project.
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FCP-11 ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 USC 620let seq).
FCP-12 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
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each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
FCP-13 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
"Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable goals
for minority and female participation and which is set forth in the solicitations from which this
contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an association,
its affirmative action obligations on all work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance with the provisions
of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan
is individually required to comply with its obligations under the EEO clause and to make a good
faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's failure to take good
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faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs
7a through 7p of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction
contractors performing construction work in a geographical area where they do not have a Federal
or federally assisted construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are published periodically
in the Federal Register in notice form, and such notices may be obtained from any Office of
Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with
whom the Contractor has a collective bargaining agreement to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or
the regulations promulgated pursuant thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees shall be employed by the Contractor during the training
period and the Contractor shall have made a commitment to employ the apprentices and trainees
at the completion of their training, subject to the availability of employment opportunities.
Trainees shall be trained pursuant to training programs approved by the U.S. Department of
Labor.
The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion
at all sites, and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such
a working environment, with specific attention to minority or female individuals working at
such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off -the -street applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not referred
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back to the Contractor by the union or, if referred, not employed by the Contractor, this shall
be documented in the file with the reason therefore along with whatever additional actions
the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the Contractor has a collective bargaining agreement has not referred to the Contractor a
minority person or female sent by the Contractor, or when the Contractor has other
information that the union referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment,
layoff, termination, or other employment decisions, including specific review of these items,
with onsite supervisory personnel such superintendents, general foremen, etc., prior to the
initiation of construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter discussed
and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the Contractor's EEO policy with other contractors and
subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No.106867
Revised January 26, 2026
Federal Contract Provisions
Page 15 of 20
under 41 CFR part 60-3.
1. Conduct at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to prepare
for, through appropriate training, etc., such opportunities.
in. Ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations
under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate or
single user toilet and necessary changing facilities shall be provided to assure privacy between
the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under
the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one
or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor union, contractor community, or other similar groups of which the
Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both minority
and non -minority. Consequently, if the particular group is employed in a substantially disparate
manner (for example, even though the Contractor has achieved its goals for women generally),
the Contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications
and of the Equal Opportunity Clause, including suspension, termination, and cancellation of
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No.106867
Revised January 26, 2026
Federal Contract Provisions
Page 16 of 20
existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with
41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity
to ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government, and to keep records. Records shall at
least include for each employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race,
sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g. those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program).
FCP-14 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.
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No. 106867
Revised January 26, 2026
Federal Contract Provisions
Page 17 of 20
(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-15 PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity
clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, sex, or national origin because of written or oral
policies or employee custom. The term does not include separate or single -user rest rooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Employment Opportunity clause of this contract.
FCP-16 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a
work environment that is free from recognized hazards that may cause death or serious physical harm to
the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor — Occupational Safety and Health Administration.
FCP-17 PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use products containing the highest percentage of recovered materials for items designated by the
Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No. 106867
Revised January 26, 2026
Federal Contract Provisions
Page 18 of 20
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the
previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smm/comprehensive-procurement-
guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if
the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
FCP-18 CERTIFICATION OF OFFERORBIDDER REGARDING TAX DELINQUENCY
AND FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark (7) in the
space following the applicable response. The applicant agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is (❑ ) is not ( IN ) 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 applicant represents that it is( 0 ) is not (19) is not a corporation that was convicted of a criminal
violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant 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 applicant 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.
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No. 106867
Revised January 26, 2026
Federal Contract Provisions
Page 19 of 20
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
FCP-19 TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT
CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the
Contractor. Such action may be without cause and without prejudice to any other right or remedy of
Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the
Contractor shall immediately proceed with the following obligations regardless of any delay in
determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed
work, supplies, equipment and materials acquired prior to termination of the work, and as directed in
the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract
that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the
effective date of termination;
2) documented expenses sustained prior to the effective date of termination in performing work and
furnishing labor, materials, or equipment as required by the contract documents in connection with
uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of tenninated contracts
with Subcontractors and Suppliers; and
4) reasonable and substantiated expenses to the Contractor directly attributable to Owner's termination
action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out
of or resulting from the Owner's termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by
law or under this contract.
FCP-20 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
CITY OF FORT WORTH AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No. 106867
Revised January 26, 2026
Federal Contract Provisions
Page 20 of 20
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 AFW Joint Reseal & Pavement Repair Phase H Design
Federal Contract Provisions City Project No. 106867
Revised January 26, 2026
ATTACHMENT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
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
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against 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 Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
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 Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against 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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its 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 City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured 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 coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
FORT WORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: AFW Joint Reseal & Pavement Repair— Phase II Design Agreement
M&C CPN 106867 CSO #
DOC#
DATE: 6/12/2026
INITIALS
DATE OUT
TO:
06/12/2026
1. Roger Venables
R g rVenables
06/12/2026
2. Candace Pa tiara
CP
W
06/12/2026
3. Valerie Washington
VW
06/12/2026
4. Jannette Goodall
J nette Goodall
5.
6.
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
ROUTING TO CSO: ❑X Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
NEXT DAY: ❑ Yes ❑ No
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Jacobs Engineering Group
Subject of the Agreement: An agreement with Jacobs for design and bidding support services for
Phase II of the Joint Reseal & Pavement Repair project at Perot Field Fort Worth Alliance Airport.
M&C Approved by the Council? * Yes ❑ No 8
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 9 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ® If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Date of agreement execution
If different from the approval date.
Expiration Date: N/A
If applicable.
Is a 1295 Form required? * Yes ❑ No M
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 106867
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.