request for qualifications (rfq) for...

REQUEST FOR QUALIFICATIONS (RFQ) FOR

ENGINEERING SERVICES FOR

DALLAS LOVE FIELD

AIRFIELD MISCELLANEOUS DRAINAGE IMPROVEMENTS City of Dallas

Public Works Department

SECTION 1 - GENERAL INFORMATION

The City of Dallas, represented by the Public Works Department, is soliciting Statements of Qualification for Engineering Services for Airfield Miscellaneous Drainage Improvements Project at Dallas Love Field.

SECTION 2 - THE PROJECT

The Airfield Miscellaneous Drainage Improvements Project consists of several areas on the airfield that demonstrate problematic flooding and ponding issues during heavy rain events at Dallas Love Field. The City is seeking qualified firms to provide Professional Services to provide engineering design and bidding services to provide engineering design of various drainage improvements including, but not limited to, those identified in the most recent FAA certification inspection in 2014. See Attachment E for additional details.

SECTION 3 - SCOPE OF SERVICES The professional services for this project will include the basic and special services necessary to satisfactorily complete the requirements of the project scope. The City’s “Engineering Consultant Contract” form is attached to this RFQ and any contract resulting from this solicitation will utilize this Contract Form. The Consultant will be a member of a team composed of:

Owner: City of Dallas, acting through the Public Works Department Client represented by the City of Dallas Department of Aviation Other groups or individuals appropriate to the current phase of work in the

opinion of the team as determined by the City of Dallas The Airfield Miscellaneous Drainage Improvements Project consists evaluation, engineering design, bidding, and construction management and construction observation services. Refer to the latest edition of AC 150/5100-14 for general

Request for Qualifications Airfield Schematic Drainage Design For Dallas Love Field

engineering services anticipated for this contract. SECTION 4 - SELECTION PROCESS This Request for Qualifications (RFQ) is the first step in a two-step process for selecting a Firm to provide Professional Services for the Airfield Schematic Drainage Design Project. The RFQ provides information necessary to prepare and submit a Statement of Qualifications for consideration and ranking by the Owner. Based on the evaluation criteria established for the project, each properly submitted Statement of Qualifications will be reviewed, evaluated and ranked by the Owner. Based on this ranking, the Owner will select the appropriate number of top ranked firms to respond to a separate Request for Proposals in the second step of the process. In the second step of the process, Request for Proposals (RFP), respondents will be asked to submit additional information, including project specific items for clarification and amplification of their Statement of Qualifications. The Owner may interview the respondents and will rank the firms in order of preference. The highest ranked firm will be asked to submit a fee proposal to begin contract negotiations. Acceptance of evaluation methodology: By submitting their Statement of Qualifications in response to this RFQ, respondent accepts the evaluation process as outlined in Section 4 and acknowledges and accepts that determination of the most qualified firm(s) offering the best value to the City may require subjective judgments by the Owner. Public information: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act after the solicitation is completed and contract executed with selected firm. Joint Ventures: Firms associating with other firms in order to bring specific expertise and experience to the project are encouraged. If you consider submitting as a joint venture, you must have a history of project completions as a Joint Venture entity. SECTION 5 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS Respondents shall carefully read the information in the following evaluation criteria and submit a complete Statement of Qualifications to all questions in this section formatted as directed in the section titled Format for Statement of Qualifications. Interested firms shall provide the following information: Contact Sheet: Provide the following information:

Legal name of Firm Date of firm formation Date of opening primary home office, and, if applicable, any branch and local

offices


Contact Person with phone number, fax number and e-mail address Alternate Contact Person with phone number, fax number and e-mail address Current address of office(s) Identify office that will be providing services

5.1 Qualifications & Experience. (25 Points)

Recent experience in airport projects comparable to the proposed task. Quality of projects previously undertaken by the team. Qualifications and experience of sub-consultants on the team.

5.2 Key Personnel. (30 Points)

Professional qualifications and experience of key personnel including their knowledge of FAA regulations, policies, and procedures.

Reputation of key personnel for professional integrity and competence. Availability of key personnel for the proposed project including the availability

of qualified inspectors for construction inspection. 5.3 Understanding and Approach. (15 Points)

Demonstrated understanding of the project’s challenges. Degree of interest shown in undertaking the project. Familiarity with the Airport procedures and requirements. Previous comparable on-site experience.

5.4 Schedules & Budgets. (15 Points)

Demonstrated ability to meet schedules and deadlines. Demonstrated ability to adhere to established budgets Current workload and staff availability. Demonstrated ability to successfully complete projects

5.5 Past performance and history of complying with DBE goals.(15 points)

Submission of an Affirmative Action Plan and/or Policy. If your company does not have an Affirmative Action Plan the Business Inclusion and Development Staff can provide the Affirmative Action Requirements (BDPS-PRO-204) which can serve as a template to be utilized for this criterion (1point)

Submission of an Affirmative Action Plan The Ethnic Workforce Composition Report (AVI-FRM-204).(1 point)

Submission of documentation showing the RFP/RFQ Contractor’s Affidavit History of DBE Utilization Form (BDPS -FRM-205) on previous contracts on the form provided. (4 points)

Firm (s) Team make-up includes a significant number of diverse DBE firms in meaningful roles on the project. Please submit the RFP/RFQ Contractor’s Affidavit Type of Work by Prime and Sub-consultant Form (BDPS-FRM-206).(7 points)


o The name, address and telephone number of each DBE; (b) the description of the work to be performed by each DBE; and (c) the approximate dollar amount/percentage of the participation.

Evidence of acknowledgement of the City’s Business Inclusion and Development (BID) Plan, signed Business Inclusion and Development Affidavit (AVI-FRM-203) that demonstrates intent to comply with the policy and evidence of DBE inclusion to meet the BID goal for the project. (2 points)

SECTION 6–FORMAT FOR STATEMENT OF QUALIFICATIONS Qualifications shall be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to meet the requirements of this Request for Qualifications. Emphasis shall be on quality, completeness, clarity of content, and responsiveness to the requirements.

Each statement of qualifications shall be contained in one three-ring binder with a maximum size of two inches in diameter.

Binder cover shall identify the name of project and the name of respondent the Statement of Qualifications is being submitted for.

Each Statement of Qualifications shall have a cover letter as the first page of the RFQ binder contents. This cover letter shall clearly identify the name of the project, name of respondent and signed by an authorized officer of the company presenting the qualifications.

Table of contents

Separate and identify each criteria response in Section 5 and any additional information sections of this document by use of divider sheets with an integral tab for ready reference.

Vertical format on 8½” x 11” paper

Submit five (5) identical copies of each Statement of Qualifications and one (1) USB Flash Drives each containing the document in a single Adobe PDF file.

Qualifications and any other information submitted in response to this Request for Qualifications shall become the property of the City. SECTION 7 - CITY OF DALLAS DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM POLICY Airport related Construction and Professional Service procurement contracts awarded by the City of Dallas are not subject to the requirements of the City’s DBE Program, but instead are governed by the requirements of the US Department of Transportation (DOT) Federal Aviation Administration’s (FAA) Disadvantaged Business Enterprises (DBE) Regulation, 49 CFR Part 26 (“Part 26”). To be eligible for the award of a construction or professional services contract, a proposer or bidder must either be able to meet the established annual DBE goal (for the current period through September 30, 2016 is 20.75%) or document a good faith effort


to meet the goal. Upon award, the prime contractor must agree that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any agreement, management contract, or subcontract, purchase or lease agreement, covered by 49 CFR Part 26. Further, the prime contractor agrees to include the following statement in any subsequent agreement, contract or subcontract covered by 49 CFR Part 26, that it enters into and cause those businesses to similarly include the following statement in further agreements, contracts or subcontracts:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

The prime contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. All proposers, potential contractors, or subcontractors for DOT-assisted contracts are hereby notified that failure to carry out this DOT policy and the DBE obligation shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the recipient and the FAA.

As a condition of the bid submission, the Bidder/Proposer must provide one of the following:

A. Documentation that it has obtained enough DBE participation to meet the goal; or B. Documentation that it made adequate good faith efforts to meet the goal, even

though it did not succeed in obtaining enough DBE participation to do so. Fully executed documentation in final form must be submitted prior to contract award. Please refer to the AC/DBE Good Faith Effort Documentation Packet for copies of the forms required for proposal/bid submission.

For general information concerning the City’s DBE program and DBE certification, contact the Purchasing Dept. of the City of Dallas, 1500 Marilla St., Room 3FN, Dallas, TX 75201, 214/671-9814 – Direct, 214/670-4793 – Fax. The list of certified DBE firms can be accessed via the Texas Unified Certification Process website at www.dot.state.tx.us/business/tucp.htm.

SECTION 8– SCHEDULE OF SELECTION PROCESS

RFQ Advertised ..................................................................................December 3, 2015 Pre-Submittal Meeting ..............................................................................January 6, 2016 Statement of Qualifications due .............................................................January 22, 2016 Notify & e-mail “RFP” to short listed firms ............................................. February 5, 2016 Proposals due to Public Works ............................................................ February 19, 2016 Interview ................................................................................. Week of February 22, 2016


Agenda date for City Council award of contract ............................................... May 2016

SECTION 9 - DUE DATE & CONTACT

Statements of Qualifications shall be submitted to the Office of the Purchasing Agent, Dallas City Hall, 1500 Marilla St., Room 3FN, Dallas, Texas 75201by the time and date identified in the Advertisement for Request for Qualifications.

Follow the instructions in the Official Advertisement and City of Dallas website, https://bids.dallascityhall.com/webapp/VSSPROD/Advantage from which the RFQ Packet is downloaded.

Public Works Department can be contacted for additional assistance by contacting Ms. Lisa Allen-Kinner via email at [email protected] by phone at (214) 948- 4601.

SECTION 10– ATTACHMENTS

Attachment “A” - City of Dallas “Consultant” Contract Form Attachment “B” - Disclosure of Conflict Statement Attachment “C” - DBE Forms Attachment “D” - Insurance Requirements Attachment “E” - Project Description and Exhibit

-END-

Attachment “A”

City of Dallas “Consultant” Contract Form

Company Name ENGINEERING SERVICES CONTRACT [Rev. 10-16-96] [Latest Rev. 12-4-12]

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STATE OF TEXAS § § COUNTY OF DALLAS § ENGINEERING SERVICES CONTRACT

________________________________

THIS CONTRACT, by and between the CITY OF DALLAS, a municipal corporation, located in Dallas County, Texas, hereinafter called “City” and _______________________________________, a corporation organized and existing under the law of the State of Texas, hereinafter called “Engineer”, evidences the following: WHEREAS, City desires the professional engineering services of Engineer, for___________________________________________________________________________ ______________________________________________________________________________ in the City and County of Dallas, Texas, hereinafter called “Project”, and WHEREAS, Engineer is qualified and capable of performing the professional engineering services proposed herein for this Project and is willing to enter into this Contract with City to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agree as follows: 1. EMPLOYMENT OF THE ENGINEER Engineer agrees to perform professional engineering services in connection with the Project as set forth in the following sections of this Contract and City agrees to pay, and Engineer agrees to accept, fees as set forth in the following sections as full and final compensation for all services provided under this Contract. 2. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of City by its Director of ____________________, or his designated representatives (hereinafter called “Director”); and on behalf of Engineer by its duly authorized officials. 3. ENGINEER’S SERVICES A. Engineer agrees to perform services for the Project in accordance with the Scope of Work contained in Exhibit A, attached to and made a part of this Contract.


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B. The fixed limit of the total construction budget for the Project is $________. This amount is established as a condition of this Contract, and shall provide the basis for Engineer's design decisions. Engineer, in consultation with City, shall determine what materials, equipment, component systems and types of construction are to be included in the plans and specifications, and will make reasonable adjustments in the scope of the Project to bring it within the total construction budget. With the prior approval of City, Engineer may also include in the plans and specifications alternate bids to adjust the construction cost to the total construction budget. If the lowest responsible bid is within the fixed limit of the total construction budget for the Project, or the Engineer’s latest detailed estimate of probable construction cost is still less than the fixed limit of the total construction budget, established as a condition of this Contract, City shall pay the Engineer the fees for basic services in accordance with this Contract. C. If the lowest responsible bid exceeds its portion of the fixed limit of the total construction budget for the Project, and as a result thereof, or for other reasons, the latest estimate of probable construction cost exceeds the fixed limit of the total construction budget for the Project, established as a condition of this Contract, City at its option may either: (1) give written approval of an increase in the fixed limit, with no obligation to increase Engineer's fee, (2) authorize rebidding within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to reduce the probable construction cost to the fixed limit of the total construction budget. In the case of (3), Engineer, without additional charge, shall immediately modify the plans and specifications as necessary to bring the Project cost within the total construction budget, or within any higher fixed limit subsequently authorized by City. The providing of this service shall be the limit of Engineer's responsibility in this regard, and having done so, Engineer shall be entitled to its fees in accordance with this Contract. 4. PAYMENT FOR SERVICES A. Total payment for services described in Paragraph 3 for the Project shall be a lump sum not to exceed $_____________. B. Engineer shall submit monthly statements for services rendered, based upon percentage of completion of the work. City shall make prompt monthly payments in the amount shown by the Engineer’s approved monthly statements and other documentation submitted. No interest shall ever be due on late payments caused by any good faith claim or dispute in connection with this Contract or that City has a right or obligation to withhold under this Contract or state law. Progress payments under this Contract for the work shall be up to but shall not exceed 95% of the total amount stated in Paragraph 4.A. Within thirty (30) days after final completion and acceptance by the Director of all Engineer’s services under this Contract, final payment of the balance shall be made.


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C. Nothing contained in this section shall require City to pay for any work which is unsatisfactory as determined by the Director, or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Engineer when the Engineer is in default under this Contract, nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if the Engineer is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. 5. OFFSET City may, at its option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due to City from Engineer, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 6. OWNERSHIP OF DOCUMENTS All information and other data given to, prepared, or assembled by Engineer under this Contract, and other related items, shall become the sole property of City and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all documents and items for its files and use. Engineer shall have no liability for changes made to or use of the drawings, specifications, and other documents by City or by other engineers subsequent to the completion of the Project. City shall require that any such change or other use shall be sealed by the Engineer making that change or use and shall be appropriately marked to reflect what was changed or modified. By execution of this Contract and in consideration of the fee for services to be paid under the Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the project designs and other project deliverables developed under this Contract. 7. COMPLIANCE WITH ARCHITECTURAL BARRIERS ACT If the construction budget for the pedestrian elements of this Project is $50,000 or greater, Engineer shall submit copies of all design development documents to the Texas Department of Licensing and Regulation in Austin, Texas for approval prior to their submission to City. 8. SERVICES BY CITY City shall provide the following services under this Contract: A. Provide available criteria and information to the Engineer as to City’s requirements for the Project.


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B. Provide sample drawings to use as guidelines. C. Provide all available drawings, maps, and notes relating to the existing facilities within the limits of the Project. 9. COMPLETION SCHEDULE The provisions of this Paragraph have been agreed to in anticipation of the orderly and continuous progress of the Project. Time is of the essence under this Contract. However, neither Engineer nor City shall be held responsible for delays caused by circumstances beyond their respective control. In such event, notice of delay must be timely given and reasonable efforts undertaken to mitigate effects. A submission that falls due on Saturday, Sunday or official City holiday shall become due on the next City working day. The services furnished by Engineer under this Contract will be completed in accordance with the schedule described in Exhibit B, attached to and made a part of this Contract, unless an extension of time, based upon good reasons presented by Engineer, is approved by the Director. 10. COMMENCEMENT OF SERVICES No work shall be done under this Contract until the Engineer is instructed in writing to proceed. 11. TERMINATION OF CONTRACT The Director may indefinitely suspend further work under this Contract, or may terminate this Contract or any phase of this Contract for cause or convenience of the City, upon thirty (30) days prior written notice to Engineer with the understanding that upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, Engineer shall invoice City for all work accomplished by him prior to the date of termination. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of City upon termination of the Contract, and shall be promptly delivered to City in a reasonably organized form without restriction on future use except as stated in Paragraph 6. Should City subsequently contract with a new engineer for continuation of services on the Project, Engineer shall cooperate in providing information. 12. RESPONSIBILITY FOR CLAIMS AND LIABILITIES


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Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its officers, agents, employees, associates, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in the design, or other work prepared by Engineer, its officers, agents, employees, associates, and subconsultants. 13. EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION A. Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, gender, ancestry, national origin, military or veteran status, sexual orientation, disability unrelated to job performance or place of birth. Engineer shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, gender, ancestry, national origin, military or veteran status, sexual orientation, disability unrelated to job performance, or place of birth. This 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 of training, including apprenticeship. Engineer shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. Engineer agrees to post in conspicuous places, available to employees and applicants, notices to be provided by City setting forth the provisions of this non-discrimination clause. B. Engineer shall, in all solicitations or advertisements for employees placed by or on behalf of Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, ancestry, national origin, military or veteran status, sexual orientation, disability unrelated to job performance, or place of birth. C. Engineer shall furnish all information and reports required by the City Manager or his designee and shall permit the City Manager or his designee to investigate his payrolls and personnel records which pertain to current professional services contracts with City for purposes of ascertaining compliance with this equal employment opportunity clause. D. Engineer shall file compliance reports with City as may be required by the City Manager or his designee. Compliance reports must be filed within the time, must contain information as to the employment practices, policies, programs, and statistics of Engineer, and must be in the form that the City Manager or his designee prescribes. E. If Engineer fails to comply with the equal employment opportunity provisions of this Contract, it is agreed that City at its option may do either or both of the following: (1) Cancel, terminate or suspend this Contract in whole or in part;


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(2) Declare Engineer ineligible for further City contracts until he is determined to be in compliance. 14. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument, and only as approved by resolution of the City Council or, where applicable, by duly authorized administrative action signed by the City Manager and approved as to form by the City Attorney. 15. MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION Engineer will be required to complete the schedule of M/WBE participation under City’s Business Inclusion and Development Plan dated October 22, 2008 in accordance with the forms provided in Exhibit C, which exhibit is attached to and made a part of this Contract. 16. COMPLIANCE WITH LAWS AND REGULATIONS This Contract is entered into, subject to and controlled by the Charter and ordinances of the City of Dallas, as amended, and all applicable laws, rules, and regulations of the State of Texas and the Government of the United States of America. Engineer shall, during the course of performance of this Contract, comply with all applicable City codes and ordinances, as amended, all applicable State and Federal laws, as amended, and with all applicable rules and regulations promulgated by all local, State, and national boards, bureaus, and agencies. 17. RIGHT OF REVIEW AND AUDIT Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. City is granted the right to audit, at City’s election, all of Engineer’s records and billings related to performance of this Contract. Engineer agrees to retain such records for a minimum of three (3) years following completion of this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance of this Contract shall be subject to City’s rights as may be disclosed by an audit under this section. 18. CONFLICT OF INTEREST The following section of the Charter of the City of Dallas shall be one of the conditions of, and a part of the consideration of this Contract, to wit: “CHAPTER XXII. Sec. 11. FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED -- No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or


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employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit the officer’s or employee’s office or position with the City. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council. The alleged violations of this section shall be matters to be determined either by the Trial Board in the case of employees who have the right to appeal to the Trial Board, and by the City Council in the case of other employees. The prohibitions of this section shall not apply to the participation by City employees in federally-funded housing programs, to the extent permitted by applicable federal or state law.” 19. GIFT TO PUBLIC SERVANT City may terminate this Contract immediately if Engineer has offered, or agreed to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting.

For purposes of this Paragraph, “benefit” means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. Notwithstanding any other legal remedies, City may require Engineer to remove any employee of Engineer from the Project who has violated the restrictions of this section or any similar state or federal law, and obtain reimbursement for any expenditures made as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. 20. NOTICE OF CONTRACT CLAIM This Contract is subject to the provisions of Section 2-86 of the Dallas City Code, as amended, relating to requirements for filing a notice of a breach of contract claim against City. Section 2-86 of the Dallas City Code, as amended, is expressly incorporated by reference and made a part of this Contract as if written word for word in this Contract. Engineer is expected to fully comply with the requirements of this ordinance as a precondition of any claim relating to this Contract, in addition to all other requirements in this Contract related to claims and notice of claims. 21. ASSIGNMENT This Contract provides for unique professional services. Engineer, therefore, shall not assign this Contract, in whole or in part, without the prior written consent of City, acting through the Director.


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22. NOTICES Except as otherwise provided in Section 20, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of five days mailing. If intended for City, to: If Intended for Engineer, to: _____________________ _________________________ _____________________ _________________________ _____________________ _________________________ _____________________ _________________________ _____________________ _________________________ 23. INDEPENDENT CONTRACTOR In performing services under this Contract, the relationship between City and Engineer is that of independent contractor, and Engineer and City by the execution of this Contract do not change the independent status of Engineer. Engineer shall exercise independent judgment in performing duties under this Contract and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of this Contract or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent, servant or employee of City, or making Engineer or any of its employees eligible for the fringe benefits, such as retirement, insurance and worker’s compensation, which City provides its employees. 24. INDEMNITY Engineer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Engineer’s breach of any of the terms or provisions of this Contract, or by any negligent act or omission of Engineer, its officers, agents, associates, employees or subconsultants, in the performance of this Contract; except that the indemnity provided for in this Paragraph shall not apply to any liability resulting from the sole negligence or


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fault of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Engineer and City, responsibility and indemnity, if any, shall be apportioned in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this Paragraph are solely for the benefit of the parties to this Contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 25. PATENT AND COPYRIGHT INDEMNITY A. Engineer agrees to completely defend and indemnify City, its officers, agents and employees, against a claim that any of the designs, plans or specifications prepared by Engineer, its employees, associates or subconsultants, pursuant to this Contract infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of whether or not City is proven to have actively induced or contributed to the infringement. Engineer will pay any and all resulting costs, damages and attorney's fees finally awarded, provided that: (1) City promptly notifies Engineer in writing of the claim; and (2) Engineer has sole control of the defense and all related settlement negotiations. B. If Engineer defends City against such claims, the City Attorney of City shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Engineer on City's behalf. C. Engineer's defense and indemnification under this Section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Engineer's opinion are likely to become, the subject of such a claim, City will permit Engineer, at Engineer’s option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non-infringing; and if neither of the foregoing alternatives is available on terms which are reasonable in Engineer's judgment, City, to the extent City is legally able to do so, will cease using the designs, plans or specifications on written request of Engineer, in which instance City has the sole option to either require Engineer to perform new design work at Engineer’s sole expense, or to terminate this Contract. D. Engineer has no liability under this Section for any claim of infringement based upon the modification or alteration of the designs, plans or specifications prepared under this Contract subsequent to the Project by City, or by any engineering consultant subsequently employed by City.


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E. The foregoing states the entire obligation of Engineer with respect to infringement of patents and copyrights. 26. INSURANCE A. Engineer shall procure, pay for, and maintain during the term of this Contract, with a company authorized to do business in the State of Texas and otherwise acceptable to City, the minimum insurance coverage contained in Exhibit D, attached to and made a part of this Contract. B. Approval, disapproval or failure to act by City regarding any insurance supplied by Engineer or its subconsultants shall not relieve Engineer of full responsibility or liability for damages, errors, omissions or accidents as set forth in this Contract. The bankruptcy or insolvency of Engineer’s insurer or any denial of liability by Engineer’s insurer shall not exonerate Engineer from the liability or responsibility of Engineer set forth in this Contract. 27. VENUE The obligations of the parties to this Contract shall be performable in Dallas County, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas. 28. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. 29. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 30. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Contract to be executed.


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31. PUBLISHED MATERIAL Engineer agrees that the Director shall review and approve any written material about City projects or activities prior to being published by Engineer. 32. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 33. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties and their respective successors and, except as otherwise provided in this Contract, their assigns. 34. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS This Contract (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both parties. EXECUTED this the ___ day of _________, 20__, by City, signing by and through its City Manager, duly authorized to execute same by Resolution No. 13-________, adopted by the City Council on __________, 20__, and by ENGINEER, acting through its duly authorized officials. APPROVED AS TO FORM: CITY OF DALLAS THOMAS P. PERKINS, JR. MARY K. SUHM City Attorney City Manager


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BY__________________________ BY___________________________ Assistant City Attorney Assistant City Manager ATTEST: ENGINEER: XXX, a ______ corporation BY_____________________________ BY___________________________ Engineer's Corporate Secretary President

Attachment “B”

Disclosure of Conflict Statement


Attachment “C”

DBE Forms

City of Dallas Disadvantaged Business Enterprises (DBE) Program Policy

Airport related Construction and Professional Service procurement contracts awarded by the City of Dallas are not subject to the requirements of the City’s M/WBE Program, but instead are governed by the requirements of the US Department of Transportation (DOT) Federal Aviation Administration’s (FAA) Disadvantaged Business Enterprises (DBE) Regulation, 49 CFR Part 26 (“Part 26”).

To be eligible for the award of a construction or professional services contract, a proposer or bidder must either be able to meet the established annual DBE goal (for the current period through September 30, 2016 is 20.75%) or document a good faith effort to meet the goal. Upon award, the prime contractor must agree that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any agreement, management contract, or subcontract, purchase or lease agreement, covered by 49 CFR Part 26. Further, the prime contractor agrees to include the following statement in any subsequent agreement, contract or subcontract covered by 49 CFR Part 26, that it enters into and cause those businesses to similarly include the following statement in further agreements, contracts or subcontracts:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

The prime contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. All proposers, potential contractors, or subcontractors for DOT-assisted contracts are hereby notified that failure to carry out this DOT policy and the DBE obligation shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the recipient and the FAA.

As a condition of the bid submission, the Bidder/Proposer must provide one of the following:

A) Documentation that it has obtained enough DBE participation to meet the goal; or

B) Documentation that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so.

Fully executed documentation in final form must be submitted prior to contract award. Please refer to the AC/DBE Good Faith Effort Documentation Packet for copies of the forms required for proposal/bid submission.

For general information concerning the City’s DBE program and DBE certification, contact the Purchasing Dept. of the City of Dallas, 1500 Marilla St., Room 3FN, Dallas, TX 75201, 214/671-9814 – Direct, 214/670-4793 – Fax. The list of certified DBE firms can be accessed via the Texas Unified Certification Process website at www.dot.state.tx.us/business/tucp.htm.

AC/DBE Good Faith Effort (GFE) Program Documentation

Eligibility for contract award is demonstrated by submission of the appropriate documents by the successful bidder/proposer within the timeframe allotted. The forms listed in this section are for the bidder’s/proposer’s use in documenting good faith effort. The apparent low bidder/most advantageous proposer has up to five (5) business days to submit a completed GFE Documentation Packet to the Public Works/Purchasing Department and the Department of Aviation (AVI) after AVI has issued notification of intent to award the contract and must be submitted prior to award by City Council. Electronic versions of these forms will be made available upon request.

The following is a list of the forms included in this packet:

1. Form 203A - AVI Disadvantaged Business Enterprises (DBE) Affidavit: This form is to be turned in with the bid packet or proposal package and certifies that the bidder/proposer agrees to comply with the City’s AC/DBE Program.

2. Form 204A - Workforce Ethnic Composition Report: This form is to be turned in with the SOW and

provides information on the ethnic and gender composition of the bidder/proposer‘s workforce. 3. Form 213A – Pre-Award Schedule of Work (SOW) and Sub-Contractor/Supplier Participation Form:

This form is to be completed and submitted by the bidder/proposer who WILL meet the AC/DBE goal on the contract. This form is to be submitted within five (5) business days of the notice of intent to award and lists all sub-contractors, suppliers or service providers participating with the bidder/proposer on the anticipated contract. This form is to be used in conjunction with Form 214A. Post contract award, the Prime Contractor is required to submit Form 213B – SOW and Actual Payments Form on a monthly basis to document actual payments made to all contract participants for the duration of the contract.

4. Form 214A - AC/DBE Sub-Contractor/Supplier Intent Form: This form is to be completed by the

apparent low bidder/most advantageous proposer for each AC/DBE subcontractor, supplier or service provider participating on the anticipated contract to affirm their intent to participate. A separate form is to be submitted for each DBE subcontractor, supplier or service provider listed on the Schedule of Work and Sub-Contractor/Supplier Form (Form 213A). All certified AC/DBE primes, subcontractors, suppliers and service providers are required to maintain a current/valid certification for the entire duration of the contract.

5. Form 205A – RFP/RFQ Contractor’s Affidavit of DBE Historical Utilization: This form is used to document the bidder’s historical DBE utilization on prior projects.

6. Form 213B – Schedule or Work and Actual Payments Form – Post contract award, the Prime Contractor is required to submit Form 213B – SOW and Actual Payments Form on a monthly basis to document actual payments made to all contract participants for the duration of the contract. 7. Form 216A – Change of DBE Subcontractor/Supplier Form: This form is to be completed post-award by prime contractors to document subcontractor, supplier, or service provider changes during the term of the contract. This form must be approved by the City of Dallas Project Manager and the Department of Aviation prior to execution of any changes.

Meeting Goals and Documenting Good Faith Efforts: Pre- & Post-Award Documentation GFE Documents To Be Submitted With The Bid

All bid and proposal package submissions must include the documents listed below. The DBE Affidavit confirms the bidder/proposer’s intent to comply with the City of Dallas’ AC/DBE Good Faith Effort Program. The Workforce Ethnic Composition Form provides information on the composition of the bidder’s own workforce. No other GFE documentation will be required at time of bid/proposal submission. DBE Affidavit Form 203A Workforce Ethnic Composition Report Form 204A

Pre-Contract Award DBE Documentation

Prime contractors who will meet or exceed the AC/DBE goal must submit the following forms within five (5) days of the notice of intent to award: Pre-Award Schedule of Work (SOW) and Sub-Contractor/Supplier Participation Form 213A AC/DBE Sub-Contractor/Supplier Intent Form 214A – One (1) For Each Sub Listed on the SOW

Prime contractors who will not meet the AC/DBE goal must submit the following forms within five (5) days of the notice of intent to award: Pre-Award Schedule of Work (SOW) and Sub-Contractor/Supplier Participation Form 213A AC/DBE Sub-Contractor/Supplier Intent Form 214A – One (1) For Each Sub Listed on the SOW Documentation of GFE Sufficiency - Business Inclusion Form 215A

Post-Contract Award DBE Documentation

Post contract award, Prime Contractors are required to submit the following forms to the City’s Project Manager and Aviation Department on a monthly basis as evidence of continued compliance with the City’s DBE Program: Schedule of Work and Actual Payments Form 213B is to be submitted with each payment request for

the Prime Contractor and all sub-contractor/suppliers/service providers associated with the contract through the term of the contract. Attach supporting documentation indicating proof of payment to DBE Sub-Contractors.

Change of DBE Subcontractor/Supplier Form 216A if there are any additions, deletions, substitutions,

or changes to the DBE participants listed on the original pre-contract award documentation Form 213A.

Rev. 1.2011 DBE/ACDBE Form 203A

CITY OF DALLAS – Department of Aviation Disadvantaged/Airport Concessions Disadvantaged Business

Enterprises (DBE/ACDBE) Affidavit (DBE/ACDBE Form 203A)

The policy of the City of Dallas and guidelines promulgated by the US Department of Transportation Federal Aviation Administration (Regulations 49 CFR 23 and 49 CFR 26) require the involvement of qualified Disadvantaged Business Enterprises (DBEs) and Airport Concessions Disadvantaged Business Enterprises (ACDBEs) to the greatest extent feasible on federally funded contracts involving Airport Construction, Airport Concessions, and in the procurement of supplies, goods and services related to Airport contracts. Federal Regulations prohibit discrimination on the basis of race, color, religion, national origin, or sex in the award of and performance of federally funded contracts. In accordance with this policy, the Department of Aviation has established annual DBE and ACDBE participation goals for Airport related contracts. FY 2013-16 DBE/ACDBE Participation Goals To ensure a reasonable degree of DBE/ACDBE participation in Airport related contracts, it is the goal of the City of Dallas’ Department of Aviation that a certain percentage of work under each Airport contract be executed by one or more qualified DBE/ACDBEs. Prospective bidders/proposers are required to either meet or demonstrate a good faith effort towards meeting the following participation goals:

Non-Car Rental Concessions Car-Rental Concessions Construction & Professional Services 22.80% 5.70% 20.75%

ACDBE Prime Contractors certified in accordance with 49 CFR 23 regulations are deemed to have met participation goals at the time of contract award. DBE Prime and Non-DBE Prime Contractors shall agree to either meet the goal or demonstrate via documentation a “good faith effort” to include DBEs in subcontracting opportunities prior to contract award. The apparent lowest bidder/most advantageous proposer who fails to adequately document good faith efforts to subcontract or purchase significant supplies, goods or services from DBE/ACDBEs may be denied award of the contract by the City based on the bidder’s/proposer’s failure to be a “responsive” or “responsible” bidder. By signing below, I agree to comply with the City of Dallas Disadvantaged/Airport Concessions Disadvantaged Business Enterprises (DBE/ACDBE) Program. Additionally, should I be awarded a contract by the Dallas City Council, I agree to adhere to the DBE/ACDBE Program reporting requirements during the performance of the contract. Intentional misrepresentation could result in criminal prosecution.

Bid/Proposal Number: Bid/Proposal Name: Company Name: Typed or Printed Name of Certifying Official of Company Date Signature of Certifying Official of Company Title

Rev.1.2011 DBE/ACDBE Form 204A

CITY OF DALLAS – DEPARTMENT OF AVIATION WORKFORCE ETHNIC COMPOSITION REPORT

(DBE/ACDBE Form 204A)

Name of Firm: Address: Telephone Number: Email Address: Project Name & BID Number:

Employee Classification

Total No. Employees

White

Black

Hispanic

Other

Male Female M F M F M F M

F Administrative/ Managerial

Professional

Technical

Office/Clerical

Skilled

Semi-Skilled

Unskilled

Seasonal

Totals

Intentional misrepresentation could result in Criminal Prosecution. ____________________________________________________ ________________________________ OFFICER’S SIGNATURE TITLE TYPED OR PRINTED NAME DATE

Rev. 2 – 01/18/13 Doc#: AVI-FRM-205

CITY OF DALLAS RFP/RFQ CONTRACTOR’S AFFIDAVIT HISTORY OF DBE UTILIZATION FORM

Project Name: Bid/Contract #: Has your company sub-contracted with DBE firms in the past? Yes No If yes, please complete the section below. Historical utilization is not limited to City of Dallas contracts. Please include historical DBE utilization with other entities as well.

Name of the Entity Contact Name Phone Number

Project Name/ Contract Type

Total Contract Amount

DBE Goal DBE Actual

Participation Dollars ($)

DBE Actual Participation

Percentage (%)

# of DBE Firms

Utilized

I certify that the information included in this History of DBE Utilization Form is true and complete to the best of my knowledge and belief. I further understand and agree that all information will be reviewed and verified by the Business Inclusion and Development Compliance staff. Company Name: Officer’s Signature: Title: Printed Name: Date:

Rev.1.2011 Doc#AVI-Form213A

CITY OF DALLAS - AVIATION DEPARTMENT – PRE-AWARD

SCHEDULE OF WORK AND SUBCONTRACTOR/SUPPLIER PARTICIPATION FORM

Project Name & Bid/Proposal #: ________________________________________________________________________ FORM INSTRUCTIONS Column 1: List type of work to be performed by Prime Contractor and Subcontractors/Suppliers Column 2: Categorize firms as: P = Prime contractor; S = Subcontractor; G = Goods/Service supplier; First Line is RESERVED for Prime Contractor ‘s information ONLY Column 3: List name of firm; DBE Certification Number (if applicable) Column 4: List firm’s contact name; address; telephone number

Column 5: List the ethnicity of the firm’s owner as: B = African American; H = Hispanic; I = Asian Indian; N = Native American; P = Asian Pacific; W= Woman; NON = other than DBE Column 6: Indicate firm’s location as L= Local (within Dallas City limits); N = Non-local (outside Dallas City limits) Column 7: Indicate the dollar amount of the contract allotted to the entity listed on this line; sum of lines in this column = total bid amount Column 8: Indicate the percentage of the contract allotted to the entity listed on this line; sum of lines in this column = 100%

Type of Work

[1]

P S G [2]

Name of Firm,

DBE & SBE Certification Number (if applicable) [3]

Contact Name/Address/

Telephone Number [4]

Type of

Firm [5]

L or

N [6]

Contract Bid Amount ($)

[7]

Percent

(%) [8]

PRIME

P

Total Page 1Amount:

Total Page 2Amount:

Total Page 3Amount:

Total Bid Amount:

The undersigned will enter into a formal agreement with the sub-contractor/supplier entities listed, conditioned upon being awarded the City of Dallas contract. A Form 214A – DBE Sub-Contractor/ supplier Intent Form must be attached to this form for each sub listed. If any changes are made to this list, prior to contract award, the prime contractor must revise and re-submit this form to the City for approval with documented explanations for the changes. Failure to comply with this provision could result in denial of contract award. Intentional misrepresentation could result in criminal prosecution.

Officer’s Signature and Title:__________________________________________________________________________________ Date: __________________ City Staff Review: ___________________________________________________________________________________________ Date: __________________

Page 1 of ____

Rev.1.2011 Doc#AVI-Form213A

CITY OF DALLAS – AVIATION DEPARTMENT – PRE-AWARD SCHEDULE OF WORK AND SUBCONTRACTOR/SUPPLIER PARTICIPATION FORM

Project Name & Bid/Proposal #: ________________________________________________________________________

Type of Work

[1]

P S G [2]

Name of Firm &

DBE Certification Number (if applicable) [3]

Contact Name/Address/

Telephone Number [4]

Type of

Firm [5]

L or

N [6]

Contract Bid Amount ($)

[7]

Percent

(%) [8]

Total Page Amount:

Please complete page 1 of this form first. Make copies of this form if additional pages are necessary. Page ____ of ____


Attachment “D”

Insurance Requirements

8/18/15 Page 1 of 4 Airfield Misc Drainage Improvements-Engr

Insurance Requirements

SECTION A. Prior to the approval of this contract by the CITY, ENGINEER shall

procure, pay for and maintain the following insurance written by companies approved

by the State of Texas and acceptable to CITY. The insurance shall be evidenced by

delivery to the CITY, at the address shown in REQUIRED PROVISIONS b.(i),

certificates of insurance executed by the insurer or its authorized agent stating

coverages, limits, expiration dates and compliance with all applicable required

provisions. Upon request, the CITY shall be entitled to receive without expense,

copies of the policies and all endorsements. CITY HAS NO DUTY TO PAY OR

PERFORM UNDER THIS CONTRACT OR AGREEMENT UNTIL SUCH CERTIFICATE

HAS BEEN DELIVERED TO THE CITY and no officer or employee shall have authority

to waive this requirement.

SECTION B. The CITY reserves the right to review the insurance requirements of this

section during the effective period of the contract and to modify insurance coverages

and their limits when deemed necessary and prudent by City's Office of Risk

Management based upon economic conditions, recommendation of professional

insurance advisors, changes in statutory law, court decisions or other relevant

factors. The ENGINEER agrees to make any reasonable request for deletion, revision

or modification of particular policy terms, conditions, limitations, or exclusions (except

where policy provisions are established by law or regulation binding upon either party

to the contract). Upon request by CITY, ENGINEER shall exercise reasonable efforts to

accomplish such changes in policy coverages and shall pay the cost thereof.

INSURANCE COVERAGE REQUIRED

SECTION C. Subject to ENGINEER'S right to maintain reasonable deductibles,

ENGINEER shall obtain and maintain in full force and effect for the duration of this

contract and any extension hereof, at ENGINEER'S sole expense, insurance coverage

in the following type(s) and amounts:

1. If ENGINEER’S employees will be performing services under the contract at a

CITY owned facility, then Workers’ Compensation within the regulations of the

Texas Workers’ Compensation Act. The minimum policy limits for Employers

Liability are:

Bodily Injury by Accident: $500,000 Each Accident

Bodily Injury by Disease: $500,000 Policy Limit

Bodily Injury by Disease: $500,000 Each Employee

8/18/15 Page 2 of 4 Airfield Misc Drainage Improvements-Engr

2. Commercial General Liability Insurance including, but not limited to,

Premises/Operations, Personal & Advertising Injury, Products/Completed

Operations, Independent Contractors and Contractual Liability with minimum

combined bodily injury (including death) and property damage limits of

$1,000,000 per occurrence, $2,000,000 general aggregate.

3. If vehicles will be used in the performance of services under the contract, then,

Business Automobile Liability Insurance covering owned, hired, and non-owned

vehicles, with a minimum combined bodily injury (including death) and property

damage limit of $500,000 per occurrence. If operating in Air Operations Area

(AOA), the minimum combined limit of $3,000,000.

4. Professional Liability Insurance to provide coverage against any claim which the

ENGINEER becomes legally obligated to pay as damages arising out of the

performance of professional services caused by any negligent error, omission or

act with minimum limits of $1,000,000 per claim, $1,000,000 annual

aggregate.

NOTE: If the insurance described in #2 or #4 above is written on a claims-made form,

coverage shall be continuous (by renewal or extended reporting period) for not less

than twenty-four (24) months following completion of the contract and acceptance by

the City. Coverage, including any renewals, shall have the same retroactive date as

the original policy applicable to this contract.

REQUIRED PROVISIONS

The ENGINEER agrees that with respect to the above required insurance, all insurance

contracts and certificate(s) of insurance will contain and state, in writing, the

following required provisions:

a. Name the City of Dallas and its officers, employees and elected

representatives as additional insureds to all applicable coverages.

b. State that coverage shall not be canceled except after thirty (30) days

written notice to:

(i) Public Works and Transportation, Attention: Jennifer Nicewander,

Project Manager, 320 E. Jefferson, Room 307, Dallas, Texas 75203 and

(ii) Director, Office of Risk Management, 1500 Marilla, 6A-South, Dallas,

Texas 75201.

8/18/15 Page 3 of 4 Airfield Misc Drainange Improvements-Engr

c. Waive subrogation against the City of Dallas, its officers and employees,

for bodily injury (including death), property damage or any other loss.

d. Provide that the ENGINEER’S insurance is primary insurance as respects

the CITY, its officers, employees and elected representatives.

e. Ensure that all certificates of insurance identify the service or product

being provided and name the City department shown in REQUIRED

PROVISIONS b.(i) as the Certificate Holder.

SECTION D. (1) Without limiting any of the other obligations or liabilities of the

ENGINEER, the ENGINEER shall require each Subcontractor performing work under the

contract, at the Subcontractor's own expense, to maintain during the term of the

contract, levels of insurance that are necessary and appropriate for the services being

performed, comply with all applicable laws and are consistent with industry

standards. The Subcontractor’s liability insurance shall name the ENGINEER as an

additional insured. (2) The ENGINEER shall obtain and monitor the certificates of

insurance from each Subcontractor. The ENGINEER must retain the certificates of

insurance for the duration of the contract and shall have the responsibility of

enforcing insurance requirements among its subcontractors. The CITY shall be

entitled, upon request and without expense, to receive copies of these certificates.

SECTION E. Approval, disapproval or failure to act by the CITY regarding any

insurance supplied by the ENGINEER or its subcontractors shall not relieve the

ENGINEER of full responsibility or liability for damages and accidents as set forth in

the contract documents. Neither shall the bankruptcy, insolvency nor denial of

liability by the insurance company exonerate the ENGINEER from liability.

INDEMNITY

The ENGINEER agrees to defend, indemnify and hold CITY, its officers, agents and

employees, harmless against any and all claims, lawsuits, judgments, costs and

expenses for personal injury (including death), property damage or other harm for

which recovery of damages is sought, suffered by any person or persons, that may

arise out of or be occasioned by ENGINEER'S breach of any of the terms or provisions

of this contract, or by any negligent or strictly liable act or omission of ENGINEER, its

officers, agents, employees, or subcontractors, in the performance of this contract;

except that the indemnity provided for in this paragraph shall not apply to any liability

resulting from the sole negligence or fault of CITY, its officers, agents or employees

and in the event of joint and concurrent negligence or fault of ENGINEER and CITY,

responsibility and indemnity, if any, shall be apportioned comparatively in accordance

with the laws of the State of Texas, without waiving any governmental immunity

8/18/15 Page 4 of 4 Airfield Misc Drainange Improvements-Engr

available to the CITY under Texas law and without waiving any defenses of the

parties under Texas law. The provisions of this paragraph are solely for the benefit of

the parties hereto and are not intended to create or grant any rights, contractual or

otherwise, to any other person or entity.

Attachment “E”

Project Description and Exhibit

Areas at Dallas Love Field prone to Flooding: Taxiway Alpha safety area at Runway 31R

Request for Qualifications Airfield Schematic Drainage Design For Dallas Love Field Taxiway Hotel safety area at the Patrol Road

Request for Qualifications Airfield Schematic Drainage Design For Dallas Love Field Shorecrest Ave - Erosion Control