HomeMy WebLinkAboutContract 54648-A3 CSC No. 54648-A3
CITY OF FORT WORTH, TEXAS
AMENDED AND RESTATED AGREEMENT FOR ENGINEERING AND OTHER
RELATED PROFESSIONAL SERVICES
This AMENDMENT No. 3 to City Secretary Contract No. 54648 and
RESTATEMENT of ORIGINAL AGREEMENT (as defined herein) (collectively,
"AGREEMENT") is between the City of Fort Worth, a Texas home-rule municipality
("CITY" or "City"), and Jacobs Engineering Group Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Noise Mitigation Measures at Fort
Worth Alliance Airport.
RECITALS
WHEREAS, Due to increased aircraft operations and expansion at Fort Worth
Alliance Airport ("Airport"), the City was required to conduct an Environmental Assessment
in 2018 ("EA") to determine the effect of increased activity at the Airport and its effect on
surrounding properties;
WHEREAS, through the EA process, the Federal Aviation Administration ("FAA")
determined that the noise impact from the increased activity at the Airport would not have
significant impact to the human environment if appropriate noise mitigation occurred;
WHEREAS, to effectively mitigate the noise impacts within specific neighborhoods
in close proximity to the Airport, the City set out to implement noise mitigation measures
for affected homeowners in accordance with the FAA's Part 150 Noise Mitigation Program
("Program");
WHEREAS, On April 15 and April 22, 2020, a Request for Qualifications (RFQ)
was advertised for, among other services, Noise Mitigation Engineering Services at Fort
Worth Alliance Airport, and on May 8, 2020, ENGINEER was selected;
WHEREAS, On October 7, 2020, the City and ENGINEER entered into City
Secretary Contract ("CSC") No. 54648, for Engineering, Consulting, Construction and
Other Noise Mitigation services for City Project No. 102901 , "Noise Mitigation Measures at
Fort Worth Alliance Airport" which has been amended twice as reflected below
("ORIGINAL AGREEMENT");
WHEREAS, on or about February 4, 2021 , City and ENGINEER executed
Amendment No. 1 of the ORIGINAL AGREEMENT which increased the compensation
amount to allow for the creation of a website that would allow for the Project to continue
while at the same time preventing any potential spread of the novel Coronavirus;
WHEREAS, on or about June 2, 2021 , City and ENGINEER executed
Amendment No. 2 of the ORIGINAL AGREEMENT which increased the compensation
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Page 1 of22 CITY SECRETARY
FT. WORTH, TX
amount to allow for acoustical testing of an additional 64 homes based on previous
results of testing in the Rivers Edge Subdivision ("Rivers Edge"), which was based on
written approval given on or about May 14, 2021 by the FAA;
WHEREAS, per the terms of the ORIGINAL AGREEMENT, as amended, the City
agreed to pay ENGINEER $3,466,394.52 for the performance of services, with the
understanding that these funds would cover certain acoustical testing and a small
portion of the costs for the implementation of noise mitigation services taking into
account that additional change orders could be necessary depending on the results of the
acoustical testing of homes;
WHEREAS, currently, all portions of the initial acoustical testing of homes for the
Project is complete and it has been determined that all 264 homes in Rivers Edge are
eligible for one of five noise mitigation alternatives available as described in the Scope
of Services attached to this AGREEMENT as Attachment "A" ("Mitigation Alternatives");
WHEREAS, as a result, the ENGINEER has requested, and the City has
appropriated an additional amount up to $13,668,220.35 in FAA grant funding for the
Scope of Services set forth in Attachment "A" to this AGREEMENT;
WHEREAS, additionally, throughout the acoustical testing and design for initial
bid cycles for this Project, many provisions within ORIGINAL AGREEMENT, as well as
the ORIGINAL AGREEMENT's Scope of Services have been identified that require
changes to reflect more specificity and clarity on how Mitigation Alternatives will be
implemented and the responsibilities of the parties during this next phase of the
PROJECT;
WHEREAS, the parties believe that these changes are significant enough to
warrant an amendment and restatement of the ORIGINAL AGREEMENT to ensure that
the responsibilities of the parties and the updated Scope of Services to be performed,
are clear to both parties and that the services can be sufficiently carried out in
accordance with the Program;
WHEREAS, City and ENGINEER have, therefore, agreed to enter into this
AGREEMENT to (i) amend and restate the ORIGINAL AGREEMENT; (ii) clarify the
remaining obligations of ENGINEER by incorporating an updated Scope of Services to
be applicable under this AGREEMENT; and (iii) include additional funding under the
AGREEMENT in an amount of $13,668,220.35 for the updated Scope of Services with
specific costs reflected in the Compensation Schedule, bringing the total not to exceed
amount under the ORIGINAL AGREEMENT and this AGREEMENT to $17,134,614.87;
WHEREAS, it is estimated that the cost for sound insulation services for each
home will average around $60,000.00 per home;
WHEREAS, acknowledging that the amount of homes and cost per home for
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sound insulation are not definitive, in the event additional funding is needed, the City will
endeavor, if necessary, to appropriate remaining grant funding and execute subsequent
amendments to this AGREEMENT;
WHEREAS, both parties recognize that approximately $345,254.05 in costs that
were specifically allocated under the ORIGINAL AGREEMENT's compensation
schedule for both engineering design work and post-acoustical testing for the PROJECT
have either not yet been performed under the PROJECT or have not yet been billed to
the City and the parties recognize and agree that such services are incorporated in the
Scope of Services of this AGREEMENT and that the line items as reflected in the
compensation schedule of the ORIGINAL AGREEMENT for such engineering design
work and post-acoustical testing are incorporated into the total not to exceed amount
under this AGREEMENT; and
WHEREAS, the Parties acknowledge and agree that the terms and conditions of
the ORIGINAL AGREEMENT remain unchanged prior to the EFFECTIVE DATE of this
AGREEMENT.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, CITY and ENGINEER hereby agree as
follows:
The AGREEMENT documents shall include the following:
1 . This AGREEMENT;
2. Attachment "A"— Scope of Services;
3. Attachment "B"— Compensation Schedule
4. Attachment "C"— Reserved ;
5. Attachment "D"— Project Schedule;
6. Attachment "E"— Location Map;
7. Attachment "F"—Verification of Signature Authority;
8. Attachment "G"— Federal Contract Provisions
Attachments "A", "B", "D", "E", "F", and "G" which are attached hereto and incorporated
herein, are made a part of this AGREEMENT for all purposes. In the event of any conflict
between the terms and conditions of the Attachments and the terms and conditions set
forth in the body of this AGREEMENT, the terms and conditions of this AGREEMENT
shall control.
Article I
ORIGINAL AGREEMENT Superseded
The ORIGINAL AGREEMENT is now superseded by this AGREEMENT in its
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entirety upon the Effective Date (as hereinafter defined). Nothing contained herein shall
serve to relieve the parties of any obligations under the ORIGINAL AGREEMENT that
existed prior to the Effective Date of this AGREEMENT.
Article II
Scope of Services
The Scope of Services is set forth in Attachment A.
Article III
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$17,134,614.87 as set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VII. D. herein, this
AGREEMENT shall be for a term beginning upon the Effective Date, as
described below, and shall continue until the expiration of the funds or
completion of the subject matter contemplated herein, whichever occurs first.
Article IV
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment B to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue invoices twice monthly, on or about the twelfth
and twenty-seventh day of each month, for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt. The
City will endeavor to pay all invoices to ENGINEER within 14 days of receipt.
(3) Upon completion of services enumerated in Article II, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
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CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article V
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's consultant under this
AGREEMENT providing professional engineering consultation and advice,
design, construction services, other professional services and furnishing
customary services incidental thereto in accordance with Exhibit A to this
AGREEMENT.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's and City'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 or other entities. The ENGINEER and its
personnel have no authority to exercise any control over other entities or
their employees in connection with their work or any health or safety
precautions. The CITY will be responsible for all acts of the CITY's
personnel at a construction site.
(2) If the ENGINEER makes on-site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
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with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the ENGINEER'S 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 ENGINEER'S construction contractor has completed the work in exact
accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the ENGINEER'S construction contractor
has used the moneys paid; that title to any of the work, materials, or
equipment has passed to the CITY free and clear of liens, claims, security
interests, or encumbrances; or that there are not other matters at issue
between the CITY and the ENGINEER'S construction contractor that affect
the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
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In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the ENGINEER may
result in the termination of this AGREEMENT and debarment from
participating in City contracts for a period of time of not less than three (3)
years. This is a federally funded project. Due to the nature of the scope of
services described in Attachment A, the CITY has established a
disadvantaged business enterprise (DBE) goal of 35% for the true contractor
labor cost.
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 subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subcontract, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subcontractors
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 subcontractors
reasonable advance notice of intended audits.
(3) ENGINEER and subcontractors agree to photocopy such documents as
may be requested by the CITY. The CITY agrees to reimburse ENGINEER
for the cost of copies at the rate published in the Texas Administrative Code
in effect as of the time copying is performed.
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K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
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compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth, 200
Texas Street, Fort Worth, Texas 76102.
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f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self-insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Subconsultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
subconsultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Engineer
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The ENGINEER agrees to perform all services as an independent Engineer
and consultant and not as a subcontractor, agent, or employee of the
CITY. The doctrine of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
AGREEMENT was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this AGREEMENT which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Q. Record and Invoice Retention
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2 CFR 200.333-200.337 requires that the City, as a sponsor, retain all grant
related documentation for three years after the City submits the final
payment request. Since this AGREEMENT is related to the management of
an FAA grant funded project, ENGINEER agrees to maintain all records,
receipts, and invoices, including sub-contractor receipts and invoices,
related to the project associated with this AGREEMENT for at least five (5)
years and to provide all records and invoices, including sub-contractor
invoices to the City upon completion of the work listed under this
AGREEMENT or at any time throughout the term of this AGREEMENT if
requested by the City.
R. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the ENGINEER 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.
S. Third-Party Beneficiaries
(1) This AGREEMENT gives no rights or benefits to anyone other than the
ENGINEER and there are no third-party beneficiaries.
(2) The ENGINEER 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.
Article VI
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. 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 Engineers as the CITY deems appropriate; and render in
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writing decisions required by the CITY in a timely manner in accordance with
the project schedule prepared in accordance with Attachment D.
C. 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 ENGINEER'S construction contractors.
D. Claims and Third-Party Beneficiaries
(1) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(2) Nothing contained in this Section D. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
E. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
F. 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 VII
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with each phase of this
AGREEMENT upon receipt of a written Notice to Proceed from the CITY as
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specified in Exhibit A.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise commercially reasonable efforts to
meet their respective duties and obligations as set forth in this Agreement,
but shall not be held liable for any damages, 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, declared epidemics/pandemics,
wars, riots, material or labor restrictions by any governmental authority
and/or any other similar causes; provided, however, the foregoing will not
apply to either party's obligation to pay for services rendered in
accordance with this AGREEMENT.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 15 of 22
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, for
services under this Agreement specifically related to work classified
as Engineering Services, the ENGINEER shall indemnify and hold
harmless the CITY against liability for any damage committed by the
ENGINEER or ENGINEER's agent, Engineer 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.
To the extent allowed by applicable law, for all other services not
related to Engineering Services, ENGINEER shall indemnify, defend
and hold harmless the CITY and all of its officials, officers, agents and
employees from and against any and all third-party liability, claims,
losses, damages, suits, demands or causes of action including all
expenses of litigation and/or settlement, court costs and reasonable
attorney fees which may arise by reason of injury to or death of any
person or for loss of, damage to, or loss of use of any property to the
extent caused by error, omission or negligent act of ENGINEER, its
officers, agents, employees, and subcontractors in the performance of
the Scope of Services under this AGREEMENT, and ENGINEER will at
its own cost and expense defend and protect the CITY from any and all
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 16 of 22
such claims and demands.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles VI.F., VII.B., VII.D.,
VII.F., VII.H., and VILL shall survive termination of this AGREEMENT for any
cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. 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 (I-9). Upon
request by CITY, ENGINEER shall provide CITY with copies of all I-9
forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 17 of 22
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.
L. Prohibition On Contracts With Companies Boycotting Israel
If Engineer has fewer than 10 employees or the AGREEMENT is for less
than $100,000, this section does not apply. Engineer acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this AGREEMENT, Engineer
certifies that Engineer's signature provides written verification to City that
Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the AGREEMENT.
M. Changes of Work
The ENGINEER shall make such revisions in the work included in this
AGREEMENT which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays
and without additional cost to the CITY. If the CITY finds it necessary to
request changes to previously satisfactorily completed work or parts thereof,
the ENGINEER shall make such revisions if requested and as directed by
the CITY. This will be considered as additional work and paid for as
specified under Additional Work.
N. Additional Work
Work not specifically described under "Scope of Services" must be approved
by supplemental agreement to this AGREEMENT by the CITY before it is
undertaken by the ENGINEER. If the ENGINEER is of the opinion that any
work he has been directed to perform is beyond the scope of this
AGREEMENT and constitutes extra work, he shall promptly notify the CITY
in writing. In the event the CITY finds that such work does constitute extra
work, then the CITY shall so advise the ENGINEER, in writing, and shall
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 18 of 22
provide extra compensation to the ENGINEER for doing this work on the
same basis as covered under Compensation and as provided under a
supplemental agreement. The lump sum fee shall be adjusted if additional
work is approved by supplemental agreement and performed by the
ENGINEER.
O. Consequential Damages
Notwithstanding any other provision of this AGREEMENT to the contrary,
the parties hereto mutually agree that neither party shall be liable to the
other for any indirect, incidental, consequential, exemplary, punitive or
special damages or loss of income, profit or savings of any party, including
third parties, arising directly or indirectly from the parties' relationship under
this AGREEMENT or applicable law. This provision does not apply in the
event that the City is required to pay back any Federal grant funding or is
required to pay damages to the Federal Government related to the project
associated with this AGREEMENT due to the negligence of ENGINEER for
any reason, regardless of whether the damages could be considered
indirect, incidental, consequential, exemplary, punitive, or special damages.
P. Limit to Use Hard Copies
As a component of the Services provided under this AGREEMENT,
ENGINEER may delivery electronic copies of certain documents or data (the
"Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of the CITY. The CITY and its Engineers, contractors and
subcontractors may only rely on the Hard Copies furnished by the
ENGINEER to the CITY. If there is any discrepancy between Electronic File
and the corresponding Hard Copy, the Hard Copy controls.
Q. Acceptance Procedure
The CITY acknowledges that Electronic Files can be altered or modified
without the ENGINEER's authorization, can become corrupted and that
errors can occur in the transmission of such Electronic Files. The CITY
agrees that it will institute procedures to preserve the integrity of the
Electronic Files received from ENGINEER until acceptance. The CITY
further agrees that it will review the Electronic Files immediately upon receipt
and conduct acceptance tests within thirty (30) days, after which period the
CITY shall be deemed to have accepted the Electronic Files as received.
The ENGINEER will undertake commercially reasonable efforts to correct
any errors in the Electronic Files detected within the 30-day acceptance
period. The ENGINEER shall not be responsible to maintain the Electronic
Files after acceptance by the CITY.
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 19 of 22
R. Warranty of Compatibility
The ENGINEER does warrant and represent that the Electronic Files will be
compatible with or useable or readable by systems used by the CITY and its
Engineers, contractors and subcontractors. The ENGINEER is not
responsible for any problems in the interaction of the Electronic Files with
other software used by the CITY or its Engineers, contractors and
subcontractors.
S. Prohibition on Boycotting Energy Companies.
ENGINEER acknowledges that, in accordance with Chapter 2274 of the
Texas Government Code, as added by Acts 2021 , 87th Leg., R.S., S.B.
13, § 2, the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or
partly from public funds of the CITY with a company with 10 or more full-
time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code, as added
by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this AGREEMENT, by
signing this AGREEMENT, ENGINEER certifies that ENGINEER's
signature provides written verification to the Owner that ENGINEER: (1)
does not boycott energy companies; and (2) will not boycott energy
companies during the term of this AGREEMENT.
T. Prohibition on Discrimination Against Firearm and
Ammunition Industries.
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, as added by Acts 2021 , 87th Leg.,
R.S., S.B. 19, § 1 , the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the CITY with a company with 10 or
more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1 .
To the extent that Chapter 2274 of the Government Code is applicable to
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 20 of 22
this AGREEMENT, by signing this AGREEMENT, ENGINEER certifies
that ENGINEER's signature provides written verification to the Owner that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate against a firearm entity or firearm trade association
during the term of this AGREEMENT.
U. Subordination of AGREEMENT to Certain Agreements with
Federal Government; FAA Approval
This AGREEMENT shall be subordinate in all respects to the provisions of
any existing or future leases or contracts between the CITY and the United
States or any agency thereof which relates to the operation or maintenance
of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of federal funds for the development,
maintenance, or repair of the Airport. Although this AGREEMENT shall be
and become effective upon the execution hereof by the parties hereto, it
shall nevertheless be subject to approval by the FAA, and the parties hereby
covenant and agree to make any modifications or amendments hereto that
may be required to obtain such approval.
This AGREEMENT, including its attachments, constitutes the entire AGREEMENT, which
supersedes all prior written or oral understandings except as set forth in Article I, herein,
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.
City of Fort Worth,Texas
Amendment No.3 and Restatement of City Secretary Contract No.54648
Page 21 of 22
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager ("EFFECTIVE DATE").
BY: BY:
CITY OF FORT WORTH ENGINEER
Jacobs Engineering Group Inc.
Dana Burghdoff(M 15,20 215:56 CDT) L2 L�L_
Dana Burghdoff Katus Watson
Assistant City Manager Senior Vice President
Date:Jul 15, 2022 Date. 7/14/2022
APPROVAL RECOMMENDED:
By:
Roger Venables
Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
$:51 CDT)
Tyler Dale
Airport Project Coordinator
APPROVED AS TO FORM AND LEGALITY
By-
Thomas Royce Hansen
Assistant City Attorney
ATTEST: Form 1295 No. 2021-785282
J ette S.Goodall(Jul 18,2022 08: DT)
Jannette Goodall of 00000..4; M&C No.: 21-0863
,c4 o
City Secretary 9�o° °�yo,
��o o=� M&C Date: 11/9/2021
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City of Fort worth,Texas
Amendment No.3 and Restatement of City Secrecary c_oncracc r4o.o,+o,+o OFFICIAL RECORD
Page 22 of 22 CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
,jacobs
Noise Mitigation of Eligible Properties Impacted
By West Side Development
Scope of Services
June 28, 2022
Fort Worth Alliance Airport
Scope of Services Jacobs
Fort Worth Alliance Airport
Scope of Services
for
Noise Mitigation of Eligible Properties
Impacted by West Side Development
Scope of Services Jacobs
DEFINITIONS
For purposes of this Scope of Services, the following terms shall have the following meanings unless
the context clearly requires otherwise.
"Airport" means Fort Worth Alliance Airport.
"CITY" or "City" means The City of Fort Worth, a Texas home-rule municipality.
"Eligible Property" or "Eligible Home" means a single-family residential home located in either the
Rivers Edge Subdivision or the Woodland Springs Subdivision that has met the requirements for
participation in the Program (each an Eligible Property or Eligible Home; and, collectively, Eligible
Properties or Eligible Homes).
"ENGINEER" or"CONSULTANT" means Jacobs Engineering Group Inc.
"FAA" means the Federal Aviation Administration.
"Homeowner" means the individual(s) or other legal entity that holds legal title to an Eligible Property
or Home.
"Mitigation Alternatives" means the following mitigation alternatives being offered under the Program
to an Eligible Property's Homeowner: Sound Insulation, Purchase Assurance, Sales Assurance,
Transaction Assistance, and Purchase of Avigation Easement (each a Mitigation Alternative; and,
collectively, Mitigation Alternatives).
"ORIGINAL AGREEMENT" means the City Secretary Contract No. 54648 between CITY and ENGINEER
dated October 7, 2020, for Engineering, Consulting, Construction and Other Noise Mitigation services
for City Project No. 102901, "Noise Mitigation Measures at Fort Worth Alliance Airport".
"Program" means the Federal Aviation Administration's Part 150 Noise Mitigation Program.
"PROJECT" or"Project" means Noise Mitigation Measures at Fort Worth Alliance Airport.
"SI Project" means an Eligible Property where the Homeowner selected the Sound Insulation Mitigation
Alternative.
Scope of Services Jacobs
OVERVIEW OF CONTRACT MODIFICATION 3
The purpose of this Modification 3 is to authorize and fund Services as set forth herein for the PROJECT
with reference to the Policies and Procedures Manual dated June 30, 2021, approved by the Federal
Aviation Administration on July 23, 2021 ("Policies and Procedures Manual") attached hereto as Exhibit
1. The Services relate to the following:
• Program Management Services, Homeowner Outreach and Orientation Services, Post
Construction Noise Testing, and Sound Insulation for eligible residential properties;
and
• Program Management Services and the Sound Insulation for the original 27
residential properties participating in the Project (services for Homeowner Outreach
and Orientation and Post Construction Noise Testing were approved and funded
previously).
CONSULTANT will provide continued program management and administration services to assist the
City of Fort Worth with the PROJECT.The Services to be provided under this Modification 3 include noise
testing, residential property inspections, noise mitigation design, community outreach, bid
management, oversight of noise mitigation alternatives, and noise mitigation installation services. The
scope of these services is described in more detail herein. The estimated costs associated with the
Services are provided in Attachment B, Compensation to the AGREEMENT.
In accordance with the Program and on behalf of the City of Fort Worth, CONSULTANT is authorized to
offer five Mitigation Alternatives to qualified Homeowners from which one may be selected by the
Homeowner. The Mitigation Alternatives are more fully described in the referenced Sections of this
Scope of Services:
• Sound Insulation (Section 4.0)
• Purchase Assurance (Section 5.1)
• Sales Assurance (Section 5.2)
• Transaction Assistance (Section 5.3)
• Purchase of Avigation Easement(Section 5.4)
1.0 PROGRAM MANAGEMENT
CONSULTANT shall manage the PROJECT including its public relations, acoustical testing, design, and
construction elements and provide the resources necessary for implementation of the noise mitigation
of the impacted homes as identified in the Finding of No Significant Impact ("FONSI") and Record of
Decision ("ROD") for the Environmental Assessment for the West Side Air Cargo Development Project,
Fort Worth Alliance Airport, Tarrant and Denton Counties, Texas, dated October 19, 2018.
1.1 Work Plan
A detailed work plan will be submitted 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.
Scope of Services Jacobs
Roles and responsibilities of key team members will be confirmed and lines of authority and
communication identified. This will be submitted as an organization chart or other type of exhibit that
clearly identifies roles, responsibilities and lines of communication.
1.2 Monthly Status Report
CONSULTANT will maintain regular communications with the Sponsor and other stakeholders. A
monthly report will be prepared to demonstrate the progress and status of the project. This report will
include narrative discussion of issues, accomplishments and schedule and budget updates.
1.3 Coordination Meetings
CONSULTANT will attend coordination meetings with the Sponsor and stakeholders to coordinate and
communicate issues related to the Project. It is anticipated that key staff will attend bi-weekly project
coordination meetings for the duration of the Project.
1.4 Program Budget
CONSULTANT will develop and maintain a program budget that identifies the major project
components, professional services costs, construction costs, contingency and funding sources. This
information will be in the form of spreadsheet and updated monthly and included with the Monthly
Status Report. Invoices will be prepared and reviewed by the CONSULTANT and submitted to Alliance
Air Services for review and approval and then submitted to the City for payment.
1.5 FAA Grant Management
Not Used.
1.6 Project Schedule
A detailed project schedule will be prepared that identifies dates for key meetings, duration of activities,
submittals, deliverables and other important milestones for the completion of the work. The project
schedule will be reviewed and updated as necessary for the duration of the Project and submitted with
the Monthly Status Report.
2.0 HOMEOWNER OUTREACH AND ORIENTATION
The CONSULTANT will perform outreach to affected Homeowners in the Rivers Edge and Woodland
Springs subdivisions. Each subdivision will have an outreach program and orientation developed for the
noise mitigations measures specific to that subdivision.
Scope of Services Jacobs
2.1 Outreach for Rivers Edge Homeowners
The Mitigation Alternatives will be offered to all Homeowners in the Rivers Edge Subdivision. The
CONSULTANT shall develop informational materials and presentations to thoroughly describe the
mitigation process, alternatives and schedule. As part of this outreach, prior to the execution of the
AGREEMENT, the parties agreed for CONSULTANT to conduct live "Town Hall" events. CONSULTANT
conducted live Town Halls on June 9-10, 2021,to provide a way for homeowners within the Rivers Edge
neighborhood to ask questions and voice concerns that they had related to the noise mitigation testing
and to explain the remedies that were being offered under the Project. The costs associated with the
Town Halls are provided in Attachment B, Compensation to the AGREEMENT.
2.2 Outreach for Woodland Springs Homeowners
Only those Woodland Springs Homeowners that are within the 2025 DNL 65 dB contour will be offered
the opportunity to participate in the purchase of avigation easements. Those outside the contour will
not be eligible for participate in the avigation easement program. The CONSULTANT shall develop
informational materials and presentations to thoroughly describe the mitigation process, alternatives
and schedule.
3.0 TESTING OF NON-COMPATIBLE STRUCTURES—RIVERS EDGE SUBDIVISION
The homes in the Rivers Edge Subdivision must first be evaluated to determine if they are eligible for
sound insulation mitigation measures. A noise impacted non-compatible structure must be
experiencing existing interior noise levels that are 45 dB or greater,with the windows closed,in habitable
areas of the Home (living, sleeping, eating or cooking areas), to be considered eligible. There are 264
homes in the Rivers Edge Subdivision.
3.1 Initial Eligibility Testing
This portion of the Scope of Services has been completed previously in former phases of the Project.
3.2 Post Construction Noise Testing
Following completion of the noise mitigation treatments, the CONSULTANT will schedule and conduct
post construction noise testing. The post construction noise testing will determine that the mitigation
treatments have reduced the interior noise level by at least 5 dB and the average interior noise level is
below 45 dB. Should the 5 dB noise reduction not be met, CONSULTANT will re-evaluate and rectify this
issue.
4.0 SOUND INSULATION WORK
Construction will be required to sound insulate Eligible Homes during this phase of the PROJECT. Each
Eligible Home receiving sound insulation work will be considered an individual sound insulation project
("SI Project"). Construction Contractors will be pre-qualified to participate in a design, bid, build process
that will include the removal of existing doors and windows and the installation of highly efficient sound
insulated door and window products developed to significantly lower noise penetration. The estimated
Scope of Services Jacobs
construction budget for sound insulation is $60,000.00 per Eligible Home based on historic data from
prior sound insulation projects and is subject to change on a project-to-project basis.CONSULTANT will
manage the construction and post construction activities described below.
4.1 Sound Insulation Work Management
CONSULTANT shall manage the development of sound insulation design and construction strategies;
maintain and update comprehensive management information, control and documentation systems;
and provide management for administration, coordination and completion of the design and
construction phases for the sound insulation work.
CONSULTANT shall utilize the single parcel bidding method, whereby each SI Project will represent an
independent construction contract, as the basis for management of the SI Projects.
4.1.1 Sound Insulation Work Budget
CONSULTANT shall develop and monitor an effective system of sound insulation work cost control and
revise and refine the approved sound insulation work budget, incorporate approved changes as they
occur and develop cash flow reports and forecasts as needed. CONSULTANT shall also identify variances
between projected and actual costs and advise the City whenever projected costs will be exceeded.
CONSULTANT will assist City, as requested, with administration, monitoring/reporting and close-out of
the Federal grant(s) which fund the PROJECT.
4.1.2 Sound Insulation Schedule
CONSULTANT shall prepare a sound insulation work schedule, in a mutually agreeable format, for each
Program Phase. The sound insulation work Schedule shall be subsequently updated by CONSULTANT,
as necessary to maintain control of the sound insulation work. Within the sound insulation schedule,
each Bid Cycle of design and construction for the sound insulation work shall proceed continuously
through to completion, except when caused by events beyond CONSULTANT's reasonable control.
Three Bid Cycles representing the sound insulation of 27 homes were defined in the ORIGINAL
AGREEMENT and defined as "Bid Cycles" 1-3.
Seven additional Bid Cycles are proposed to be included in Modification 3 and will begin with Bid Cycle
#4 and conclude at Bid Cycle #10.
4.1.3 Customer Service
Since Acoustical Treatments are provided to private property, CONSULTANT shall provide services to
educate and inform Homeowners throughout the process of providing noise mitigation services to their
homes. CONSULTANT will have full-time personnel on the PROJECT working with Homeowners to
answer questions and explain the Program.
Scope of Services Jacobs
4.1.4 Program Office/Showroom and Warehouse
CONSULTANT shall staff and maintain, for the duration of this AGREEMENT, a combination of
office/showroom/conference room (hereinafter referred to as "Office") to accommodate meetings with
Homeowners and to display acoustical products (windows,doors,etc.)for Homeowner and Construction
Contractor consideration. CONSULTANT will maintain, update and expand, as necessary,the showroom
space for the display of all current approved products available to the Homeowners. In the event
CONSULTANT loses its office/showroom or warehouse lease, through no fault of CONSULTANT,
CONSULTANT shall propose to City a new office/showroom or warehousing location. City must approve
the new office/showroom or warehouse location in writing, which, approval shall not be unreasonably
withheld. If City approves the new premises, reasonable labor and material costs incurred by
CONSULTANT in the building such new office/showroom/conference room or warehouse will be
reimbursable under this AGREEMENT.
CONSULTANT shall staff and maintain, for the duration of this AGREEMENT, an indoor warehouse
(hereinafter referred to as "Warehouse") to store the needed inventory of materials (windows, doors,
etc.).
CONSULTANT operations described hereunder shall be performed from the Office and Warehouse
according to the schedule to be approved by the City.
4.1.5. Warehouse and Product Inventory Management
CONSULTANT shall provide products that meet the Program requirements for noise reduction. The
Program requirements for noise reduction are an average interior Day-Night average sound Level(DNL)
value of less than 45 db and improvement of the Noise Level Reduction (NLR) of the Eligible Home by
at least 5 db.
CONSULTANT will pre-approve all products based upon technical review of specifications, shop
drawings,architectural details,acoustical laboratory testing data, manufacturer's warranty and customer
support and services information. Products must meet quality assurance standards and provide
compatibility with the architectural design characteristics of the Homes. CONSULTANT shall maintain,
and periodically confirm, an accurate inventory of product on hand.
CONSULTANT will ensure that measurements for all products at each SI Project are accurate and seek
competitive bids from all pre-approved manufacturers. For each SI Project CONSULTANT shall develop
a list of long lead items and ensure that such items are ordered, delivered and installed in a timely
fashion, so as not to delay the SI Project. Product bids will be reviewed and awarded, by issuance of
purchase orders, to the vendor providing the lowest responsive and reasonable bid. CONSULTANT will
accept delivery of all products at Warehouse and will inspect, sort, store and distribute same to
Construction Contractors.
4.1.6 Coordination and Meetings
CONSULTANT shall promptly inform City of significant events, concerns, and/or issues which impact the
Program and/or SI Projects. As requested by City, CONSULTANT shall communicate with community,
stakeholders and media.
Scope of Services Jacobs
CONSULTANT shall maintain coordination and liaison with appropriate affected organizations such as
the FAA, local governments, agencies, utilities and regulatory authorities to mitigate negative schedule
impacts as well as to mitigate conflicts among any sub-consultants, and Construction Contractors.
CONSULTANT shall also establish and implement procedures for coordination among the City and
Construction Contractors.
As directed by the City,CONSULTANT shall provide support related to City Councilor relevant committee
meetings. CONSULTANT shall maintain "on call" status to be available to timely respond to and/or
attend meetings with the City staff, City Council, and other Program participants to respond to Program
related queries requiring input of a technical nature, including but not limited to PROJECT information,
schedule, budget and cost status.
CONSULTANT shall conduct two meetings each month, as requested by the City,to review the PROJECT
and the progress being made by CONSULTANT including the performance and progress of Construction
Contractors on each SI Project (PROJECT Progress Meetings). CONSULTANT shall prepare meeting
minutes for the PROJECT Progress Meetings and provide to the CITY.
CONSULTANT shall conduct monthly Construction Contractor's meetings to communicate PROJECT
update, changes and reminders, as well as provide on-going training.
CONSULTANT shall conduct a Construction Contractor interview night one evening each month. The
Construction Contractor interview night will provide Homeowners the opportunity to meet
CONSULTANT's pre-qualified Construction Contractors. During the event, CONSULTANT shall ensure
that approved Contractor Notebooks and qualifications are available for review by Homeowners.
Homeowners will receive brochures which provide specific information about each of the Construction
Contractors.
4.1.7 Program Records, Reports and Filing
CONSULTANT shall record the proceedings of each PROJECT Progress Meeting. CONSULTANT shall
submit such meeting records, including a sign-in sheet, summary of the action items, the designated
responsible party, to the City within two (2) business days of the meeting date. Distribution of these
records shall be to a list of recipients designated by the City.
At each PROJECT Progress Meeting, CONSULTANT shall review: a) Project progress; b) current design
and construction issues; c) Program financial status; and d) significant activities, accomplishments,
manpower, on-site problems (supported by photographs, as appropriate). CONSULTANT shall record
the progress of the Project and submit written progress reports to the City including information on each
construction contractor's work, the percentage of completion, and the number and amounts of change
orders, and CONSULTANT shall keep a log available to the City reflecting all such information.
CONSULTANT shall maintain files of all documents, letters, reports, plans, permits, etc. pertinent to the
PROJECT.
Scope of Services Jacobs
4.1.8 Safety
CONSULTANT's Construction Contractors will be fully responsible for Project job site safety. To assist
with the Construction Contractor safety effort, CONSULTANT shall designate a safety representative who
will visit SI Project job sites during construction periods. CONSULTANT's safety representative will be
responsible for noting any safety concerns and reporting deficiencies to the Construction Contractor's
management for correction and compliance. The City will be copied on any correspondence related to
safety. City shall have no power or responsibility to formulate CONSULTANT and Construction
Contractor's safety plan(s) or enforce or modify such safety plan(s).
4.1.9 Security
CONSULTANT shall perform background checks on all CONSULTANT personnel, sub-consultants,
Construction Contractors and Construction Contractor's sub-contractor personnel prior to such
personnel being allowed on any Homeowner premises. CONSULTANT shall ensure all CONSULTANT
sub-consultants, Construction Contractors, and sub-contractor of any tier wear photo identification
security badges, issued by CONSULTANT, at any time that such personnel is present on the Project site.
CONSULTANT will coordinate, monitor and implement actions in an effort to ensure property security
provisions related to construction are maintained. CONSULTANT shall conduct activities to reasonably
avoid or mitigate disruption of Homeowner activities.
4.1.10 Best Practices
CONSULTANT shall investigate and remain current on FAA regulations, policies and procedures for the
Program.
4.1.11 Use of Approved Documents
CONSULTANT will develop forms, brochures, contracts, presentations, specifications and other written
documents in furtherance of the Program. Such written documents shall be presented to Alliance Air
Services and the City for approval prior to implementation. Any changes/modifications to the approved
documents will require prior approval from Alliance Air Services and the City of Fort Worth.
4.1.12 Avigation Easements
CONSULTANT shall,upon receiving a template Avigation Easement from City and after each Homeowner
selects one of the Mitigation Alternatives, prepare and secure Avigation Easements and related
documents from all Homeowners and the respective lender and secure property title commitments prior
to Acoustical Treatment design package development. The City shall record Avigation Easements in
Tarrant/Denton County deed records.
4.2 Design Services
CONSULTANT shall provide design services during the term of this Agreement which shall include, but
limited to, the following tasks:
4.2.1 Design Coordination and Permitting
CONSULTANT will coordinate design activities and will provide oversight with respect to the
implementation of design management procedures by all parties. CONSULTANT shall coordinate
Scope of Services Jacobs
activities of designers in the development and production of Acoustical Treatment Design Packages.
CONSULTANT shall confer with the City and Homeowners during the design phase to ensure compliance
with Program guidelines.
CONSULTANT shall secure all necessary permits. CONSULTANT will assist in securing and transmitting
appropriate documents to the various approval agencies outside of the control of City,at the appropriate
times. CONSULTANT shall verify all building permits are closed at the completion of the project.
4.2.2 House Inspection Visit
Not Used.
4.2.3 Design Visit
The purpose of the Design Visit will be to gather information necessary to developing the most effective
Acoustical Treatment Design Package for each Property. The Design visit will include: a) a Computer
Aided Drafting Design (CADD) layout and measurements; b) evaluation of the existing window and door
conditions; c) evaluation of existing attic insulation; and d) assessment of pre-existing conditions.
Should asbestos containing material or lead-based paint be suspected to exist, it will be the
Homeowner's responsibility to provide an abatement plan; and CONSULTANT shall immediately stop
performance of on-site services at such Homeowner's Eligible Property.
4.2.4 Acoustical Treatment Design Package Development
Based upon the information gathered during the Design Visit, CONSULTANT will prepare an Acoustical
Treatment Design Package for the custom acoustical treatment of each Property. CONSULTANT shall
review the Acoustical Treatment Design Package with the Homeowner.
4.2.5 Homeowner Design Review Meeting
After Homeowners have attended a Construction Contractor interview night meeting, CONSULTANT will
arrange a separate Homeowner Design Review Meeting with each Homeowner. The purpose of this
meeting is to:
a) Present and review with the Homeowner the Acoustical Treatment Design Package for their
Property. The Homeowner will have the opportunity to review product styles and colors at the
Program Showroom. If necessary, Homeowners will have a final opportunity to adjust their
assigned Bid Cycle, depending on any special scheduling needs and/or circumstances.
b) Determine if the Homeowner will elect to participate further in the Program and, if so, to obtain
the Homeowner's signature on a Homeowner Work Agreement, including the final Acoustical
Treatment Design Package, and an Avigation Easement. Upon obtaining the Homeowner
signature, CONSULTANT shall provide copies of the documents to the Homeowner.
CONSULTANT shall accommodate Homeowners that require additional time for document
review. In no event shall CONSULTANT proceed with development of Bid Package prior to
CONSULTANT's receipt of the signed Avigation Easement and Homeowner Work Agreement.
Scope of Services Jacobs
c) Have the Homeowner select three (3) pre-qualified Construction Contractors from the list of
Construction Contractors. Neither CONSULTANT nor City will influence Homeowners in the
contractor selection process in any way.
d) Homeowner executes work agreement authorizing participation in the program and access for
all design and construction visits.
4.2.6 Bid Package Development
Acoustical Treatment Design Packages will be developed and finalized by CONSULTANT for each
property. CONSULTANT will provide bid packages to the Homeowner selected general contractors.
CONSULTANT shall deliver Bid Packages to the Property for Construction Contractor to pick up at the
Pre-Bid Open House. Each Bid Package will contain the following bid documents (and instructions for
completing each): a) Bidder's Checklist; and b) Bid Form and Bidder's Certificate.
4.2.7 Pre-Bid Open House and Bidder Inquiries
For each Property a Pre-Bid Open House will be scheduled by CONSULTANT at a date and time selected
by the Homeowner from the pre-designated dates for the Bid Cycle. CONSULTANT will contact the
Construction Contractors selected by the Homeowners to notify them of the Pre-Bid Open House
appointment. The Pre-Bid Open House will provide the opportunity for the Homeowner selected
Construction Contractors and their sub-contractors (and suppliers, if required) to view the Home before
preparing their final bids.CONSULTANT will track the schedule of all Pre-Bid Open Houses.
4.2.8 Design Cost Estimating
CONSULTANT shall prepare an Estimate of Construction Costs for each SI Project and such estimate shall
be included for reference in the Bid Tabulation form to be used by CONSULTANT at the Bid Opening.
4.2.9 Bid Opening, Bid Review&Contract Award
CONSULTANT shall conduct a Bid Opening for all Properties included within a Bid Cycle. CONSULTANT
will record each Construction Contractor's bid on a Bid Opening Summary. Following the Bid Opening,
the results will be tabulated on the Bid Tabulation and distributed to all bidders and the City.
CONSULTANT will evaluate the bids for completeness,full responsiveness and price. CONSULTANT will
communicate with each low bidder whose bid is twenty percent (20%) or more below the Estimate of
Construction Costs to determine if all labor and incidental materials were included. CONSULTANT shall
allow Construction Contractors who advise CONSULTANT of a bid error to withdraw their bid without
penalty.
If a Construction Contractor is the low, responsive, and responsible bidder on multiple Projects,
CONSULTANT will consistently monitor contractor performance and capacity to ensure successful
completion of work. may require the Construction Contractor to provide a construction staging plan for
all such Projects. CONSULTANT shall consider the construction staging plan and the Construction
Contractor's past performance, capacity, and quality of work in its formulating its recommendation for
contracts to be awarded for the Bid Cycle.
Scope of Services Jacobs
CONSULTANT shall forward to City a Bid Award Notification and the "Bid Tabulation as Awarded.
CONSULTANT will prepare and submit a "Bid Tabulation as Awarded" to all Construction Contractors.
CONSULTANT will notify all successful bidders of their contract awards.
CONSULTANT will prepare a construction contract for each Project to be executed by the Construction
Contractor. After execution by the Construction Contractor, CONSULTANT will sign the construction
contract and provide a copy to the Construction Contractor. Construction Contractor may order
incidental products or materials only after both parties have executed the construction contract.
4.2.10 Homeowner Notification of Award
CONSULTANT will notify the Homeowner of the Construction Contractor being awarded the construction
contract for their Project.
4.3 Construction Management Services
CONSULTANT shall provide Construction services during the term of this AGREEMENT which shall
include, but not be limited to, the following tasks:
4.3.1 Construction Contractor Outreach
Throughout the term of this Agreement, CONSULTANT will conduct outreach to encourage the
participation of local general contractors and subcontractors in the Program. The Construction
Contractor outreach process will be designed to eventually lead local general contractors to qualification
and inclusion in the CONSULTANT implementation team. CONSULTANT will periodically review and
refine the contractor outreach brochure and presentation materials. CONSULTANT will assist the City
with development and placement of Program outreach advertisements in local newspapers, trade
publications and with local builders' associations.
CONSULTANT will conduct a Contractor Outreach meeting with interested local general contractors.
During Contractor Outreach, CONSULTANT will provide a summary of the Program contractor
requirements and expectations to include: i) general contractor qualifications; ii) Program process
review; iii) contractor performance requirements; iv) contractor meeting requirements; v) contractor
commitment; vi) DBE participation; vii) Program specifications and payment, viii) contractor training
requirements.
4.3.2 Construction Contractor Participation
CONSULTANT shall ensure the following requirements are met in conjunction with Construction
Contractor participation in the Program:
a) Pre-Qualification: CONSULTANT shall implement a pre-qualification process to determine the
eligibility and qualifications of contractors interested in being included on CONSULTANT team.
The pre-qualification process will include review of application, and reference checks.
CONSULTANT shall present a list of contractors it deems to be qualified to the City. Upon
approval, CONSULTANT shall conduct training that shall include the following topics:i) general
contractor qualifications; ii) Contractor performance requirements; iii) Program process; iv)
construction specifications; v) Homeowner selection process; vi) product showroom and
Scope of Services Jacobs
warehouse procedures; vii) bidding process; viii) payment process; and ix) notification that
certification will not assure receipt of any Project assignments. CONSULTANT will enter into a
Contractor Participation Agreement only with general contractors successfully completing the
training. CONSULTANT will provide each new Construction Contractor with a construction
manual. CONSULTANT will maintain the list of qualified Construction Contractors and
periodically provide the list to the City. CONSULTANT will provide on-going Construction
Contractor training as part of the monthly Construction Contractor meeting as otherwise
required herein.
b) Construction Contracts: CONSULTANT shall enter into construction contracts with pre-qualified
Construction Contractors for construction services and procurement of incidental (non-
acoustical) products for each Project. CONSULTANT shall select a Construction Contractor for
each Project based on both, the lowest, responsive and responsible pre-qualified bid and the
Construction Contractor's current workload, scheduling and capability.
c) Prevailing Wage Rate and General Labor Conditions: The provisions of Chapter 2258 of the Texas
Government Code, as amended, are expressly made a part of this contract. CONSULTANT shall
comply with Federal and State law regarding wages to be paid to or hours worked pursuant to
this Agreement, including but not limited to the Davis Bacon labor requirements as set out in 29
CFR Part S.S.
d) Construction Contractor Monitoring: CONSULTANT will observe, monitor and evaluate the
performance of Construction Contractors throughout the construction process and upon the
completion of each Project. Additionally, CONSULTANT will hold an evaluation conference with
each Construction Contractor at least once per calendar year as a means of communicating
strengths, weaknesses and overall performance. Evaluation criteria include, but are not limited
to, Construction Contractor's quality of work and adherence to specifications, program policies
and procedures and construction schedules. The evaluation shall be used by CONSULTANT as a
tool for evaluating a Construction Contractor's overall Program performance and potential
contract capacity.
e) Construction Contractor Payment: Upon successful Final Inspection of the Project and approval
by CONSULTANT team, CONSULTANT shall pay Construction Contractors one payment for the
full amount of the Construction Contract for the Project. Such payment shall be considered full
and final payment for all services rendered by Construction Contractor and any subcontractor on
that Project as well and shall constitute a representation by CONSULTANT to City, based on
CONSULTANT's observations at the site, as required herein, that to the best of CONSULTANT'
knowledge, information and belief, the Construction Contractor completed the Project in
accordance with the plans and specifications and is entitled to payment.
When the above applicable reasons for withholding payment are cured, payment shall be made to
Construction Contractor for amounts previously withheld.
Scope of Services Jacobs
4.3.3 Performance and Payment Bonds
CONSULTANT will prepare the necessary work-on-hand documentation for submittal to the bonding
company and order the Payment and Performance bonds for the Bid Cycle. Upon issuance of the
Payment and Performance Bonds, CONSULTANT will transmit the originals to the City.
CONSULTANT shall provide City with construction performance and payment bonds made payable to
the City of Fort Worth, executed by a corporate surety acceptable by the City who is licensed pursuant to
the Texas Insurance Code in the potential cumulative amount of each Bid Cycle's estimated construction
and product costs only(excluding design, Program and Project administration, construction observation
and testing fees) as estimated by CONSULTANT. Said bonds shall further provide that the surety shall
indemnify the City for all damages or losses resulting from CONSULTANT's construction default. Said
bonds shall further guarantee CONSULTANT's performance of all terms and obligations under the
construction contract awarded. Said bonds must have attached thereto a Power of Attorney as evidence
of authority of the person executing the bond to bind the surety. The bonds must be furnished in
compliance with the statutory requirements of the Texas Government Code, Chapter 2253. The bonds
must be executed and delivered to City prior to commencement of construction work under this
Agreement.
4.3.4 Pre-Construction Activities
Construction Contractors shall apply for and obtain building permits from all governmental authorities
having jurisdiction over a particular Project and such approval and consents from others as may be
necessary for completion of a Project.
Approximately three (3) weeks prior to the Pre-Construction Visit as described in section 4.3.5 below,
CONSULTANT will send reminders to all Construction Contractors awarded work in the Bid Cycle
regarding the necessity to obtain building permits and begin developing construction schedules.
Construction Contractors are required to provide CONSULTANT with a copy of the required permit(s)
one (1) week prior to the Pre-Construction Visit.
All SI Projects within a particular Bid Cycle must be completed by CONSULTANT within a defined thirty-
day (30) construction timeline. These time periods shall be adjusted or extended day-for-day for
excusable delays so long as City does not incur any additional costs for such delays.
The Construction Contractor is required to submit a construction schedule to CONSULTANT three
business days prior to the Pre-Construction Visit. CONSULTANT will review the construction schedule
to determine feasibility of proposed work flow.
4.3.5 Pre-Construction Visits
At the Pre-Construction Visit, CONSULTANT and the Construction Contractor will meet with the
Homeowner at the Eligible Property to review all aspects of the SI Project including the final construction
schedule. The Pre-Construction Visit will give the Homeowner the opportunity to ask any final questions
or make any final paint or stain color selections prior to the start of construction. The Pre-Construction
Visit must be scheduled a minimum of three (3) days prior to the start of construction in order to give
the Homeowner sufficient time to remove window coverings and move furniture.
Scope of Services Jacobs
A lockbox supplied by the Construction Contractor will be placed on each Property from the Pre-
Construction visit through the Final Inspection Visit. The Homeowner will be required to provide a home
key for the lockbox.
4.3.6 Emergencies
In the event that an emergency situation is identified or arises during any phase of a Project which poses
an immediate danger to the health and/or safety to any person or property, CONSULTANT shall take
such steps as are reasonably necessary, including, but not limited to ordering a work stoppage.
4.3.7 Punch List Inspection
Upon substantial completion of the construction work, CONSULTANT shall conduct a punch list
inspection to determine if the work has been completed in accordance with the Project's Scope of Work.
CONSULTANT shall provide the punch list inspection to the Construction Contractor. The Construction
Contractor must complete all punch list items prior to requesting a final inspection.
4.3.8 Coordination of Post Construction Technical Inspection and Testing
CONSULTANT will coordinate and review the technical inspection, testing and reports provided by
acoustical sub-consultants. CONSULTANT shall confirm that all technical inspections and testing
comply with any FAA requirements and grant agreements. The acoustical sub-consultants will prepare
reports and submit to CONSULTANT.
4.3.9 Construction Dispute Management
In the event disputes or claims arise during the SI Project, CONSULTANT will resolve such disputes or
claims using commercially reasonable efforts.
4.3.10 Project Closeout
Upon verification that all construction punch list items are complete, CONSULTANT will conduct a final
inspection to verify all work has been completed (100% completion of Scope of Work). CONSULTANT
shall afford the City the opportunity to participate in the final construction inspection.
For each Project CONSULTANT shall obtain from the Construction Contractor and all sub-contractors
and suppliers and provide to the City releases and waivers of liens or bonds indemnifying City.
CONSULTANT will provide Homeowners with a warranty package to include manufacturer warranties
and maintenance instructions for all products installed, as well as the Construction Contractor's one-
year workmanship warranty. CONSULTANT will provide a Homeowner Exit Survey to Homeowner in
order to obtain feedback and suggestions concerning the Program.
4.3.11 Warranty Repairs
CONSULTANT will assist Homeowners in the coordination of warranty repairs with Construction
Contractors during the one (1)year post-construction workmanship warranty period. Homeowners will
file claims with CONSULTANT during the (1)year post-construction workmanship warranty period.
Scope of Services Jacobs
5.0 PURCHASE ASSURANCE /SALES ASSURANCE /TRANSACTION ASSISTANCE,AND PURCHASE
OF AVIGATION EASEMENTS
Homeowners within the Rivers Edge Subdivision are eligible for Purchase Assurance, Sales Assurance,
and Transaction Assistance to facilitate a timely sale of their property, should they decide to sell. The
Homes are eligible for sound insulation prior to resale. Furthermore, the CONSULTANT must ensure
that eligible buyers have an appropriate disclosure describing the Airport's noise exposure on the
Eligible Property and the intention of the CITY to retain an easement on the property.
5.1 Purchase Assurance(Refer to Exhibit 1, Section#4)
Consultant Services related to Purchase Assurance will be all requirements as listed under section 4 of
the FAA Policies and Procedures Manual attached as Exhibit 1. This includes Services that are to be
conducted by CONSULTANT's subcontractors.
5.2 Sales Assurance(Refer to Exhibit 1, Section#5)
Under Sales Assurance,the appraised market value of the Homeowner's Home is guaranteed on a timely
market sale; however, the airport does not acquire the Eligible Property. A timely market sale shall be
the average number of days on the market as defined by the Greater Denton/Wise County Association
of Realtors for Justin, Texas. Should the Eligible Property sell for less than the appraised value, the
Homeowner is compensated for the shortfall by the CITY. Property is appraised at its current market
value "as is" subject to airport noise. The Eligible Property is listed and sold subject to the Avigation
Easement that is conveyed to the CITY at the sale of the Eligible Property.CONSULTANT Services related
to Sales Assurance will be all requirements as listed under section 5 of the FAA Policies and Procedures
Manual attached as Exhibit 1. This includes Services that are to be conducted by CONSULTANT's
subcontractors.
5.3 Transaction Assistance(Refer to Exhibit 1, Section#6)
Transaction Assistance generally involves an agreement by the CITY to pay certain costs associated with
the sale of Eligible Property. Allowable costs are generally limited to the real estate sales commission.
The Eligible Property is listed and sold subject to the Avigation Easement that is conveyed to the CITY at
the sale of the Eligible Property. Homeowners will have the option to select Transaction Assistance on
or before January 1, 2024.This deadline is one year prior to the PROJECT completion date of December
31,2024. CONSULTANT's Services related to Transaction Assistance will be all requirements as listed
under section 6 of the FAA Policies and Procedures Manual attached as Exhibit 1. This includes Services
that are to be conducted by CONSULTANT's subcontractors.
5.4 Purchase of Avigation Easements(Refer to Exhibit 1, Section#3)
Avigation Easement provided the CITY with a limited form of control on surrounding properties.
CONSULTANT's Services related to Purchase of Avigation Easement will be all requirements as listed
under section 3 of the FAA Policies and Procedures Manual attached as Exhibit 1. This includes Services
that are to be conducted by CONSULTANT's subcontractors.
Scope of Services Jacobs
6.0 EXCLUSIONS AND CLARIFICATIONS
The following exclusions and clarifications expressly apply to this Scope of Services.
1. The City of Fort Worth and the airport operator will timely perform their respective duties
and obligations as set forth in The Policies and Procedures Manual, attached hereto as
Exhibit 1.
2. Identification and abatement of asbestos is expressly excluded.
3. Identification, remediation, removal and transport all pre-existing hazardous materials
are expressly excluded.
4. Geotechnical services are expressly excluded
S. CONSULTANT shall have no liability for pre-existing conditions and damage within a
Home which prevent CONSULTANT from installing any or all sound insulating products.
6. The design will be based on the federal, state, and local codes and standards in effect at
the start of the PROJECT.Any changes in these codes may necessitate a change in Scope
of Services.
7. The provision of on-site security personnel and security systems are excluded from this
Scope of Services. If expressly authorized in writing by Homeowner prior to the provision
of Sound Insulation Work for a SI Project, CONSULTANT will coordinate with the
Homeowner's security vendor to provide infrastructure required for pre-existing security
device support post-installation of sound insulation materials.
EXHIBIT 01
Policies and Procedures Manual
CITY OF FORT WORTH
ALLIANCE AIRPORT
NOISE MITIGATION PROGRAM
POLICIES AND PROCEDURES
MANUAL
Prepared by THC, Inc.
June 30, 2021
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 1. INTRODUCTION..................................................................... 1
I. Purpose................................................................................. ... 2
II. Program Overview.................................................................. 2
III. Program Objectives..................................................................... 2
SECTION 2. NOISE MITIGATION OPTIONS — IMPACTED NEIGHBORHOODS.... 3
I. Rivers Edge Subdivision............................................................. 4
II. Woodland Springs Subdivision..................................................... 4
SECTION 3. PURCHASE OF AVIGATION EASEMENT........................................... 5
I. Description.............................................................................. 6
II. Procedures.............................................................................. 6
SECTION 4. PURCHASE ASSURANCE...................................................... 9
I. Description............................................................................:... 10
IIProcedures.............................................................................. 10
III. Examples................................................................................ 13
SECTION 5. SALES ASSURANCE............................................................... 15
I. Description............................................................................... 16
IIProcedures.............................................................................. 16
III. Examples................................................................................ 18
SECTION 6. TRANSACTION ASSISTANCE................................................... 22
I. Description............................................................................... 23
IIProcedures.............................................................................. 23
III. Examples................................................................................ 24
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 7. SOUND INSULATION OF NON-COMPATIBLE STRUCTURES...... ... 26
I. Acoustical Testing Process.......................................................................27
A. Acoustical Testing to Determine Eligibility...........................27
B. Acoustical Testing Initial Results .........................................30
II. Implementation Process .......................................................................:...32
III. Organization and Staffing .........................................................................34
A. Organization Chart ..............................................................35
B. Acoustical Treatment Consultant Staffing.............................36
IV. Security Background Checks....................................................................40
A. Submission of Application Form ..........................................40
B. Background Review ............................................................41
C. Ethics and Expectation Training ...........................................41
D. Issuance of Photo I.D. Badge..............................................42
V. Office, Showroom and Warehouse ...........................................................42
VI. Development of Sound Insulation Program...............................................42
A. Prioritization Methodology...............................................:...43
B. Database Management.......................................................43
C. Acoustical Treatments.........................................................44
D. Construction Specifications Manual ....................................45
E. Homeowner Outreach, Orientation and Handbook..........:...45
VI I. Contractor Outreach, Qualification and Training .......................................46
A. Contractor Evaluation ..........................................................47
1 . Experience Evaluation................................................47
2. Capacity Evaluation....................................... .. 47
B. Contractor Training..............................................................48
C. Issuance of Photo ID Badge................................................48
D. Contractor Participation Agreement.....................................48
E. Timing of General Contractor Qualification..........................49
VIII. Design Process.........................................................................................49
A. House Inspection Visit.........................................................49
B. Design Visit .........................................................................50
C. Design Package Development ............................................51
D. General Contractor Interview Night and Selection ...............51
E. Design Review Meeting with Homeowners .........................51
F. Avigation Easement and Work Agreement..........................52
G. Bid Package Development ................... 52
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
IX. Bid and Award Process............................................................... 52
A. Pre-Bid Open House................................................. 52
B. Bid Opening and Contract Award.............................. 53
C. Homeowner Notification of Award................................ 53
X. Construction Process.................................................................. 54
A. Product Procurement................................................ 54
B. Pre-Construction Activities......................................... 54
C. Pre-Construction Visit............................................. 54
D. Construction Oversight.............................................. 55
E. Punch List Inspection................................................ 56
F. Final Inspection....................................................... 56
G. Warranty Package and Homeowner Exit Survey............. 56
H. Contractor Payment Process.................................... 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 1 .
INTRODUCTION
Page 1 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
I. PURPOSE
This Policies and Procedures Manual details the guidelines and specifications for the
implementation of the City of Fort Worth Noise Mitigation Program. The policies and
procedures outlined in this manual are based on the results and findings of the Final
Environmental Assessment and Finding of No Significant Impact / Record of Decision as
stated below. While certain policies and procedures have been successfully implemented
at other airports, this manual has been tailored to best suit the needs and interests of the
City of Fort Worth and the affected community, while providing maximum flexibility in its
implementation.
II. PROGRAM OVERVIEW
On September 24, 2018, the Federal Aviation Administration (FAA), Southwest Region,
approved a Final Environmental Assessment (FEA), and issued a Finding of No
Significant Impact (FONSI) / Record of Decision (ROD) for the proposed West Side Air
Cargo Development Project at Fort Worth Alliance Airport, dated October 19, 2018. The
FONSI/ROD outlined specific measures to mitigate the noise impacts experienced by two
(2) neighborhoods: Rivers Edge and Woodland Springs.
III. PROGRAM OBJECTIVES
The primary objective of the City of Fort Worth Noise Mitigation Program is to maintain
the integrity and stability of the subject neighborhoods. The five (5) noise mitigation
alternatives are the methods used to attain this goal, with the Sound Insulation Option
having an additional goal of reducing the interior noise level of a dwelling by a minimum
of five (5) decibels by making modifications to the residence. A detailed explanation will
follow in the section entitled Sound Insulation of Noncompatible Structures.
Page 2 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 2.
NOISE MITIGATION OPTIONS
FOR
IMPACTED NEIGHBORHOODS
Page 3 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
NOISE MITIGATION OPTIONS FOR
IMPACTED NEIGHBORHOODS
As previously stated, the Finding of No Significant Impact (FONSI) / Record of Decision
(ROD) for the proposed West Side Air Cargo Development Project at Fort Worth Alliance
Airport, dated October 19, 2018, outlined specific measures to mitigate the noise impacts
experienced by two (2) neighborhoods, Rivers Edge and Woodland Springs, as follows:
I. RIVERS EDGE SUBDIVISION
A significant portion of the Rivers Edge subdivision experiences a DNL 1 .5 dB increase
in airport noise and therefore, five (5) alternative noise mitigation methods are being
offered to all 264 residents, as follows:
• Purchase ofAvigation Easements
• Purchase Assurance
• Sales Assurance
• Transaction Assistance
• Sound Insulation of Noncompatible Structures
(Acoustical Eligibility Testing Required)
II. WOODLAND SPRINGS SUBDIVISION
Thirty (30) homes in the Woodland Springs subdivision that chose not to participate in the
2010 Part 150 Noise Mitigation Program, and are within the DNL 65 dB noise contour,
are once again being offered an opportunity to participate in the City of Fort Worth Noise
Mitigation Program. They are being offered the following noise mitigation option.
• Purchase ofAvigation Easements
Each of the noise mitigation options will be explained in detail within this Policies and
Procedures Manual.
Page 4 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 3.
PURCHASE OF
A VIGA TION EA SEMEN TS
Page 5 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
PURCHASE OF AVIGATION EASEMENTS
I. DESCRIPTION
An eligible homeowner may choose to sell an avigation easement to the City of Fort Worth
versus participating in the acoustical treatment program, or either of the three property
sales options.
An avigation easement is a conveyance of airspace over another property for use by the
airport. Easement rights acquired typically include the "right of flight" of aircraft, the right
to cause noise, dust, etc., the right to remove all objects protruding into the airspace
together with the right to prohibit future obstructions or interference in the airspace, and
the right of ingress/egress onto the property to exercise the rights acquired by the airport
sponsor, in this case, the City of Fort Worth. A typical example is the removal of trees, or
partial removal of trees, that may penetrate designated Part 77 approach and departure
surfaces. However, this easement is not limited to tree or plant growth. The avigation
easement prevents current or future property owners from erecting anything, such as a
radio or cell phone towers, buildings, etc., that penetrates Part 77 surfaces. The avigation
easement also prevents the current or future property owners from creating any electrical
interference or lighting that may adversely impact normal airport operations. The avigation
easement is recorded on the deed to the property and runs in perpetuity in the name of
the City of Fort Worth.
The avigation easement option is available to all 264 properties in the Rivers Edge
subdivision and 30 properties in the Woodland Springs neighborhood. This document
describes the procedures necessary for the implementation of the avigation easement
option.
II. PROCEDURES
1 . The City of Fort Worth will select an appraiser from their certified list of appraisers
to perform a market analysis to determine one lump-sum payment to be paid for
an avigation easement over any eligible property. Appraisal guidance of an
avigation easement is provided at FAA AC 150/5100-17, Section 2.2.9.
2. The appraiser will attempt to identify real estate sales from the subject
neighborhoods that have sold with recorded avigation easements on the deeds to
the property.
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3. The appraiser will also identify real estate sales from the subject neighborhoods
that have sold without recorded avigation easements on the deeds to the property.
4. This data will form the basis of the appraiser's market analysis which will determine
a lump-sum payment for an avigation easement.
5. The City of Fort Worth will select another appraiser from their certified list of
appraisers to perform a review of the appraiser's market analysis.
6. Any items of disagreement or discrepancies in the market analysis must be agreed
upon and finalized between the appraiser and the review appraiser to determine
the approved lump-sum payment for an avigation easement. This will represent
the final market analysis.
7. The final market analysis will be submitted to THC for review prior to submittal to
the City of Fort Worth.
8. If there are any questions or items for clarification, THC will consult with both
appraisers to resolve these questions.
9. THC will submit the final market analysis to the City of Fort Worth for final approval.
10. Once all parties agree with the final market analysis, THC will publish the lump-
sum amount for all eligible property owner's information.
11 . If a homeowner selects the avigation easement option, THC will proceed with
securing the option to sell the avigation easement.
12. THC will direct a title attorney to prepare a title examination to identify all rightful
owners of the subject property.
13. THC will meet with the homeowner(s) to discuss the program and initiate
participation.
14. Homeowner signs a participation agreement. Signing this agreement requires the
homeowner to grant an avigation easement to the City of Fort Worth.
15. If applicable, THC will communicate with the homeowner's lender to obtain lender's
consent to the avigation easement.
16. The avigation easement will be held in escrow until lender's consent is received.
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17. THC will forward the signed avigation easement and lender consent to the City of
Fort Worth and request the lump-sum check for payment.
18. The City of Fort Worth will send the check to the homeowner for the avigation
easement via US mail or direct deposit.
19. The City of Fort Worth records the avigation easement and the lender consent(s),
at the County courthouse.
20. Either the City of Fort Worth or the title company will issue a 1099S form, if
warranted, depending on the amount of the avigation easement.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 4.
PURCHASE ASSURANCE
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
PURCHASE ASSURANCE
I. DESCRIPTION
The airport operator may have to purchase the property and resell it while retaining an
avigation easement. Under Purchase Assurance, a property that fails to sell within a
specified time is purchased by the airport operator and then resold for continued
residential use. The airport operator purchases the property at the appraised market value
"as is" subject to airport noise.
II. PROCEDURES
1. THC will direct a title attorney to prepare a title examination to identify all rightful
owners of the subject property.
2. THC meets with the homeowner to discuss the program and initiate participation.
3. Homeowner signs a participation agreement. Signing this agreement requires the
homeowner to grant an avigation easement to the City of Fort Worth.
4. Homeowners select an appraiser from the City of Fort Worth's approved appraiser
list.
5. THC meets with the appraiser and homeowners to explain the Purchase
Assurance Program to the appraiser. Appraisal is to be performed "as is" with no
avigation easement in place on the subject property.
6. Appraiser completes the appraisal of the subject property.
7. Homeowner provides a copy of the appraisal to THC.
8. THC has the appraisal reviewed by another approved appraiser from the City of
Fort Worth's approved appraisers list. The review appraisal is necessary because
the City of Fort Worth must acquire the property outright if it does not sell within
the listing term. Thus, it is imperative for the homeowners and the City of Fort Worth
to agree on the fair market value of the subject property.
9. Any items of disagreement or discrepancies in the appraisal must be agreed upon
and finalized between the appraiser and the review appraiser to determine the
approved fair market value of the subject property.
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10. Homeowners select a licensed Realtor to list the property for the agreed upon
appraised amount.
11 . Homeowner provides THC with a copy of a signed listing agreement with their
Realtor.
12. THC meets with the homeowner and their Realtor to explain the Purchase
Assurance Program. The listing must disclose upon sale of the property, the City
of Fort Worth will retain an avigation easement on the title of the property.
13. Homeowner, Realtor and THC agree to the typical days on market for the specific
neighborhood.
14. Typical "days on market" times a multiplier of 3 becomes the term of the listing
agreement.
15. Homeowner, Realtor and THC agree to the average sales-to-list-price ratio for the
specific neighborhood.
16. The homeowner must accept any offer presented by the Realtor that is equal to,
or greater than, the agreed upon sales-to-list-price ratio.
17. Homeowner pays their share of the Realtor's commission (typically half).
18. Homeowner pays the closing costs on their sale of their property (typically 100%
unless the purchaser is securing a mortgage).
19. If the homeowner sells their property for 100% or greater than the listed price, the
City of Fort Worth will pay the homeowner (seller) the value of the avigation
easement in exchange for the avigation easement. This amount will be determined
by a market analysis performed by an independent appraiser and reviewed by
another independent appraiser. Both appraisers will be selected by the City of Fort
Worth from their certified approved appraiser list.
20. THC will forward the signed avigation easement to the City of Fort Worth and
request the lump-sum check for payment.
21 . The City of Fort Worth will send the check to the homeowner for the avigation
easement via US mail or direct deposit.
22. The City of Fort Worth records the avigation easement at the County courthouse.
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23. Either the City of Fort Worth or the title company will issue a 1099S form, if
warranted, depending on the amount of the avigation easement.
24. City of Fort Worth must purchase the subject property if no offers are received
equal to, or greater than, the average sales-to-list-price ratio, after the listing term
expires.
25. If the subject property did not sell within the listing term, there is no commission
due to the Realtor.
26. If the subject property is owned by an absentee-owner (landlord), and is occupied
by tenants, and if the City must purchase the property, the tenants are considered
displaced and eligible for relocation benefits as described in the Uniform
Relocation Act of 1970, as amended.
27. The homeowner pays the closing costs on the sale of the subject property.
28. The City of Fort Worth takes possession of the subject property.
29. The City of Fort Worth directs THC to proceed with acoustical treatment of the
subject property prior to listing it for sale.
30. THC acoustically treats the subject property.
31 . THC meets with a licensed Realtor to determine a fair list price for the property.
32. Realtor lists the property for sale and presents all offers to THC for consideration.
33. THC presents any reasonable offer to a City of Fort Worth representative for City
Council approval.
34. Contract to sell is agreed to between purchaser and THC, based on the Realtor's
presented offer, as approved by the City of Fort Worth.
35. City of Fort Worth will pay the Realtor's commission (a percentage orwhole) based
on current real estate market conditions.
36. City of Fort Worth pays closing costs on the sale of the subject property but does
not pay any closing costs associated with a purchaser obtaining financing.
Purchaser is responsible for any closing costs associated with obtaining a
mortgage.
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111. EXAMPLES
Scenario 1 - House appraises for $100,000. The agreed upon average sales-to-list-price
ratio is 95%. Therefore, any offer presented by the Realtor of $95,000 or greater MUST
be accepted by the homeowners. The homeowners pay their share of the Realtor's
commission (typically half of the commission). The full commission is typically 6% of the
sales price, so the homeowner would be responsible for 3% of the Realtor's commission.
The homeowner pays the closing costs on the sale of the subject property (all closing
costs except any costs associated with the purchaser obtaining financing). Closing costs,
without financing costs for a purchaser, are typically around 3% of the sales price.
Summary of Scenario 1:
• Purchaser pays seller (our homeowner and program participant)$95,000.
• Homeowner pays 3% of Realtor's commission, or$2,850.
• Purchaser pays remaining 3% of Realtor's commission, or$2,850.
• Homeowner pays closing costs at$2,850.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth has no expenses yet retains an avigation easement on the
property.
Scenario 2 - The homeowners are not required to accept any offer under the agreed upon
sales-to-list-price ratio. If no offers are presented equal to, or greater than, the average
sales-to-list-price ratio (95% in this example), and the listing term expires, the City of Fort
Worth MUST purchase the subject property for 100% of the appraisal amount (listed
price). The City of Fort Worth retains the avigation easement. The seller (our participating
homeowner) pays the closing costs associated with the sale. Closing costs, without
financing costs for a purchaser, are typically around 3% of the sales price. No Realtor's
commission is owed.
Summary of Scenario 2:
• City of Fort Worth pays seller (our homeowner and program participant) $100,000.
• No Realtor's commission is owed since the property did not sell during the listing
term.
• Homeowner pays closing costs at $2,850.
• City of Fort Worth pays to have the subject property acoustically treated.
• City of Fort Worth lists the house for sale with a Realtor.
• Realtor sells the house, and the City of Fort Worth receives the sales price,
hopefully recouping the amount paid to the homeowner($100,000 in this example).
• City of Fort Worth pays a percentage, or the whole amount, of the Realtor's
commission based on current real estate market conditions.
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• Purchaser pays remaining percentage of Realtor's commission if current real
estate market conditions mandate a split commission.
• City of Fort Worth pays closing costs.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
Scenario 3 - The homeowner receives an offer equal to, or greater than, 100% of the
listed fair market value. The City of Fort Worth pays the homeowner the lump-sum
avigation easement amount in exchange for the avigation easement over the property.
The homeowner pays their share of the Realtor's commission (typically half of the
commission). The full commission is typically 6% of the sales price, so the homeowner
would be responsible for 3% of the Realtor's commission. The homeowner pays the
closing costs on the sale of the subject property (all closing costs except any costs
associated with the purchaser obtaining financing). Closing costs, without financing costs
for a purchaser, are typically around 3% of the sales price.
Summary of Scenario 3:
• Purchaser pays seller (our homeowner and program participant)$105,000.
• City of Fort Worth pays the homeowner the established lump-sum amount for an
avigation easement.
• Homeowner pays 3% of Realtor's commission, or$3,150.
• Purchaser pays remaining 3% of Realtor's commission, or$3,150.
• Homeowner pays closing costs at$3,150.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 5.
SALES ASSURANCE
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SALES ASSURANCE
I. DESCRIPTION
The airport operator may have to participate in the sale of the property, but not acquire it
outright, and receive an avigation easement in exchange for its participation. Under sales
assurance, the appraised market value of the homeowner's residence is guaranteed on
a timely market sale; however, the airport does not acquire the property. Should the
property sell for less than the appraised value, the selling owner is compensated for the
shortfall by the airport operator based on a sliding scale. Property is appraised at its
current market value "as is" subject to airport noise. The property is listed and sold subject
to the airport's avigation easement that is conveyed to the airport operator at the sale of
the property.
II. PROCEDURES
1. THC will direct a title attorney to prepare a title examination to identify all rightful
owners of the subject property.
2. THC meets with the homeowner to discuss the program and initiate participation.
3. Homeowner signs a participation agreement. Signing this agreement requires the
homeowner to grant an avigation easement to the City of Fort Worth.
4. If applicable, THC will communicate with the homeowner's lender to obtain lender's
consent to the avigation easement.
5. The avigation easement will be held in escrow until lender's consent is received.
6. Homeowner selects an appraiser from the City of Fort Worth's approved appraiser
list.
7. THC meets with the appraiser and homeowners to explain the Sales Assurance
Program to the appraiser. Appraisal is to be performed "as is" with no avigation
easement in place on the subject property.
8. Appraiser completes the appraisal of the subject property.
9. Homeowner provides a copy of the appraisal to THC.
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10. A review appraisal is not necessary since there is no option for the City of Fort
Worth to purchase the subject property under the Sales Assurance option.
11 . Homeowners select a licensed Realtor to list the property for the appraised
amount.
12. Homeowner provides THC with a copy of a signed listing agreement with their
Realtor.
13. THC meets with the homeowner and their Realtor to explain the Sales Assurance
Program. The listing must disclose upon sale of the property, the City of Fort Worth
will retain an avigation easement on the title of the property.
14. Homeowner, Realtor and THC agree to the typical days on market based on listing
term of Realtor's contract (typically 90 days).
15. If the homeowner sells their property for 100% or greater than the listed price, the
City of Fort Worth will pay the homeowner (seller) the value of the avigation
easement in exchange for the avigation easement. This amount will be determined
by a market analysis performed by an independent appraiser and reviewed by
another independent appraiser. Both appraisers will be selected by the City of Fort
Worth from their certified approved appraiser list.
16. THC will forward the signed avigation easement to the City of Fort Worth and
request the lump-sum check for payment.
17. The City of Fort Worth will send the check to the homeowner for the avigation
easement via US mail or direct deposit.
18. The City of Fort Worth records the avigation easement at the County courthouse.
19. Either the City of Fort Worth or the title company will issue a 1099S form, if
warranted, depending on the amount of the avigation easement.
20. If the homeowner receives an offer that is 95% or more of the appraised amount
of the subject property, the City of Fort Worth will pay 100% of the difference
between the appraised amount and the offer amount.
21 . If the homeowner receives an offer that is equal to 90% to 94.99% of the appraised
amount of the subject property, the City of Fort Worth will pay 75% of the difference
between the appraised amount and the offer amount.
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22. If the homeowner receives an offer that is equal to 80% to 89.99% of the appraised
amount of the subject property, the City of Fort Worth will pay 50% of the difference
between the appraised amount and the offer amount.
23. In either of these Sales Assurance options, the City of Fort Worth will issue the
appropriate check to THC in the name of the homeowner. THC will attend the
closing and deliver the check to the homeowner, or homeowners closing attorney.
24. If the homeowner receives an offer that is less than 80% of the appraised amount
of the subject property, the City of Fort Worth will only pay the homeowner's share
of the Realtor's commission, which is typically 3% of the sales price of the property.
25. Homeowner pays their share of the Realtors commission (typically half, or 3% of
the sales price) if the subject property sells for 80% or more of the appraised
amount.
26. Homeowner pays the closing costs on their sale of their property (typically 3% of
the sales price unless the purchaser is securing a mortgage).
27. The City of Fort Worth records the avigation easement at the County courthouse.
111. EXAMPLES
Scenario 1 - House appraises for $100,000. The Realtor lists the subject property for
$100,000. The Realtor presents the homeowner with an offer to purchase of $95,000. If
the homeowner accepts the offer, then the City of Fort Worth would pay the homeowner
the balance amount, which is $5,000 in this example. The homeowners pay their share
of the Realtor's commission (typically half of the commission). The full commission is
typically 6% of the sales price, so the homeowner would be responsible for 3% of the
Realtor's commission. The homeowner pays the closing costs on the sale of the subject
property (all closing costs except any costs associated with the purchaser obtaining
financing). Closing costs, without financing costs for a purchaser, are typically around 3%
of the sales price.
Summary of Scenario 1:
• Subject Property is appraised for and listed for$100,000.
• Purchaser pays seller (our homeowner and program participant)$95,000.
• City of Fort Worth pays homeowner$5,000.
• Total amount received by the homeowner for the sale of the subject property is
$100,000, or 100% of the appraised amount.
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• Homeowner pays 3% of Realtor's commission, or$2,850.
• Purchaser pays remaining 3% of Realtor's commission, or$2,850.
• Homeowner pays closing costs at$2,850.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
Scenario 2 - House appraises for $100,000. The Realtor lists the subject property for
$100,000. The Realtor presents the homeowner with an offer to purchase of $90,000. If
the homeowner accepts the offer, then the City of Fort Worth would pay the homeowner
75% of the difference between the appraised amount ($100,000) and the offer amount
($90,000), or $7,500 ($10,000 x 75%). The homeowners pay their share of the Realtor's
commission (typically half of the commission). The full commission is typically 6% of the
sales price, so the homeowner would be responsible for 3% of the Realtor's commission.
The homeowner pays the closing costs on the sale of the subject property (all closing
costs except any costs associated with the purchaser obtaining financing). Closing costs,
without financing costs for a purchaser, are typically around 3% of the sales price.
Summary of Scenario 2:
• Subject Property is appraised for and listed for$100,000.
• Purchaser pays seller (our homeowner and program participant)$90,000.
• City of Fort Worth pays homeowner $7,500 (75% of the difference between the
appraised amount and the offer amount).
• Total amount received by the homeowner for the sale of the subject property is
$97,500 ($90,000 + $7,500).
• Homeowner pays 3% of Realtor's commission, or$2,700.
• Purchaser pays remaining 3% of Realtor's commission, or$2,700.
• Homeowner pays closing costs at$2,700.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
Scenario 3 - House appraises for $100,000. The Realtor lists the subject property for
$100,000. The Realtor presents the homeowner with an offer to purchase of $85,000. If
the homeowner accepts the offer, then the City of Fort Worth would pay the homeowner
50% of the difference between the appraised amount ($100,000) and the offer amount
($85,000), or $7,500 ($15,000 x 50%). The homeowners pay their share of the Realtor's
commission (typically half of the commission). The full commission is typically 6% of the
sales price, so the homeowner would be responsible for 3% of the Realtor's commission.
The homeowner pays the closing costs on the sale of the subject property (all closing
costs except any costs associated with the purchaser obtaining financing). Closing costs,
without financing costs for a purchaser, are typically around 3% of the sales price.
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Summary of Scenario 3:
• Subject Property is appraised for and listed for$100,000.
• Purchaser pays seller (our homeowner and program participant)$85,000.
• City of Fort Worth pays homeowner $7,500 (50% of the difference between the
appraised amount and the offer amount).
• Total amount received by the homeowner for the sale of the subject property is
$92,500 ($85,000 + $7,500).
• Homeowner pays 3% of Realtor's commission, or$2,550.
• Purchaser pays remaining 3% of Realtor's commission, or$2,550.
• Homeowner pays closing costs at $2,550.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
Scenario 4 - House appraises for $100,000. The Realtor lists the subject property for
$100,000. The Realtor presents the homeowner with an offer to purchase of $79,000. If
the homeowner accepts the offer, then the City of Fort Worth is not required to pay any
additional compensation relative to the appraised amount of the subject property because
the offer amount is less than 80% of the appraised amount of the subject property.
Although this scenario is unlikely, it typically proves that the appraisal amount was
excessive. The City of Fort Worth will pay the seller's share of the Realtor's commission
(typically half of the commission, or 3% of the sales price). The purchaser pays the
remaining 3% of the Realtor's commission. The homeowner pays the closing costs on the
sale of the subject property (all closing costs except any costs associated with the
purchaser obtaining financing). Closing costs, without financing costs for a purchaser, are
typically around 3% of the sales price.
Summary of Scenario 4:
• Subject Property is appraised for and listed for$100,000.
• Purchaser pays seller (our homeowner and program participant)$79,000.
• City of Fort Worth pays nothing to the homeowner because the accepted offer is
less than 80% of the appraised amount of the subject property.
• Total amount received by the homeowner for the sale of the subject property is
$79,000.
• City of Fort Worth pays 3% of Realtor's commission, or$2,370.
• Purchaser pays remaining 3% of Realtor's commission, or$2,370.
• Homeowner pays closing costs at$2,370.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
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Scenario 5 - The homeowner receives an offer equal to, or greater than, 100% of the
listed fair market value. The City of Fort Worth pays the homeowner the lump-sum
avigation easement amount in exchange for the avigation easement over the property.
The homeowner pays their share of the Realtor's commission (typically half of the
commission). The full commission is typically 6% of the sales price, so the homeowner
would be responsible for 3% of the Realtor's commission. The homeowner pays the
closing costs on the sale of the subject property (all closing costs except any costs
associated with the purchaser obtaining financing). Closing costs, without financing costs
for a purchaser, are typically around 3% of the sales price.
Summary of Scenario 5:
• Purchaser pays seller (our homeowner and program participant)$105,000.
• City of Fort Worth pays the homeowner the established lump-sum amount for an
avigation easement.
• Homeowner pays 3% of Realtor's commission, or$3,150.
• Purchaser pays remaining 3% of Realtor's commission, or$3,150.
• Homeowner pays closing costs at$3,150.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 6.
TRANSACTION ASSISTANCE
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
TRANSACTION ASSISTANCE
I. DESCRIPTION
The airport operator is only responsible for paying the Realtor's sales commission if the
house sells under this option. Transaction assistance generally involves an agreement by
the airport operator to pay certain costs associated with the sale of residential property.
Allowable costs are generally limited to the real estate sales commission. The property
is listed and sold subject to the airport's avigation easement that is conveyed to the airport
operator at the sale of the property.
II. PROCEDURES
1. THC will direct a title attorney to prepare a title examination to identify all rightful
owners of the subject property.
2. THC meets with the homeowner to discuss the program and initiate participation.
3. Homeowner signs a participation agreement. Signing this agreement requires the
homeowner to grant an avigation easement to the City of Fort Worth.
4. There is no requirement for an appraisal or review appraisal under this option.
5. Homeowners select a licensed Realtor to list the property for an amount agreed to
between the homeowner and the Realtor.
6. Homeowner provides THC with a copy of a signed listing agreement with their
Realtor.
7. THC meets with the homeowner and their Realtor to explain the Transaction
Assistance Program. The listing must disclose the presence of an avigation
easement, owned by the City of Fort Worth, on the title of the property.
8. Homeowner, Realtor and THC agree to the typical days on market based on listing
term of Realtor's contract (typically 90 days).
9. If the homeowner receives and accepts an offer to acquire the subject property,
the City of Fort Worth will pay 100% of the Realtor's commission.
10. The City of Fort Worth will issue the appropriate check to THC in the name of the
homeowner. THC will attend the closing and deliver the check to the Realtor.
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11 . Although highly unlikely, if the homeowner does not accept an offer to sell the
subject property, the City of Fort Worth is not responsible for any costs associated
with the Transaction Assistance option.
12. If the subject property does not sell, the City of Fort Worth should consider allowing
the homeowner to participate in the Avigation Easement Purchase option.
13. If the homeowner participates in the Avigation Easement Purchase option, they will
receive the established lump-sum avigation easement compensation amount.
14. THC will forward the signed avigation easement and lender consent to the City of
Fort Worth and request the lump-sum check for payment.
15. The City of Fort Worth will send the check to the homeowner for the avigation
easement via US mail or direct deposit.
16. The City of Fort Worth records the avigation easement at the County courthouse.
17. Either the City of Fort Worth or the title company will issue a 1099S form, if
warranted, depending on the amount of the avigation easement.
111. EXAMPLES
Scenario 1 - The Realtor lists the subject property for$100,000. The Realtor presents the
homeowner with an offer to purchase the subject property for$100,000 (under this option
it can be any amount). If the homeowner accepts the offer, then the City of Fort Worth
would pay 100% of the Realtor's commission, or $6,000. The full commission is typically
6% of the sales price. The homeowner pays the closing costs on the sale of thesubject
property (all closing costs except any costs associated with the purchaserobtaining
financing), or $3,000. Closing costs, without financing costs for a purchaser, are typically
around 3% of the sales price.
Summary of Scenario 1:
• Subject Property is listed for$100,000.
• Homeowner accepts an offer to sell the subject property for$100,000.
• City of Fort Worth pays 100% of Realtor's commission, or$6,000.
• Homeowner pays closing costs at$3,000.
• Purchaser pays any closing costs associated with their financing needs.
• City of Fort Worth retains an avigation easement on the property.
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Scenario 2 - The Realtor lists the subject property for $100,000. The homeowner accepts
no offers from the Realtor to sell the subject property during the listing term. The City of
Fort Worth allows the homeowner to participate in the Avigation Easement Purchase
option. The homeowner accepts the established payment for the avigation easement. The
City of Fort Worth retains an avigation easement on the property.
Summary of Scenario 2:
• Subject Property is listed for$100,000.
• Homeowner accepts no offers to sell the subject property.
• City of Fort Worth has no expenses under this scenario.
• City of Fort Worth allows the homeowner to participate in the avigation easement
program if they so choose.
• City of Fort Worth pays the established lump-sum avigation easement amount to
the homeowner.
• City of Fort Worth retains an avigation easement on the property.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SECTION 7.
SOUND INSULATION OF NON=
COMPATIBLE S TRUC TURES
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
SOUND INSULATION OF NON-COMPATIBLE STRUCTUES
I. ACOUSTICAL TESTING PROCESS
A. ACOUSTICAL TESTING TO DETERMINE ELIGIBILITY
Appendix R of the "Airport Improvement Program (AIP) Handbook, FAA Order 5100.38D,
requires airports to develop an Acoustical Test Plan for the Federal Aviation
Administration (FAA) to review prior to commencing acoustical testing for the
determination of eligibility to participate in a Noise Mitigation Program.
The AFW Noise Mitigation Program is a result of the West Side Air Cargo Development
Project approved by the FAA in October 2018. The Record of Decision (ROD) from the
FAA approved mitigation program that included, among multiple options, the sound
insulation of noncompatible structures. The ROD approved noise mitigation for all 264
properties in the Rivers Edge Subdivision.
As of October 1 , 2015, any new properties entering construction in a mitigation program
must meet the "2-tier" eligibility criteria, as outlined in FAA Order 5100.38D, "Airport
Improvement Program (AIP) Handbook, Appendix R, Noise Compatibility
Planning/Projects", Change 1 , dated February 26, 2019. The eligibility criteria state that:
1) Properties must be located within an approved 65 DNL NEM contour; and
2) Properties must have an average interior DNL value of 45 dB or greater.
The DNL 45 standard has been adopted by the FAA for interior noise. This is based on
46 Federal Register 8316 (January 26, 1981), which established the interim rule for 14
CFR Part 150 and included specific requirements regarding interior noise level. This was
further clarified in 1992 by the Federal Interagency Committee on Noise (FICON) findings
of DNL 45 to be the interior noise level that will accommodate indoor conversations or
sleep.
Pursuant to the AIP Handbook, residential units with interior noise levels that are less
than DNL 45 dB are compatible and not eligible for sound insulation treatments. The
acoustical consultant will conduct pre-construction acoustical testing for all habitable
rooms within a specific residential unit to determine the measured existing interior DNL
(dB) noise level. Habitable rooms are, by definition, considered to be living rooms, dining
rooms, family rooms, bedrooms, offices, kitchens and dens.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
Non-habitable rooms include bathrooms, foyers, laundry rooms, garages, hallways and
rooms that may not meet local building codes. All noise measurements will be conducted
in accordance with the procedures set forth by ASTM E966-10. Measurements will be
taken using an artificial noise source to determine the noise level reduction (NLR) in
decibels (dB) which will then be used to identify the types of acoustical treatments
necessary to meet the program and FAA goals.
The eligibility criteria expressed in 5100.38D applies to all properties in the Rivers Edge
Subdivision and, as such, the properties are subjected to the eligibility testing
requirements defined in the Acoustical Test Plan prepared by Landrum & Brown, dated
November 12, 2020.
The initial testing phase begins with a windshield property survey in which the
neighborhood is characterized by identifying the housing types, level of noise exposure
(i.e., location within the noise contour) and address, and also describing the acoustical
issues, number of residences to be tested, the testing criteria and testing methodology.
The windshield property survey for all 264 single-family residences in the Rivers Edge
Subdivision was conducted on November 2, 2020, by representatives of Landrum &
Brown and THC, Inc. The property information collected consisted of:
• Type of building
• Exterior construction
• Number of levels
• Roof styles
• Presence of unusual openings; and
• Other factors that could impact the acoustical testing.
The Rivers Edge Subdivision consists of 264 one- and two-story single-family residences,
built between about 2007 and 2013. The property survey revealed that approximately 166
homes are one-story and 98 are two-story homes. Further, 64 one-story homes and29
two-story homes are outside the 65 DNL, while 102 one-story homes and 69 two-story
homes are inside the 65 DNL.
Homes are generally wood-frame construction with brick and/or stone exterior on the first
floor. Second floor is a combination of brick, stone and wood siding, likely of Hardie Board
construction. The roof construction is a typical pitched roof with attic space and
presumably some level of insulation. With one exception, the windows were generally
aluminum windows, likely dual-glazed, in excellent condition.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
The property survey revealed five (5) building styles, as follows:
• Building Style A: 1-story with flush front facade (98 homes).
• Building Style B: 1-story with setback front facade (68 homes).
• Building Style C: 2-story with full 2nd floor and windows over garage (58
homes).
• Building Style D: 2-story with partial 2nd floor (24 homes).
• Building Style E: 2-story with full 2nd floor and no windows over garage (16
homes).
In accordance with the Acoustical Test plan developed for the Fort Worth Alliance Airport
(AFW) Noise Mitigation Program, acoustical testing for eligibility was undertaken on
roughly 10%, or a minimum of two (2), of each building style and location. A total of 37
units were tested, which represented the aforementioned 10%, with testing conducted in
all habitable rooms having an exterior element. Per the AIP Handbook, habitable rooms
are defined as living, sleeping, eating or cooking areas. This would include living rooms,
family rooms, dining rooms, bedrooms, kitchens and offices. Bathrooms, closets, halls,
vestibules, foyers, stairways, unfinished basements, garages, storage and utility spaces
are not considered to be habitable space. In addition, spaces not allowed under local
building codes are not considered habitable.
The exterior noise levels are based on the results of the year 2025 proposed project. This
information is calculated (modeled) and are based on using data from the most recent set
of modeled DNL noise contours (long-term average noise levels).
The 65 DNL noise contours for this project run through the Rivers Edge Subdivision. For
properties located inside of the 65 DNL noise contour, a DNL of 70 dB was used as the
exterior DNL for the calculation of interior DNL levels. This represents the higher end of
the 65 to 70 DNL noise contours in which the properties are located. For properties
located outside of the 65 DNL noise contour, a DNL of 65 dB was used as the exterior
DNL for the calculation of interior DNL levels. This represents the higher end of the 60 to
65 DNL noise contours in which the properties are located.
Properties that have average interior DNL noise levels equal to, or greater than, 45 dBA
would be considered noise impacted. In any calculation using interior DNL, the interior
DNL value will be rounded up. For example, an interior DNL of 44.5, or above, will be
rounded up to 45.
The final determination of eligibility is based on the following:
• If more than 50% of the properties in any one category test eligible, then all
properties in that category are eligible.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
• If less than 50% of the properties in any one category test eligible, then all
properties in that category will have to be tested for eligibility.
B. ACOUSTICAL TESTING INITIAL RESULTS
Acoustical testing was completed at 37 homes, consisting of five (5) separate categories
and two (2) separate noise levels (DNL 65 and DNL 70) during the period of February 8
through February 20, 2021 . A total of 24 properties were tested inside the 65 DNL (65-
70) noise contours. The average interior DNL for all 24 residences ranged from 48 to 52
DNL. The eligibility by building category for the properties inside the 65 DNL noise contour
is as follows:
• Building Category A: 7 out of 7 properties tested eligible (100%) — all 67
properties in the category are eligible for treatment
• Building Category B: 5 out of 5 properties tested eligible (100%) — all 35
properties in the category are eligible for treatment.
• Building Category C: 5 out of 5 properties tested eligible (100%) — all 43
properties in the category are eligible for treatment.
• Building Category D: 3 out of 3 properties tested eligible (100%) — all 16
properties in the category are eligible for treatment.
• Building Category E: 4 out of 4 properties tested eligible (100%) — all 10
properties in the category are eligible for treatment.
A total of 13 properties were tested outside the 65 DNL (<65) noise contours. The average
DNL for all 13 residences ranged from 43 to 46 DNL. The eligibility by building category
for the properties outside the 65 DNL noise contour is as follows:
• Building Category A: 1 out of 3 properties tested eligible (33%) — 2 properties
tested are not eligible and the remaining 28 properties in the category require
additional testing.
• Building Category B: 1 out of 3 properties tested eligible (33%) — 2 properties
tested are not eligible and the remaining 30 properties in the category require
additional testing.
• Building Category C: 2 out of 3 properties tested eligible (67%) — all 15
properties in the category are eligible for treatment.
• Building Category D: Neither of the 2 properties tested eligible (0%)—remaining
6 properties require additional testing.
• Building Category E: 2 out of 2 properties tested eligible (100%) — all 6
properties in the category are eligible for treatment.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
A summary of property eligibility for properties in the Rivers Edge Subdivision follows:
• 194 properties would be eligible for noise mitigation treatments as the average
interior DNL levels in the properties tested would be at 45 dB or above in a
minimum of 50% of the buildings tested in each category.
• 6 properties would not be eligible for noise mitigation treatments as the average
interior DNL levels in the properties tested would be below 45 dB in less than
50% of the buildings tested in each category.
• 64 properties would require additional testing before eligibility for noise
mitigation treatments can be verified as the average interior DNL levels in the
properties tested would be below 45 dB in less than 50% of the buildings tested
in each category.
For additional details, reference the Program Eligibility Report— Fort Worth Alliance
Airport Noise Mitigation Program prepared by Landrum & Brown, dated March 2021 .
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
II. IMPLEMENTATION PROCESS
The Acoustical Treatment Consultant (ATC) will utilize a design-bid-build approach in the
daily implementation of the Noise Mitigation Program (NMP). A significant advantage of
the design-bid-build approach is that the qualified general contractors become
participating team members.
In a traditional sound insulation program, the consultant and qualified general contractors
are contracted as separate entities with the program sponsor. While the ATC is typically
responsible for providing overall program management, including general administration,
homeowner liaison, public communication, design and construction management
services, the general contractor is independently responsible for providing all construction
services consistent with Federal, State and local codes and regulations.
In the City of Fort Worth design-bid-build approach, all qualified general contractors are
subcontracted directly to THC, Inc., a member of the ATC team. In addition to performing
typical program management tasks, THC will also be responsible for the direct
management of all general contractors to include qualification, training, contracting, daily
construction management oversight and payments. The design-bid-build process will
insure a higher degree of quality control and cost efficiency.
The NMP will follow the procedures outlined in this Policies & Procedures Manual to
qualify local General Contractors interested in program participation.
Within the design-bid-build implementation process, a Single Parcel Bidding Method
(SPM) will be utilized, whereby each home will represent an independent construction
contract. Each month, several new contracts (homes) will be assigned to a Monthly Bid
Cycle. The SPM is specifically designed to provide maximum attention to participating
homeowners, ensuring superior quality, homeowner satisfaction, contractor success and
program cost efficiencies. The utilization of manageable contract sizes within each
Monthly Bid Cycle guarantees a greater opportunity for local and minority contractors to
participate and increases participation in the Disadvantaged Business Enterprise (DBE)
and Minority/Women Business Enterprise (M/WBE) Programs.
The NMP is projected to have twelve (12) individual Monthly Bid Cycles for each calendar
year. Each Monthly Bid Cycle will consist of a seven (7) month period which includes all
the essential program processes, including homeowner orientation, house inspection
visit, design visit, design development, design review, pre-bid, bid/award, pre-
construction, construction and close-out activities.
The ATC will determine the number of homes that will be assigned to each of the twelve
(12) Monthly Bid Cycles. The following is an illustration of a typical seven (7) month
Monthly Bid Cycle:
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
7-MONTH PROCESS
MONTHLY BID CYCLE
Homeowner Orientation
MONTH 1 • House Inspection Visit
• Design Visit
• Design Development
MONTH 2 • General Contractor Interview Night
• Design Review Meeting
• Design Document Finalization
MONTH 3 • Pre-Bid Open House
• Final Measurement Visit
MONTH 4 • Bid Opening
• Bid Review
• Contract Award
MONTH 5 • Contractor Notice to Proceed
• GC Permitting and Preparation
• Product Procurement
• Product Inventory and Verification
• Pre-Construction Visit
• Release of Product to General Contractor
MONTHS 6-7 • 30-day Construction Period
• Punch List Inspection
• Final Completion Inspection
• Homeowner Exit Survey
• Warranty Package Distribution
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
III. ORGANIZATION AND STAFFING
The City of Fort Worth will apply a design-bid-build implementation process for the NMP.
An extensive management team of experienced personnel will be assembled to
successfully implement the program. The City has retained an On-Call Engineering firm
(Jacobs) who will subcontract the acoustical testing activities to Landrum & Brown and
acoustical consulting and construction activities to THC, Inc. THC will manage and
implement the program as an extension of Jacobs and City staff.
The ATC team will consist of a Program Manager, Construction Manager, Financial
Analyst, Administrative Assistant, Procurement/Inventory Manager, Homeowner Agents,
Construction Inspectors, Warehouse Coordinator, Architectural Team Lead, Design
Technicians and Acoustical Consultants. Based on the design-bid-build implementation
approach, all qualified General Contractors will also become integral members of the
project team.
An organization chart is illustrated below showing the various members of the
implementation team. The following list details the roles and responsibilities of each
member of the ATC Team.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
A. ORGANIZATION CHART
City of Fort Worth
Noise Mitigation Program (NMP)
City of Fort Worth
Aviation Department
Jacobs Engineering Architectural
Prime Consultant Designs
Landrum&Brown THC, Inc.
Acoustic Consultant [Acoustical Treatment Consultant
Eligibility Homeowner Construction
Testing Liaison Management
Design Product Contractor Outreach
Consultation Procurement &Training
Pre-and Post- Construction Construction
Construction Testing Inspections
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
B. ACOUSTICAL TREATMENT CONSULTANT STAFFING
Program Manager
Responsibilities: ■ Serves as client liaison.
■ Ensures contract compliance with FAA, State and City of Fort Worth
regulations and established Policies and Procedures.
■ Develops annual design and construction schedules to include all
program activities.
■ Develops program budget and monitors expenditures.
■ Identifies and assigns program participants in accordance with the
established prioritization process.
■ Coordinates bid process, including evaluation, award
recommendation and issuance of contracts.
■ Conducts meetings with homeowners and contractors.
■ Facilitates General Contractor Interview Night with homeowners.
■ Develops sub-consultant tasks and timetables.
■ Effectively communicates project goals to project team.
■ Coaches, mentors and motivates staff and contractors.
■ Communicates with City and Airport officials and homeowners.
■ Reviews and signs legal documents (Work Agreement, Avigation
Easement and Construction Contract).
■ Reviews and approves sub-consultant invoices.
■ Submits monthly status reports to client.
■ Assists with preparation of FAA Weekly Reports,Quarterly Reports,
Annual Reports and Grant Close-Out Reports, as needed.
Construction Manager
Responsibilities: ■ Develops construction policies,specifications, program contractor
and construction compliance standards.
■ Develops and maintains contractor outreach program.
■ Manages contractor qualification and training.
■ Manages construction inspectors, procurement manager and
warehouse staff.
■ Serves as liaison between architect and contractor.
■ Conducts House Inspection Visits.
■ Prepares Pre-Existing Deficiency Reports.
■ Acts as representative in administering construction.
■ Conducts weekly construction progress meetings with staff.
■ Conducts monthly construction meetings with contractors.
■ Provides direction on construction inspection process.
■ Visits homes under construction to ensure compliance with intent of
sound insulation treatment scope of work.
■ Prepares reports on progress, costs,schedule and quality of work by
contractors.
■ Assists in the development of field change process, if warranted.
■ Develops program implementation and parcel status mapping.
■ Develops product showroom and provides for additional displays.
■ Communicates program changes with product manufacturers.
■ Processes General Contractor payments.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
Financial Analyst
Responsibilities: ■ Reviews individual contractor Requests for Payment.
■ Prepares bi-monthly construction pay applications to Jacobs for
processing by City(contractor payments and manufacturer invoices).
■ Prepares pay application templates per bid cycle for product data
entry by procurement manager.
■ Reviews contractor certified payrolls for compliance with wage rates
and assists in resolution of errors.
■ Distributes checks to contractors.
■ Prepares "Contractor's Affidavit of Release of Liens" and
"Contractor's Affidavit of Payment of Debts and Claims" forms for
contractors (per individual home)and manufacturers (per Bid Cycle).
■ Prepares spreadsheets required to obtain Payment and Performance
bonding per bid cycle.
■ Requests payment and performance bonds from Texas licensed
bond agent.
■ Records bids at monthly bid opening, prepares Bid Tabulation and
cost comparisons.
■ Prepares construction /product cost data spreadsheets for use by
contractors in obtaining building permits.
■ Tracks information on faulty products for billing and back-charge.
■ Prepares construction contracts.
■ Updates Change Order tracking spreadsheet, as needed.
■ Prepares miscellaneous cost data, as needed.
■ Serves as backup Homeowner Agent, if needed.
Administrative
Assistant
Responsibilities: . Maintains a record of all homeowner eligibility calls.
■ Coordinates worker applications for Pinkerton background checks.
■ Manages the program security badge process.
■ Provides receptionist services, answers telephone, directs calls,
takes messages and provides information to homeowners.
■ Prepares routine correspondence.
■ Monitors contractor insurance and licensing status to ensure
renewals are current and complete.
■ Receives, sorts, date stamps and distributes mail.
■ Takes inventory of office supplies and prepares purchase orders.
■ Re-programs the office telephone system to reflect changes in
personnel and general office messages, as required.
■ Ensures routine maintenance of office equipment and ordering of
supplies for said equipment.
■ Acts as office manager, coordinating the needs of staff and ensuring
the smooth operation of the office.
■ Purchases supplies and refreshments for program meetings.
■ Provides staff support for all evening meetings with homeowners.
■ Assists in the coordination of program activities.
■ Assists Construction Manager with preparation of Change Orders.
■ Coordinates and distributes all program schedules (House
Inspection, Design Visit, Design Review and Pre-Bid Open House).
■ Tracks exit survey responses from AFW participants.
■ Assists homeowners in product showroom.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
Procurement/Inventory
Manager
Responsibilities: ■ Reviews each Scope of Work to ensure product will meet installation
requirements and needs of project specifications.
■ Conducts home product measurement visits.
■ Compiles measurement and Contractor Product Detail Sheets.
■ Compiles and processes product bid packages (various vendors)per
Bid Cycle.
■ Places and tracks product orders.
■ Enters bid information into Parcel Payment sheets.
■ Develops and enters information into Material and Inventory
Database.
■ Maintains continuous communication with product vendors.
■ Assists vendors in resolving issues relating to product, shipping,
deliveries, warranties, etc.
■ Assists contractors with product installation issues.
■ Coordinates repairs of damaged product.
■ Assists in product receiving process and contractor loading.
■ Coordinates with Financial Analyst for vendor payment process.
■ Oversees warehouse operation.
Homeowner Agents
Responsibilities: ■ Serves as homeowner representative.
■ Coordinates activities with eligible participants.
■ Assists in Homeowner Orientation Session.
■ Attends House Inspection Visit.
■ Attends the Design Visit.
■ Obtains title commitments.
■ Coordinates with title company to resolve curative issues and assists
with Power of Attorney provisions.
■ Coordinates with homeowner mortgage companies to secure
Consents to Avigation Easement and Subordination of Mortgage.
■ Assists homeowners at General Contractor Interview Night.
■ Coordinates Pre-Existing Deficiency Reports and legal releases.
■ Assists homeowners with product selections in showroom.
■ Participates in Design Review Meeting with homeowners.
■ Prepares and presents legal documents to homeowners.
■ Prepares and distributes bid package documents at Pre-Bid Open
House appointment.
■ Obtains homeowner signatures or architect on scope of work
revisions.
■ Coordinates Pre-Bid Open House Session.
■ Facilitates Pre-Construction meetings with homeowners and
contractors.
■ Communicates with construction inspectors during construction.
■ Handles all communications with homeowners and responds to
questions.
■ Maintains parcel file information.
■ Prepares and delivers warranty packages to homeowners following
Final Completion.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
Construction
Inspectors
Responsibilities: ■ Assists Procurement Manager at Measurement Visit.
■ Reviews acoustical scope of work documents for each assigned
home.
■ Attends Pre-Construction Meeting.
■ Visits job sites several times daily to inspect installations and
construction activities.
■ Prepares daily inspection reports.
■ Assists general contractors with installation issues and provides
clarification regarding scope of work.
■ Ensures that contractor is meeting schedule requirements.
■ Communicates with homeowners during construction phase.
■ Provides supporting documentation for field change orders, if
needed.
■ Ensures that work and installations meet program specifications.
■ Compiles inspection punch list.
■ Attends weekly construction team meetings.
■ Performs final inspection.
■ Executes Final Certificate of Completion.
Warehouse
Coordinator
Responsibilities: ■ Receives and unloads product(certified forklift operator).
■ Processes product into inventory.
■ Conducts thorough product inspection.
■ Processes delivery documentation.
■ Maintains inventory database.
■ Organizes and stages warehouse.
■ Coordinates release of product to contractors.
■ Maintains pick-up documentation.
■ Assists in resolving shipping issues with vendors.
■ Performs minor repairs of damaged product.
■ Assists in loading product for contractors.
■ Contacts contractors regarding replacement or backordered material.
■ Oversees warehouse maintenance
Architectural Team
Lead
Responsibilities: ■ Develops and modifies construction and technical specifications.
■ Provides assistance in developing design process.
■ Assists in development of architect's estimate for bid process.
■ Oversees preparation of design plans and scopes of work.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
Design Technicians
Responsibilities: • Conducts Design Visit at each eligible home.
■ Prepares designs and Final Scope of Work document.
■ Conducts Design Review with homeowners.
■ Provides alternative solutions/options to homeowners regarding
aesthetics/function.
■ Provides construction cost estimates for bids.
■ Prepares addenda to bids and specifications.
■ Assists in contractor training.
Acoustical Consultant
Responsibilities: ■ Develops acoustical test plan.
■ Performs eligibility testing.
■ Develops acoustical design strategies.
■ Communicates with the FAA for coordination and approval of test
results.
■ Conducts pre-and post-construction testing.
■ Analyzes and reports noise test results.
IV. SECURITY BACKGROUND CHECKS
As a condition of performing work on a Fort Worth Noise Mitigation Program worksite, all persons
seeking authorization to enter a program home, as consultants, general contractors and
subcontractors of any tier ("Worker Participants"), will be required to complete the following
Worker Participation Process to assure the safety of citizens participating in the NMP.
A. SUBMISSION OF APPLICATION FORM
All Worker Participants will be required to submit a completed Application, containing
specific information to assist in the Background Review process and assessment of their
character, criminal history, general reputation and personal characteristics. The Worker
Participant completing the Application will be required to certify that facts contained in this
application are true and complete to the best of their knowledge and that they understand,
falsified statements on this application shall be grounds for dismissal from the NMP, or
denial of their application to participate in the NMP.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
B. BACKGROUND REVIEW
All Worker Participants are required to consent to a Background Review covering
information about each worker's character, criminal history, general reputation and
personal characteristics. A report will be compiled by a third-party agency, utilizing
information from criminal record repositories, departments of motor vehicles, past or
present employers, educational institutions, government occupational licensing or
registration entities, business or personal references and any source required to verify
information that the applicant has voluntarily supplied. For construction contractors and
their employees, we perform a criminal background check (Federal, state and local
counties), sex offender list, and E-verify.
Upon receipt of the Background Review report from the third-party agency, THC executive
staff will conduct a review of all report findings and determine whether the individual will
be allowed to participate in the NMP. If the Worker Participant's Background Review
includes any convictions, whether felony or misdemeanor, (includingdeferred adjudication
and pleas of nolo contendere) which involve serious drug offenses,sex crimes, violent
crimes or evidence that the Worker Participant is not lawfully authorized to work in the
United States, they will automatically be denied participation inthe NMP.
The Worker Participant's Authorization for Background Review and Release shall be
effective for so long as they are a Worker Participant on any NMP worksite, and THC
reserves the right to conduct additional background checks at any time it is deemed
necessary for the safety of Program Participants.
C. ETHICS AND EXPECTATION TRAINING SESSION
THC will conduct an Ethics and Expectation Training Session for all Worker Participants.
Attendance at this training session is mandatory and must be completed before beginning
work on an NMP worksite. The training will cover THC expectations of workers with regard
to homeowner communication, guidelines for authorized property entry andappropriate
worker behavior while at the NMP worksite. This training session will also cover actions
by a Worker Participant which will constitute grounds for removal or termination of a
Worker Participant from participation in the NMP, including allegations oftheft, drug use,
alcohol use, violent behavior, inappropriate sexual behavior, or unauthorized NMP
worksite entry of any kind. THC reserves the right to require Worker Participants repeat
the Ethics and Worker Expectation Training at any time it deems suchaction necessary for
the safety of Program Participants.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
D. ISSUANCE OF SECURITY I.D. BADGE
Upon completion of the Background Review, the Ethics and Expectation Training Session
and issuance of THC approval, the Worker Participant will be issued an NMP Security
Badge which will be required for entry to any NMP worksite and shall be clearly displayed
at all times while a Worker Participant is on site. Any individuals not in possession of an
NMP Security Badge shall not be admitted to the NMP worksite.
V. OFFICE, SHOWROOM AND WAREHOUSE
The ATC will establish a program office where program activities will be conducted. The
office will include a presentation room where homeowners will attend Orientation Session
and General Contractor Interview Night. The office space will include a product showroom
which will be built to display all products approved for use in the AFW program.The product
showroom will be beneficial to the homeowners when making their selectionsof product
styles and colors. Ideally, the office / showroom will have an attachedwarehouse where
products will arrive and be inventoried by ATC staff prior to being disseminated to
contractors.
The ATC will:
1 . Locate sufficient office space and separate area for the product showroom.
2. Develop showroom layout and plans.
3. Procure all selected showroom products.
4. Secure and construct required showroom displays and modifications.
5. Label and inventory all displayed products.
6. Include space for public information meetings and workshops.
7. Provide attached warehouse facilities for the receipt and distribution of products.
VI. DEVELOPMENT OF SOUND INSULATION PROGRAM
The ATC will be responsible for implementing the City of Fort Worth Noise Mitigation
Program. It will develop an annual design and construction schedule containing the
following services that include Prioritization Methodology, Database Development,
Acoustical Treatment, development of Construction Specification Manual and all required
administrative support services.
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
A. PRIORITIZATION METHODOLOGY
The following prioritization has been established for the homes that qualify for the
Sound Insulation Option.
• Priority 1 : Homes that were initially tested in February 2021 and qualify for
Sound Insulation.
• Priority 2: Homes whose owners volunteered for acoustical testing in
February 2021 but were considered "alternates" because their
home's category was already filled for testing.
• Priority 3: Homes inside the 65 DNL noise contour (beginning with the street
closest to the end of the runway and working outward).
• Priority 4: Homes outside the 65 DNL noise contour (beginning with the street
closest to the end of the runway and working outward).
B. DATABASE MANAGEMENT
The ATC will develop a database management system to manage and maintain the
data generated from the Noise Mitigation Program. This database will include, at a
minimum, information from the following data files:
1 . Homeowner Information
2. Acoustical Test Data Tracking
3. Homeowner Option Selection and Tracking
4. Prioritization Data for Sound Insulation
5. Homeowner Schedule for Sound Insulation (assigned bid cycle,
orientation, house inspection visit, design visit, design development, design
review, product procurement, pre-construction, construction start, daily
construction reports, punch list and final completion)
6. Design Documents and Cost Estimate Records
7. Acoustic Design Scope of Work (CAD drawings and window schedules)
8. Avigation Easement Signature and Conveyance
9. Work Agreement Documents
10. Bid Opening Spreadsheet and Recommendation forAward
11 . Construction Changes, Field Directives and Extensions
12. Contractor Eligibility Information and Program Activity History
13. Pre- and Post-Construction Testing Data
14. Contractor Payment Processing
15. Homeowner Exit Survey Responses
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City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
C. ACOUSTICAL TREATMENTS
The ATC will design effective home acoustical treatment modification strategies that not
only meet the minimum overall acoustic reduction of five (5) decibels and post-
modification maximum interior noise measurement of 45 DNL, but also the individual
needs of the homeowner. These needs include product style and color choices,
architectural aesthetics, product quality, and a "homeowner friendly" design and
construction process.
The ATC will customize the acoustical treatment recommendations to meet the unique
architectural characteristics and aesthetic sensitivities found in each home. The
acoustical treatment recommendations should be nonexclusively applied to all homes.
The design specifications that are developed with these priorities will maximize
homeowner satisfaction. All typically recommended acoustical treatments should be
evaluated for each home relative to its acoustical benefit, program cost benefit and impact
on homeowner satisfaction.
The sound insulation treatment package will be developed utilizing the following product
strategies:
• Aluminum acoustic replacement windows
• Vinyl acoustic replacement windows
• Window styles including double-hung, slider, fixed and
Window Treatments: casement.
• Interior glazing panels(if required)
• Exterior aluminum acoustic storm windows,if warranted
• Solo acoustic replacement prime door(steel)(storm-less)
• Non-acoustic prime doors(steel and fiberglass(with storm door)
• Exterior acoustic aluminum storm doors
Door Treatments: 0Aluminum or vinyl replacement patio doors(sliders)
• Aluminum or vinyl replacement French doors
All as available
Attic Insulation Treatment: 0 Cellulose dense-packed insulation strategies(if applicable)
• Ductwork modifications(if required)
• Electrical upgrade(if required)
Air Conditioning Modifications: • Ductless AC unit(if required)
Page 44 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
D. CONSTRUCTION SPECIFICATIONS MANUAL
A Construction Specifications Manual will be assembled and provided to each qualified
General Contractor for use throughout the program.
At a minimum, the general specifications manual will include the following:
1 . "Front-end"specifications
2. General conditions
3. Technical construction specifications
4. Architectural details
5. Sample program forms and templates
6. Specification attachments (i.e., certification lists, approved products, etc.).
7. Program policy statements.
E. HOMEOWNER OUTREACH, ORIENTATION AND HANDBOOK
The ATC will develop a Homeowner Handbook and Homeowner Orientation Session
presentation to fully explain the seven-month participation timeline, so homeowners know
what to expect during the entire process. The handbook and presentation will explain the
responsibilities of the ATC, the homeowners and the contractors. They will also explain
the processes and procedures and contain contact numbers for the ATC.
Approximately one (1) month prior to a scheduled Homeowner Orientation Session, an
invitation letter will be sent to the homeowners assigned to a Bid Cycle, utilizing the
established Prioritization Methodology, with a request to confirm attendance. The mailing
will also contain a Notice of Participating Property for the homeowner to return at the
Orientation Session. A reminder phone call will be placed to each homeowner to enhance
participation in the AFW program. The ATC shall keep track of attendance and
participation.
At the Homeowner Orientation Session, homeowners will view a PowerPoint Presentation
and be provided with a handbook and complete overview of the program, including: an
explanation of consultant team organization; a summary of the mitigation goals; a
description of the acoustical treatment modifications; a description of program rules,
procedures, and processes; program monthly bid cycle timetables (design and
construction); as well as homeowner requirements and responsibilities. Homeowners will
have an opportunity to have all general questions answered and, if interested in
proceeding to the next step in the process, to sign up for the House Inspection Visit.
Page 45 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
VII. CONTRACTOR OUTREACH, QUALIFICATION AND TRAINING
The Single Parcel Bidding Method (SPM) is designed to maximize the participation of
local general contractors and subcontractors. The Contractor Outreach Program is a
process whereby the ATC will seek local contractors in the Metropolitan Dallas/Fort Worth
area who may be interested in participating in the Noise Mitigation Program. The
Contractor Outreach process is designed to lead General Contractors to qualification and
inclusion in the implementation team.
The Contractor Outreach process will be an ongoing service throughout the life of the
program. The Sound Insulation consultant will develop a contractor outreach brochure
and presentation materials and develop outreach advertisements in local newspapers,
trade publications and with local builders' associations to reach contractors.
In the Contractor Outreach meetings, the ATC will provide a complete summary of all
contractor requirements and expectations to include:
• general contractor qualification
• design and construction process review
• contractor performance
• contractor meetings
• contractor commitment
• DBE participation
• program paperwork
• training sessions (paperwork and installation)
The City of Fort Worth Noise Mitigation Program will be implemented as a "design-bid-
build" project, whereby the ATC will be responsible to the City of Fort Worth for all
management tasks, including general contractor qualification. General Contractors must
first be qualified by the ATC before participating in the program as part of the
implementation team. The number of qualified General Contractors may vary throughout
the program. To participate in the program, interested General Contractors must be
registered with the local permitting authority, if required.
Page 46 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
A. CONTRACTOR EVALUATION
To be selected for participation, General Contractors will be evaluated based on the
following qualification criteria:
1. Experience Evaluation
-residential or similar type construction experience
-primary area of company's experience
-residential insulation experience
-painting experience
-stucco/masonry experience
-claims and/or litigation evaluation
-credit report evaluation
-local office facility and staffing
-local warehouse/workshop facility
-on-line internet access
-current professional affiliation references
-past customer references
-current job site inspection
2. Capacity Evaluation
Once a General Contractor has completed the Experience Evaluation
identified in Step One above, the ATC will determine and assign a Monthly
Bid Award Limit based on the following criteria:
• insurance limits
• crew size
• number of available subcontractors in each required trade
This award limit is designed to maximize contractor success, while
preventing the potential of a General Contractor being awarded more work
than it can complete within the thirty (30) day construction period.
The ATC will establish a Monthly Bid Award Limit for each qualified General
Contractor utilizing a calculation based on thirty-five percent (35%) of
parcels assigned to a monthly Bid Cycle. The ATC will continue to monitor
and evaluate General Contractor performance and make adjustments to
each individual contractor's monthly award limit. The evaluation and
adjustment will be based on overall performance, crew capacity, execution
of work plan and homeowner satisfaction.
Page 47 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
B. CONTRACTOR TRAINING
The ATC will provide necessary training to the selected General Contractors in an effort
to ensure their program success. This training process will be divided into a series of
training sessions conducted at the Acoustical Treatment Consultant's office, as follows:
► Review of program processes
-schedules
-paperwork
-technical specifications
-homeowner selection of contractor process
-bidding process
-performance requirements
-design documents
-product procurement
-construction management
-payment process
► Product Installation Training
-product demonstrations
-window and doors
-attic insulation
-attic access panels
C. ISSUANCE OF PHOTO ID BADGE
All General Contractors and workers will be required to pass a security background
investigation conducted by Pinkerton Consulting and Investigations. All personnel will
execute the required forms to initiate the process.
Pinkerton will conduct the investigations based upon the information provided by the
workers and will provide follow-up reports within ten (10) days. THC executive staff will
review the reports to determine acceptability for participation in the program. Upon
completion of the above steps, the ATC will process the photo ID badge.
D. CONTRACTOR PARTICIPATION AGREEMENT
At the conclusion of the above contractor training, General Contractors will receive final
qualification and will be required to sign the Contractor Participation Agreement before
they will be allowed to officially participate in the NMP.
Page 48 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
The ATC will perform the above contractor qualification process before the start of each
program phase and/or as needed to ensure that additional contractors can be added to
the team throughout the life of the project.
All General Contractors must be qualified to establish their eligibility and inclusion on the
ATC team. Once a contractor becomes qualified via the above qualification process, that
contractor will become a subconsultant to the ATC and be included on the ATC team.
However, this qualification will not assure a contractor receives any work assignments.
The ATC will maintain the list of qualified General Contractors.
In each Bid Cycle, participating homeowners will select three (3) General Contractors
(from the list of qualified General Contractors) to submit bid proposals for the work
assigned to their home. The ATC will evaluate each bid proposal and award the work
assignment based upon the lowest, responsible bid proposal. Therefore, work
assignments will be awarded based upon a competitive bid process to contractors who
have been qualified as eligible for the program and who are members of the ATC team.
E. TIMING OF GENERAL CONTRACTOR QUALIFICATION
Due to the administrative time and effort required by the ATC to conduct General
Contractor Outreach Sessions, review and assess General Contractor applications,
conduct site evaluations, contact references, and conduct numerous General Contractor
training sessions, the above General Contractor Qualification Process will occur on a one-
time basis prior to the beginning of each individual AFW Phase. This process will also
provide continuity to the contractor selection process (homeowner's selection of three (3)
qualified General Contractors to bid), providing assurance that the list of qualified General
Contractors remains consistent within each AFW Phase.
Depending on future levels of funding, the number of Monthly Bid Cycles and the number
of parcels assigned to future AFW Phases, the ATC will have the authority to increase the
rate at which the General Contractor Qualification Process is conducted (per AFW Phase)
to a two-time basis, one occurring prior to the beginning of an AFW Phase and one
occurring at the halfway point of an AFW Phase.
VIII. DESIGN PROCESS
A. HOUSE INSPECTION VISIT
Before the design process can officially begin, the ATC will conduct a House Inspection
Visit at each participating home to identify pre-existing deficiencies that may negatively
impact the addition of acoustical treatments. Typical pre-existing deficiencies may
include:
Page 49 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
1 . Structural issues
2. Moisture and mold issues
3. Building and safety code issues
4. Health and safety issues
Due to Federal limitations, program funds cannot be used to correct pre-existing
deficiencies. Homeowners will be required to assume all associated responsibility and
liability for their pre-existing deficiencies before becoming eligible to participate in the
program.
The ATC will retain sole discretion and authority in the identification and classification of
all observed pre-existing deficiencies. If identified, pre-existing deficiencies will be
recorded on the Pre-Existing Deficiency Report. The report will describe the nature of the
deficiency and whether corrective action is needed.
A homeowner's participation can resume once the ATC has inspected and approved the
pre-existing deficiency corrections.
B. DESIGN VISIT
Once the House Inspection Visit process has been successfully completed, the
Homeowner Agent will schedule the Design Visit with the homeowner. The Design Visit
will serve as the "fact finding" mission that assists the ATC in developing the most effective
acoustical treatment design package for each home. The Design Visit will include:
1 . A Computer Aided Design (CAD) layout and measurements.
2. Evaluation of the existing window and door conditions.
3. Evaluation of existing attic insulation.
4. Identifying the existence of any window or through-wall A/C units.
The Design Visit will be conducted by the Architectural Team Leader, Design Technicians,
and a Homeowner Agent. In rare cases, a mechanical/electrical consultantmay need to
attend the Design Visit. The ATC will perform the Design Visit and compile all necessary
information required to develop the final acoustic design package based onthe design and
measurement data collected.
Page 50 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
C. DESIGN PACKAGE DEVELOPMENT
Based upon the information gathered during the Design Visit, an acoustical treatment
design package will be created. This package will include a summary of all window and
door modifications necessary to treat the home within FAA guidelines. If required, the
package may include attic insulation, attic access sealing and mechanical modifications.
D. GENERAL CONTRACTOR INTERVIEW NIGHT AND SELECTION
One evening each month, a General Contractor Interview Night will be held to enable the
homeowners to meet their prospective General Contractors. This event provides
homeowners with the opportunity to meet and interview the qualified General Contractors
and to review Contractor Notebooks and qualifications. Homeowners will receive
brochures which provide specific information about each of the General Contractors. This
session also provides another opportunity for homeowners to speak with the ATC staff,
ask program-related and product-related questions and visit the Product Showroom.
The homeowner will select three (3) qualified General Contractors from the list of qualified
contractors supplied by the ATC. This selection of contractors by the homeowners is
disclosed during the Design Review Meeting. Due to Federal bidding laws, the ATC and
the City of Fort Worth cannot assist homeowners in the contractor selection process in
any way.
E. DESIGN REVIEW MEETING WITH HOMEOWNERS
The Design Team and Homeowner Agent will meet with each homeowner at a Design
Review Meeting. The Design Team will present and review the home's unique Acoustical
Treatment Design Package with the homeowner.
During the design review process, each homeowner will have a final opportunity to select
product styles and colors at the Product Showroom as well as make final paint and stain
color selections, if applicable.
If necessary, homeowners will have a final opportunity to adjust their assigned bid and
construction cycle, depending on any special scheduling needs and/or circumstances.
Page 51 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
F. AVIGATION EASMENT AND WORK AGREEMENT
After review and acceptance of their design package, homeowners are required to sign
the Work Agreement and the Avigation Easement. If required, homeowners will sign
program waivers and/or the Addenda to Work Agreement:
The ATC will manage the recording of the executed avigation easements and provide
same to the City of Fort Worth.
G. BID PACKAGE DEVELOPMENT
The Design Team will finalize development of the Scope of Work documents and prepare
an Architect's Estimate on each home's Acoustic Treatment Design Package. A copy of
the finalized Scope of Work documents will be provided to the homeowner.
The ATC will also prepare three (3) Bid Packages for each home. Each Bid Package will
contain the bid documents containing the Business Equity Utilization Form, Business
Equity Division Good Faith Effort Form, Joint Venture Eligibility Form and Prime
Contractor Waiver Form. Instructions for the completion of the forms are included.
IX. BID AND AWARD PROCESS
A. PRE-BID OPEN HOUSE
A Pre-Bid Open House will be scheduled by the Homeowner Agent at a date and time
selected by the homeowner (from the pre-designated dates for the Bid Cycle). The
Program Manager will contact the General Contractors selected by the homeowners to
notify them of the Pre-Bid Open House appointment. The Pre-Bid Open House will provide
the opportunity for the selected General Contractors and their subcontractors and
suppliers, if required, to view the home before preparing their final bids. Contractors will
visit the homes for which they have been selected to bid; sign in and pick up their bid
packages containing bidding documents. The ATC will track the schedule of all open
houses.
General Contractors will prepare their bid proposals for submittal to the ATC for review
on the date of the Bid Opening.
Page 52 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
B. BID OPENING AND CONTRACT AWARD
The ATC shall conduct a Bid Opening for all homes included within a Bid Cycle.
Participants in the Bid Opening will record each contractor's bid on a Bid Opening
Summary. Following the bid opening, the results will be tabulated and a Tabulation of
Bids — As Read will be distributed to all bidders and representatives of Jacobs and the
City of Fort Worth.
The ATC will conduct a review of the bid results of the selected contractors. The review
shall include communication with each low bidder whose bid is twenty percent (20%) or
more below the Architect's Estimate to determine if all labor and incidental materials were
included. General Contractors who advise the ATC of a bid error can withdraw their bid
without penalty. Current workload, scheduling and capability of the successful contractors
will be examined and verified by the ATC.
The ATC shall collect from all low, responsive bidders, a Letter of Intent, if applicable,
signed by subcontractors who will be working on each individual home. Once all
documentation is received, the ATC shall forward to the City of Fort Worth a Bid Award
Recommendation letter, a Tabulation of Bids - As Recommended, the bid documents as
submitted by the contractors being recommended for award, the original copies of the
DBE documentation, and any other documentation in support of the recommendation.
Upon concurrence in award and authorization from the City of Fort Worth, the ATC will
prepare and submit a Bid Tabulation - As Awarded to all General Contractors and notify
all successful bidders of their contract awards.
The ATC will prepare a Construction Contract for each home in the Bid Cycle which the
successful General Contractor will be required to execute. Once all necessary signatures
are obtained, the ATC will issue a fully executed contract to the contractor which provides
authorization to order incidental products or materials.
C. HOMEOWNER NOTIFICATION OF AWARD
The ATC will notify the homeowner of the General Contractor receiving the contract
award to work on their home.
Page 53 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
X. CONSTRUCTION PROCESS
A. PRODUCT PROCUREMENT
The ATC will visit all homes within a Bid Cycle during the Pre-Bid Open House
appointments. The Procurement Manager and the Construction Inspector assigned to the
home will take final measurements of all specialty products, such as windows and doors.
The Procurement Manager shall seek competitive bids from program manufacturers, if
applicable. Product bids will be reviewed and awarded to the vendor providing the lowest,
responsible bid. The ATC will be responsible for the procurement process, which includes
delivery from the manufacturers, warehouse storage, inspection,sorting and distribution of
all specialty window and door products.
B. PRE-CONSTRUCTION ACTIVITIES
Approximately three (3) weeks prior to the Pre-Construction Visit period, the Financial
Analyst will send reminders to all General Contractors awarded work in the Bid Cycle
regarding the necessity to obtain building permits and begin developing construction
schedules. General Contractors are required to provide the ATC with a copy of the permit
and their construction schedule one (1) week prior to the Pre-Construction Visit period.
The Financial Analyst will prepare the necessary Work on Hand documentation for
submittal to the bonding company and order the Payment and Performance Bonds for the
Bid Cycle.
Upon issuance of the Payment and Performance Bonds, the ATC will transmit the
originals to the City of Fort Worth.
C. PRE-CONSTRUCTION VISIT
Once all products for the home have been received at the warehouse and verified as
correct, the Homeowner Agent will schedule a Pre-Construction Visit with the homeowner,
the General Contractor and the Construction Inspector assigned to the home.
The General Contractor is required to submit the construction schedule to the ATC one
(1) week prior to the Pre-Construction Visit. The Construction Manager will review the
construction schedule to determine feasibility of proposed workflow.
Page 54 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
At the Pre-Construction Visit, the Homeowner Agent, the Construction Inspector, and the
General Contractor will meet with the homeowner at their home to review all aspects of
the pending construction. The Pre-Construction Visit will give the homeowner the
opportunity to ask any final questions prior to the start of construction. The Pre-
Construction Visit must be scheduled a minimum of three (3) days prior to the start of
construction to give the homeowner sufficient time to remove window coverings and move
furniture.
The General Contractor shall develop a construction schedule which illustrates
uninterrupted construction activity through completion of the home. The General
Contractor will present the homeowner, Homeowner Agent, and the Construction
Inspector with the final construction schedule. The General Contractor will have the
flexibility to determine the scheduling of awarded work within the established thirty (30)
calendar day construction period for the Bid Cycle.
A lockbox supplied by the General Contractor will be placed on the home. The lockbox
is required to remain on the home from the Pre-Construction Visit until the Final Inspection
Visit. The homeowner will be required to provide a home key for the lockbox. The key to
the lockbox will remain in the possession of the General Contractor's superintendent.
Access to the lockbox cannot be shared with anyone.
Upon notification from the ATC that products have arrived and have been inventoried,
contractor will pick up and sign for all products for the home (at the ATC's warehouse).
D. CONSTRUCTION PROCESS AND OVERSIGHT
The General Contractor will begin construction, consistent with the construction schedule
presented to all parties during the Pre-Construction Visit. Contractors are required to
complete all work awarded in a single bid cycle within the thirty (30) calendar day
construction period associated with the specific bid cycle. Once work begins on a home,
continuous activity must be maintained until all work on the home is completed.
Contractors are not allowed to remove more windows or doors than they can reasonably
replace during that same workday. Construction work hours are defined as Monday
through Friday, beginning no earlier than 8 AM, with site clean-up and removal of debris
completed by 5 PM.
Throughout the term of construction, ATC Construction Inspectors will monitor
construction progress on a daily basis ensuring compliance with all program work rules
and confirming that correct materials are being properly installed. Inspectors will prepare
a daily inspection report for each site visit, documenting the construction activity,
Page 55 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
status and key observations, including photo documentation. Inspection reports and other
construction-related documentation will be made available to the Program Manager,
Construction Manager and Homeowner Agent. Inspectors will also assist contractors by
trouble-shooting questions in the field, investigating claims and initiating documentation
for any Field Directives or Change Orders, if required.
All construction personnel, as well as all ATC personnel, are required to wear photo
identification security badges issued by the ATC.
E. PUNCH LIST INSPECTION
When the General Contractor has verified the work is substantially complete, the
Contractor will request that the Construction Inspector perform a Punch List Inspection.
The Construction Inspector shall conduct a comprehensive punch list inspection at the
home to verify construction status and confirm compliance with the Construction
Specifications and Scope of Work documents. The Construction Inspector will provide a
punch list to the General Contractor which outlines any work that needs to be completed.
A copy of the punch list will be included in the Inspector's daily inspection report.
The General Contractor must complete any listed work prior to requesting a final
inspection. All punch list work must be completed within two (2) calendar days.
F. FINAL INSPECTION
Following the General Contractor's completion of all items identified on the punch list, the
Contractor will request a Final Inspection. The Construction Inspector will verify
completion of all work and issue a Certificate of Final Completion.
G. WARRANTY PACKAGE AND HOMEOWNER EXIT SURVEY
Upon completion of the construction process, the Homeowner Agent will provide the
homeowner with a warranty package containing a one-year workmanship warranty from
the general contractor and manufacturer's warranties for all installed products. A
Homeowner Exit Survey will also be included for the homeowner to express theirindividual
experience with all aspects of the program. A self-addressed, stamped envelope will
accompany the exit survey for the homeowner's ease in returning said form.The ATC will
compile the surveys for a monthly summary and review by the City of Fort Worth and
project team.
Page 56 of 57
City of Fort Worth
Alliance Airport Noise Mitigation Program
Policies and Procedures
H. CONTRACTOR PAYMENT PROCESS
The General Contractor will be provided one (1) payment (representing 100% of their
construction contract) upon successful Final Inspection and approval by the Construction
Manager.
To ensure timely payment to small, local general contractors, THC will invoice Jacobs
twice monthly for all work completed within the same period of time for reimbursement by
City of Fort Worth.
Page 57 of 57
Compensation Jacobs
ATTACHMENT B
COMPENSATION
The cost amount for Modification No. 3 is $13,668,220.35 (Lump Sum Fee of$5,036,117.59 for
professional services, plus Reimbursable Expenses of$8,632,102.76).
The generation of the estimated costs for Construction for Sound Installation of Residential Properties
(Section 4.0), Sales Assurance (Section 5.2), Transaction Assistance (Section 5.3), and Purchase of
Avigation Easements (Section 5.4) utilized historical bid data from similar sound insulation programs
considering the current local housing market conditions and average percentage rates for the option
selections from participating homeowners. As such, the estimated cost amount is to be considered a
"variable" amount given it will be continually adjusted following receipt and finalization of bids or firm
pricing from subcontractors and suppliers along with the options selected by individual homeowners.
Therefore,this estimated cost amount, shall not to be construed as a guarantee of the actual final cost
of the work. CONSULTANT has no control over market conditions or the cost of
construction/installation labor, materials and/or equipment.
CONSULTANT shall submit at least twice a month, an invoice along with a summary of activities
performed during the pay period and a progress schedule to the City of Fort Worth (the "City"). These
submittals will be submitted on the first, and fifteenth of each month and will include all applicable
invoices from subcontractors, equipment vendors, material suppliers, realtor fees as well as the
associated conditional lien releases through and including the current requested payment to
CONSULTANT.
The attached fee tables reflect the rates to be used for invoicing purposes. The City shall make bi-
monthly progress payments within fourteen (14) days after receipt of each properly submitted and
accurate invoice
Estimated Amount
1. The estimated amount set forth in the attached pricing breakdown will be adjusted following receipt
and finalization of price proposals from pre-qualified subcontractors and vendors. The estimated
variable amount is based on the judgment and experience of CONSULTANT estimators but is not to
be construed as a guarantee of the actual cost.
2. Given the nature of this work, it is the CONSULTANT's objective to contract directly with THC who
has been previously prequalified by CONSULTANT. THC will solicit bids from a prequalified poolof
specialty contractors andthe lowest responsible, responsive bid willform the basis of final pricing.
3. In the event the actual cost is less than the estimated amount,the savings may be assigned to other
portions of the project. If the actual cost is more than the estimated variable amount,a request shall
be submitted to have the contract value increased to cover any shortfall. In the event the actual cost
is more than the estimated variable amount, CONSULTANT shall have no obligation to perform any
work until the City increases the contract value to cover the shortfall.
Date: 09/21/21
Fort Worth Alliance Airport
Fee Proposal for Noise Mitigation Program -Phase 2
Jacobs $ 2,170,636.07
THC $ 11,479,175.79
Landrum &Brown $ 18,408.49
Total Fee Proposal 13,668,220.35
Noise Mitigation of Residential Homes Impacted by Westside Development
Jacobs Fee Proposal
Date:9/21/2021
JACOBS LABOR HOUR ESTIMATE
Project Senior Project CADD Tech Project
Task Manager Architect Architect Cordinator
1.0 Program Management
I 1 \A/ rl, Dl.,DI.,..
1.2 Monthly Status Report 32 32
1.3 Coordination Meetings 400 400
1.4 Program Budget 100 100
1.5 CAA (_runt�A..........
1.6 Project Schedule 80
2.0 Homeowner Outreach and Orientation
2.1 Outreach for Rivers Edge Homeowners 200
7 2 fox Woodland Springs c 4-Inmennine rc
3.0 Initial Eligibility Testing-Rivers Edge Subdivision
9.4 Initial F=1 gihi1 tl Tnr•4in..
3.2 Post Construction Noise Testing 80 60
4.0 Sound Insulation Program
4.1 Program Management
4.1.1 Program Budget 200 0
n 4I 2 Drn..ram Cnhn.JH
n I '1(`ir 4n w. r Cnr.inn
Chn'.'rARM nn.J\A/..rn hnir•n
n 1 F\A/nrnhe--me nn.J Pre GluAt Invnnlnni MaRa eme4 4
4.1.6 Coordination Meetings 300 300
4.1.7 Program Records, Reports and Filing 200
n I O Cnniri4i
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4.1.11 Use of Approved Documents 120
n 4I 42 AVigat Gn Cnr•n w.n n4r•
JACOBS LABOR HOUR ESTIMATE
Project Senior Project CADD Tech Project
Task Manager Architect Architect Cordinator
4.2 Design Services
4.2.1 Design Coordination and Permitting 120 120 480
A a )�nsne Atien\/isit
4.2.3 Design Visit 240 650 650
4.2.4 Acoustical Treatment Design Package Development 120 600 2000 3000
4.2.5 Homeowner Design Review Meeting 350 350
4.2.6 Bid Package Development 400 1500 1500
4.2.7 Pre-Bid Open House and Bidder Inquiries 0 800
4.2.8 Design Cost Estimating 0 800
4.2.9 Bid Opening, Bid Review and Contract Award 150
n 2 AMA meA,.,ner Ati{iAatiAn A A,.,ard
4.3 Construction Management Services 250 350
4.2.1 CAnn tri,Atien 9Antra Ater Q ,treaAh
A 1 2 GopstruA ti An(`Antra Ater DartiAinatiAn
A 2 2 Per{Arw;;RGe and Payment❑Anrfn
1 A Pre (`enstriAtiAn AAti.hies
4.2.5 Pre (`enstriAtiAn\/isits
A 1 6 EmergenA
4.3.7 Punch List Inspection 350
A 1 4(`eer.Jina tien e{Te Ahni Aal Ins ne Ati9n and Testing
4..2.9 Genstruptien D spute NAanage e.
A 1 1Q Preje At GIAse QA
A 1 11 Warranty Repairs
5.0 Purchase Assurance/Sales Assurance/Transaction Assistance
5.1 Purchase Assurance-Allowance 80
5.2 Sales Assurance-Allowance 80
5.3 Transaction Assistance-Allowance 80
5.4 Purchase of Avigation Easements-Allowance 80
Total Hours 2472 1710 6930 5150 1442
Jacobs Fee Proposal
Date: 9/21/2021
LABOR COST
Salary Rate Hours Salary Cost
Project Manager $ 93.76 2472 $ 231 ,774.72
Senior Architect $ 76.64 1710 $ 131 ,054.40
Project Architect $ 44.43 6930 $ 307,899.90
CADD Tech - TBD $ 41 .50 5150 $ 213,725.00
Project Coordinator $ 29.91 1442 $ 43,130.22
Salary Cost $ 927,584.24
Overhead Rate @ 111 .18% $ 1 ,031 ,288.16
Sub-Total $ 1 ,958,872.40
Fee @ 10.00% $ 195,887.24
Total Labor Cost $2,154,759.64
REIMBURSABLE EXPENSES
Cost Amount Total
Meals & Incidentals (per month) $ 200.00 16 $ 3,200.00
PPE $ 500.00
Mileage (.58 cents per mile x 40 miles $ 0.58 10000 $ 5,800.00
Reproduction/Presentation Materials $ 4,000.00 n/a $ 4,000.00
Recovery of Town Hall Venue Cost
Venue Rental $ 2,376.44 1 $ 2,376.44
Total Reimbursables $ 15,876.44
TOTAL FEE $271707636.07
Noise Mitigation of Residential Homes Impacted by Westside Development
THC Fee Proposal
Date: 9/21-2021
LABOR HOUR ESTIMATE
On-site Constructi Constructi Procureme Homeow Financial IT Admin Warehous
Progra Principal Project on on nt/ Coordinat Assistan
Task m Mana er Mana er Inspector Constructi ner Agent Analyst or t e Worker
1.0 Program Management
1.1 Work Plan 28 10
1.2 Monthly Status Report 28
1.3 Coordination Meetings 56 80 40
1.4 Program Budget 40
1.5 FAA Grant Management 8 8
1.6 Project Schedule
2.0 Homeowner Outreach and Orientation
2.1 Outreach for Rivers Edge Homeowners 20 80 80 40 40
2.2 Outreach for Woodland Springs Homeowners 20 40 40 20 40
3.01nitial Eligibility Testing-Rivers Edge Subdivision
3.1 Initial Eligibility Testing
3.2 Post Construction Noise Testing
4.0 Sound Insulation Program
4.1 Program Management
4.1.1 Program Budget 40 24 120
4.1.2 Program Schedule 40 16 120
4.1.3 Customer Service 400 600 140 140 444 220 40
4.1.4 Program Office/Showroom and Warehouse 40 40
4.1.5 Warehouse and Product Inventory Management 80 80 1200 2426
4.1.6 Coordination Meetings 140 160 120 80 100 80 40
4.1.7 Program Records,Reports and Filing 160 160 80 200 120 1860
4.1.8 Safety 40 40
4.1.9 Security Pinkerton Background Checks/Bad in 40 200
4.1.10 Best Practices
4.1.11 Use of Approved Documents 80 40
4.1.12 Avi ation Easements 40 80 200 120 40
4.2 Design Services
4.2.1 Design Coordination and Permitting 40
4.2.2 House Inspection Visit 112 112 112
4.2.3 Design Visit 20 200 200
4.2.4 Acoustical Treatment Design Package Development 40
4.2.5(a)Conduct General Contractor Interview Night 28 28 28 19 40
4.2.5(b)Homeowner Design Review Meeting 28 232 180
4.2.6 Bid Package Development 30 28 60
4.2.7 Pre-Bid Open House and Bidder Inquiries/Prod.Proc.Activities 40 112 112 112 40 20
4.2.8 Design Cost Estimating 28
4.2.9 Bid Opening,Bid Review and Contract Award 112 120 112 40 20 20
4.2.10 Homeowner Notification of Award 40 100 50
4.3 Construction Management Services
4.3.1 Construction Contractor Outreach 24 24 80 20
4.3.2 Construction Contractor Participation 24 24 80 80 28
4.3.3 Performance and Payment Bonds 12 24 100
4.3.4 Pre-Construction Activities 24 80 28 80 40
4.3.5 Pre-Construction Visits 24 100 28 100 50
4.3.6 Emergencies
4.3.7(a)Construction Activities 860 1000 164 40 20
4.3.7(b)Punch List Inspection 100
4.3.8 Coordination of Technical Inspection and Testing 25 50 25 66
4.3.9 Construction Dispute Management 4 25
4.3.10 Contr/Mfr.Inv/Lien Waivers/Payroll Com I/Permit Values/Closeout 40 30 940
4.3.11 Warranty Repairs 14 28 40
5.0 Purchase Assurance I Sales Assurance I Transaction Assistance
5.1 Purchase Assurance 40 24 20 20
5.2 Sales Assurance 40 24 20 20
5.3 Transaction Assistance(estimate of 15 homes) 600 24 400 200 50
5.4 Avi ation Easement Purchase estimate of 15 homes 300 24 200 100
Total Hours 2240 194 2426 2250 1920 1600 2426 2426 80 2426 2426
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Noise Mitigation of Residential Homes Impacted by Westside Development
Landrum& Brown Fee Proposal
Date 21-Sep-21
LANDRUM& BROWN LABOR HOUR ESTIMATE
Associate Senior Managing Senior
Task VP Consultant Consultant
3.0 Initial Eligibility Testing -Rivers Edge Subdivision
4 4 �-�
4 n ❑ sto +
A 9 12 A"igatinn Cocomon+c
LANDRUM& BROWN LABOR HOUR ESTIMATE
Associate Senior Managing Senior
Task VP Consultant Consultant
4.2 Design Services
4.2.1 Design Coordination and Permitting 40 40
C A Drnhnce Accrn v.ne /Cnlec Accrn v.ne /Trn v.cnn+inv. Ac c+n v.ne
Total Hours 40 1 0 40
Landrum & Brown Fee Estimate
Date: 9/21/2021
LABOR COST
Salary Rate Hours Salary Cost
Associate VP $ 86.54 40 $ 3,461.60
Senior Managing Consultant $ 87.02 0 $ -
Senior Consultant $ 56.25 40 $ 2,250.00
Consultant $ -
Analyst $ -
Project Administrator $ -
Salary Cost $ 5,711.60
Overhead Rate @ 193.00% $ 11,023.39
Sub-Total $ 16,734.99
Profit @ 10.00% $ 1,673.50
Total Labor Cost $ 18,408.49
REIMBURSABLE EXPENSES
Cost Amount Total
Flights $ -
Lodging $ -
Meals & Incidentals per trip $ -
Car Rental $ -
SLM LD824/ per day $ -
SI L System / per day $ -
Shipping per trip $ -
Miscellanenous per trip (gas, parking, tolls, taxi) $ -
Total Reimbursables $ -
TOTAL FEE $ 18,408.49
ATTACHMENT C
Reserved
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.7 �
ATTACHMENT F
VERIFICATION OF SIGNATURE AUTHORITY FORM
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Vendor. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into
any agreement or amendment with Vendor. Vendor will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely
on any current executed Form until it receives a revised Form that has been properly
executed by Vendor.
Name:
Position:
Signature
Name:
Position:
Signature
Name:
4 ----=
Signature of Senior Vice President
Other Title:
Date: 7/14/2022
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
ATTACHMENT G
FORT WORTH,.)
City of Fort Worth
Federal Contract Provisions
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 ofthe 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:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities,as they may be amended from
time to time,which are herein incorporated by reference and made a part of this contract.
2. 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 and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor will not participate directly or indirectly in the discrimination
Amendment No.3 to CSC No.54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc.for
Noise Mitigation Services
Page 2 of 23
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.
3. 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 thegrounds 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:
• 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);
Amendment No.3 to CSC No.54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc.for
Noise Mitigation Services
Page 3 of 23
• 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 § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC 1251-1387).
The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes
Amendment No.3 to CSC No.54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc.for
Noise Mitigation Services
Page 4 of 23
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 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 oncovered work during the prior
week. Owner must report any violations of the Act to the Federal Aviation Administration.
Amendment No.3 to CSC No.54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc.for
Noise Mitigation Services
Page 5 of 23
FCP-8 DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site ofthe 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 CFRPart 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)(11)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 bythe contracting
officer to the Administrator of the Wage and Hour Division, Employment Standard 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
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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)(11)
(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 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
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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 tothe laborers ormechanics affected,andthat 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.gov/whd/forms/wh347instr.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 party to the contract,but if the agency is not such a party,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)(11), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(1), 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;
(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
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WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph
(3)(11)(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)(1) 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 anapprentice. 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 forthe applicable classification.Ifthe Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that
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
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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.
(111) 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.
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.
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Disputes arising out of the labor standards provisions of this contract shall not be subj ect 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.
(1) 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).
(11) 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).
(111) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
FCP-9 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the consultant certifies that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction",must verify each lower tier participant of a"covered transaction"under the project is not presently
debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder
will accomplish this by:
1. Checking the System for Award Management at website: http://www.safn.gov.
2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding Debarment,
above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher
tier participant that it was excluded or disqualified at the time it entered the covered transaction,the FAA may
pursue any available remedies,including suspension and debarment of the non-compliant participant.
FCP-10 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor 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 part26 in the
award and administration of Department of Transportation-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 Owner deems appropriate,which may include,but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
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4) Disqualifying the Contractor from future bidding as non-responsible.
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than [specify number] days from the receipt of each payment the prime contractor receives
from [Name of recipient].The prime contractor agrees further to return retainage payments to each subcontractor
within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any
delay or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the [Name of Recipient]. This clause applies to both DBE and non-DBE
subcontractors.
FCP-11 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving",
(10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation
Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease
crashes by distracted drivers, including policies to ban text messaging while driving when performing work
related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers,including policies that ban text
messaging while driving motor vehicles while performing work activities associated with the project. The
Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve
driving a motor vehicle in performance of work activities associated with the project.
FCP-12 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-13 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
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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 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-14 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;
c. "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:
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(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 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.
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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 andtrainees 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.
7. 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 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;
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bypublicizing 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 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 orto 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
usertoilet 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
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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 minoritygroup 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 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
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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-15 SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29
CFR part 201,the Federal Fair Labor Standards Act(FLSA),with the same force and effect as if given in full
text. The FLSA sets minimum wage,overtime pay,recordkeeping, and child labor standards for full and part-
time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or
regulation. The Consultant must address any claims or disputes that arise from this requirement directly with
the U.S. Department of Labor—Wage and Hour Division.
FCP-16 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 ofthe Bidder or Offeror,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract,the making of any Federal grant,the making
of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal, amendment,or modification of any Federal contract,grant, loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into.Submission ofthis certification is a prerequisite for making or entering into this transaction
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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-17 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-18 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-19 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The Engineer must complete the following two certification statements. The Engineer must indicate
its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( 0 )
in the space following the applicable response. The Engineer 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 Engineer represents that it is ( D ) is not(2) 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.
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2) The Engineer represents that it is ( D ) is not ( W ) is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an Engineer responds in the affirmative to either of the above representations, the Engineer 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 Engineer therefore must provide information to
the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airpolts 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 twcntyfour(24)months
of a felony criminal violation under any Federal law and includes conviction of an offense defined in
a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense
that is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax dcl inqucnc y 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 i s not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
FCP-20 TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant,terminate this Agreement for its convenience and without
cause or default on the part of Consultant. Upon receipt of the notice of termination,except as explicitly directed
by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the
Agreement,the Consultant must deliver to the Owner all data, surveys,models,drawings, specifications,reports,
maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under
this contract,whether complete or partially complete. Owner agrees to make just and equitable compensation to
the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold
Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action
under this clause.
FCP-21 TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either parry may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the
termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating
parry must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement.
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The notice must specify the nature and extent of the breach, the conditions Guidelines for Contract Provisions
for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Page 67 necessary
to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in
addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner:
The Owner may terminate this Agreement in whole or in part,for the failure of the Consultant to: 1. Perform the
services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress
so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are
essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must
immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the
Agreement,the Consultant must deliver to the Owner all data, surveys,models,drawings, specifications,reports,
maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under
this contract,whether complete or partially complete. Owner agrees to make just and equitable compensation to
the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold
Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action
under this clause. If, after finalization of the termination action,the Owner determines the Consultant was not in
default of the Agreement,the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.b)Termination by Consultant: The Consultant may terminate this
Agreement in whole or in part,if the Owner: 1.Defaults on its obligations under this Agreement;2.Fails to make
payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than
[180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the
Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion
thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination
settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of
termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all
services performed or furnished in accordance with this Agreement and all justified reimbursable expenses
incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant
harmless for errors or omissions in documents that are incomplete as a result of the termination action under this
clause.
FCP-22 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,
the Offeror—
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that
discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or
national of a foreign country included on the list of countries that discriminate against U.S.firms as published by
the USTR; and
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3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a
foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the
making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title
18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of
changed circumstances. The Contractor must require subcontractors provide immediate written notice to the
Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR
30.17,no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of
countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on
such USTR list or
3)who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render,in good faith,the certification required by this provision. The knowledge and information of a contractor
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision
for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification
of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that
discriminate against U.S. firms as published by USTR,unless the Offeror has knowledge that the certification is
erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If
it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the
Federal Aviation Administration(FAA)may direct through the Owner cancellation of the contract or subcontract
for default at no cost to the Owner or the FAA.
FCP-23 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor
and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States
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Code Section 47112. Covered veterans include Vietnam-era veterans,Persian Gulf veterans,Afghanistan-Iraq
war veterans,disabled veterans,and small business concerns(as defined by 15 USC 632)owned and controlled
by disabled veterans. This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
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Create New From This M&C
DATE: 11/9/2021 REFERENCE **M&C 21- LOG NAME: 55AFW NOISE MITIGATION
NO.: 0863 PROJECT AMENDMENT III
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize the Execution of Amendment No. 3 to City Secretary Contract No.
54648, a Standard Agreement for Engineering Related Professional Services with Jacobs
Engineering Group Inc, to Increase the Contract Amount Up to $13,668,220.35 for the
Noise Mitigation Project at Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 3 to City Secretary
Contract No. 54648, a standard agreement for engineering related professional services with Jacobs
Engineering Group Inc., to increase the contract amount up to $13,668,220.35 for the Noise
Mitigation project (City Project Nos. 102901 & 103131) at Fort Worth Alliance Airport.
DISCUSSION:
On September 15, 2020, Mayor and Council Communication (M&C)20-0667, the City Council authorized
the execution of an engineering services agreement with Jacobs Engineering Group Inc. (Jacobs) in the
amount of$3,340,573.00 for the Noise Mitigation project (Project) at Fort Worth Alliance Airport(Airport).
On February 4, 2021, Amendment No. 1 to City Secretary Contract No. 54648 was executed in the
amount of $24,871.15 with Jacobs for additional services to the original agreement for software and
website development services to allow for virtual public meetings and the creation of a new website for
the Project.
On May 4, 2021, Amendment No. 2 to City Secretary Contract No. 54648 (M&C 21-0319) was executed
in the amount of$100,950.45 with Jacobs for additional acoustical testing of homes in the Rivers Edge
subdivision (Rivers Edge).
Amendment No. 3, if approved, will include costs associated for the five noise mitigation methods further
described in the original agreement, as well as a live Town Hall event that occurred in June of 2021. If
eligible, property owners will be able to select one of the five noise mitigation methods, which consist
of the purchase of avigation easement rights, sound insulation of non-compatible structures, purchase
assurance, sales assurance and transaction assistance. The live Town Hall event provided an
opportunity for homeowners to come and learn more about this program and ask questions with Project
staff.
At the start of this Project, it was unknown how many properties would be eligible for noise mitigation
measures. The original agreement and Amendment No. 2 included funding for acoustical testing of
homes in Rivers Edge to determine which homes were eligible. As of September 2021, 227
properties meet the eligibility requirements under the noise mitigation program. Project staff have begun
discussions with property owners regarding their mitigation options. To date, 127 homeowners have
selected sound insulation, eight have selected transaction assistance and three have selected avigation
easements.
Approximately seventeen properties still require acoustical testing, and further discussions with
homeowners are still required. The proposed Amendment No. 3 provides a reasonable estimate of the
funding required to address the remaining noise mitigation measures for eligible properties.
Funding for this project has been provided by Federal Aviation Administration (FAA) grants from Fiscal
Years (FY) 2019, 2020 and 2021. A total of $19,111,110.00 has been given to the City for this project,
with $888,888.88 in land credits used for the City's match in 2019. No match was required for the
FY 2020 and 2021 grants.
Jacobs Engineering Group, Inc. is in compliance with the City's DBE Program by committing to 35\%
DBE participation on this Project. The City's DBE goal on this Project is 35\%.
Since no City salaries will be charged to this grant, indirect cost recovery does not apply.
Fort Worth Alliance Airport is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Muni Airport Grants Federal Fund for the AFW Noise Mitigation Grant 2019 and
AFW Noise Mitigation 2020 projects to support the approval of the above recommendation
and execution of the amendment. Prior to an expenditure being incurred, the Aviation Department has
the responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount L
ID ID I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
102901 & 103131 AFW Noise Mitigation Project Amendment 3 Compliance Memo
09302021 WN.pdf (CFWlnternal)
55AFW NOISE MITIGATION PROJECT AMENDMENT III FID Table.xlsx (CFW Internal)
55AFW NOISE MITIGATION PROJECT AMENDMENT III funds availability.dou (CFW
Internal)
55AFW NOISE MITIGATION PROJECT AMENDMENT III Map.pdf (Public)
Form 1295 Certificate 100806056.pdf (CFW Internal)