HomeMy WebLinkAboutContract 54648-A5CSC No. 54648-A5
AMENDMENT NO. 5 OF FORT WORTH
CITY SECRETARY CONTRACT NO. 54648
BETWEEN THE CITY OF FORT WORTH AND
JACOBS ENGINEERING GROUP INC.
This AMENDMENT NO. 5 ("Amendment") to City Secretary Contract (CSC) No. 54648, as
amended, (Agreement) is made and entered into by and between the CITY OF FORT WORTH ("City"),
a home rule municipal corporation organized under the laws of the State of Texas, acting by and through
Dana Burghdoff, its duly authorized Assistant City Manager, and Jacobs Engineering Group Inc.
("Engineer"), acting by and through Katus Watson, its duly authorized Senior Vice President.
RECITALS
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
("Airport"), and on May 8, 2020, Engineer was selected;
WHEREAS, On October 7, 2020, City and Engineer entered into City Secretary Contract ("CSC")
No. 54648 ("Agreement"), for Engineering, Consulting, Construction and Other Noise Mitigation services
for City Project No. 102901, "Noise Mitigation Measures at Fort Worth Alliance Airport" ("Project");
WHEREAS, On or about February 4, 2021, City and Engineer executed Amendment No. 1 to
the 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
Coronavirus;
WHEREAS, On or about June 2, 2021, City and Engineer executed Amendment No. 2 of the
Agreement which increased the compensation 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 Federal Aviation Administration
(FAA);
WHEREAS, On or about July 15, 2022, City and Engineer executed Amendment No. 3 which
was an amendment and restatement of the Agreement that changed certain provisions of the Agreement
and the Scope of Services as more fully set forth in Amendment 3 and incorporated additional funds
into the Project because it had then been determined that all 264 homes in Rivers Edge were eligible for
one of the five noise mitigation alternatives available as described in the Scope of Services for
Amendment 3;
WHEREAS, under Amendment 3, the parties acknowledged that the amount of homes and cost
per home for sound insulation were not definitive and the parties had agreed that if additional funding
was needed, the City would endeavor to appropriate remaining grant funding and execute subsequent
amendments to the Agreement;
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and OFFICIAL RECORD
Jacobs Engineering Group Inc. for CITY SECRETARY
Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport
Page 1 of 5 FT. WORTH, TX
WHEREAS, On or about June 26, 2023, City and Engineer executed Amendment No. 4 which
increased the compensation amount for the continued noise mitigation efforts on homes in Rivers Edge
and made slight adjustments to the Scope of Services under the Agreement to reflect work performed
under each amendment;
WHEREAS, upon the expenditure of all funding currently allocated within the Agreement and
out of a projected twenty (20) total bid cycles in Amendment 4, some portion of professional services
will have been conducted through such 20 Bid Cycles;
WHEREAS, in total, upon the expenditure of all existing funds under the current Agreement,
construction will be completed on approximately 106 residential properties in Rivers Edge, products
and materials on approximately 137 homes in Rivers Edge will be purchased, and some form of
professional services will have been conducted on up to 216 homes under the Project;
WHEREAS, additional funding is necessary to continue work under the Agreement;
WHEREAS, the City, through this Amendment, agrees to allocate the available grant funding
recently awarded to the City to continue the noise mitigation efforts on houses in Rivers Edge; and
WHEREAS, City and Engineer have both agreed to (i) update the compensation section of the
Agreement to include an additional $11,464,013.00 in funds under the Agreement, bringing the total not
to exceed amount to $30,528,941.17; (ii) add certain changes to the Scope of Services under the
Agreement; (iii) incorporate the additional costs and change invoice reporting requirements within the
compensation schedule under Attachment B of the Agreement through this Amendment; and (iv) update
Exhibit "D" of the Agreement to reflect the design and construction schedule for 21 projected bid cycles.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, City and Engineer hereby agree as follows:
1.
The Agreement is hereby amended by deleting Article II, "Compensation and Term of
Agreement," in its entirety and replacing it with the following:
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$30,528,941.17 as set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this
Agreement shall be for a term beginning upon the effective date, as
described below, and shall continue until the expiration of the funds
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc. for
Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport
Page 2 of 5
or completion of the subject matter contemplated herein, whichever
occurs first.
2.
Attachment A, "Scope of Services" of the Agreement is hereby amended as follows:
a. Remove the title of the first Section entitled "OVERVIEW OF CONTRACT
AMENDMENTS 3 and 4" and replace with "OVERVIEW OF CONTRACT
AMENDMENTS 3, 4, & 5"
b. Add the following after the third bullet point in the first Section of Exhibit A:
In summary:
• Program Management, Homeowner Outreach and Orientation Services, and the
Sound Insulation costs are estimated based on approximately 102 residential
properties participating in the Project for this Amendment 5 of the AGREEMENT
(services for Post Construction Noise Testing was approved and funded previously).
c. Add the following new paragraph after the third full paragraph in the first Section of Exhibit
A (such third paragraph was added in Amendment 4):
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
Amendment 5 of the AGREEMENT include 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 Amendment 5 of the
AGREEMENT are provided in Attachment B, Compensation to the AGREEMENT.
d. Amend section 4.3.2(c) of the Scope of Services to include the following paragraph:
CONSULTANT will work with the City upon implementation of a City -procured certified
payroll Davis -Bacon compliance software (when available) as an option to facilitate
efficiencies in the collection of certified payrolls. Consultant will submit copies of certified
payrolls that are collected on a weekly basis through the last Friday of each month from all
sub -contractors for the PROJECT that are required to submit certified payrolls, if any, to the
City by the 5th day of the following month throughout the term of the PROJECT.
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc. for
Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport
Page 3 of 5
3.
Attachment B, "Compensation" of the Agreement is hereby amended by adding the attached
Exhibit "A" of this Amendment.
Q
Attachment D, "Project Schedule" of the Agreement is hereby deleted and replaced with Exhibit
"B" of this Amendment.
5.
Attachment G, "Federal Contract Provisions" of the Agreement is hereby deleted and replaced
with Exhibit "C" of this Amendment.
N
The statements set forth in the recitals above are true and correct and form the basis upon which
City and Engineer have entered into this Amendment.
7.
All other provisions and conditions of the Agreement that are not expressly amended herein or
directly in conflict with the provisions and conditions of this Amendment shall remain in full force and
effect.
(Signature Page to Follow)
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc. for
Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples on
Dec 11, 2023 , the effective date of this Amendment.
BY:
CITY OF FORT WORTH
ba�c.11 Bcr-111td
Dana Burghdoff (Ded-fl, 2023 i :33 CST)
Dana Burghdoff
Assistant City Manager
Date: Dec 11, 2023
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.
Er"' v L . 2
Erin Roden
Senior Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY
By:
Thomas Royce Hansen
Assistant City Attorney
na
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ATTEST: ,=8
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Jannette Goodall
City Secretary
BY:
JACOBS ENGINEERING GROUP INC.
Katus Watson
Senior Vice President
Date: 12/08/2023
Form 1295 No. 2023-1063741
M&C No.
M&C Date:
23-0773
9/ 12/2023
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and OFFICIAL RECORD
Jacobs Engineering Group Inc. for CITY SECRETARY
Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport FT. WORTH, TX
Page 5 of 5
EXHIBIT A ,;acobs
Compensation
COMPENSATION
The cost amount for Modification No. 5 is $11,464,013.00 ($2,496,335.50 for professional services,
plus estimated Reimbursable Expenses of $8,967,677.50). 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 current project data and projected product cost increases 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 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. All invoices are required to include time sheets from
both Consultant and any 1 st tier sub -contractors.
The City shall make bi- monthly progress payments within fourteen (14) days after receipt of each
properly submitted andaccurate 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 pool of
specialty contractors and the lowest responsible, responsive bid will form 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: 9/21 /23
Fort Worth Alliance Airport
Fee Proposal for Noise Mitiqation Proqram - MOD 5
Jacobs
THC
$ 363,978.87
$ 11,100,034.13
Total Fee Proposal $ 11,464,013.00
Jacobs- MOD 5 Fee Proposal
Date: 9/21 /23
LABOR COST
Salary
Rate
Hours
Salary Cost
Program Manager
$
115.41
795
$
91,750.95
Senior Architect
$
53.87
512
$
27,581.44
Project Architect
$
55.06
200
$
11,012.00
Estimator
$
110.00
12
$
1,320.00
BIM Tech
$
51.44
440
$
22,633.60
BIM Tech
$
25.97
110
$
2,856.70
QC Reviewer
$
63.72
6
$
382.32
Project Coordinator
$
32.98
53
$
1,747.94
Total Hours
2128
Salary Cost
$
159,284.95
Overhead Rate @
105.61 %
$
168,220.84
Sub -Total
$
327,505.79
Fee @
10.00%
$
32,750.58
(Total Labor Cost
$
360,256.37 ,
REIMBURSABLE EXPENSES
Cost Amount Total
Mileage (65.5 cents/mile- Curent GSA Rate) $ 0.655 5300 $ 3,471.50
Miscellaneous $ 251.00
Total Reimbursables $ 3,722.50
TOTAL JACOBS FEE $ 363,978.87
THC- Mod 5 Fee Proposal
Date: 9/21 /23
I LABOR COST
f
Salary Rate
Hours
Salary Cost i
lOn-site Project Manager
$
38.46
2300
$
88,458.00
lConstruction Manager
$
33.65
2300
$
77,395.00
lConstruction Inspector
$
35.10
2300
$
80,730.00
Procurement/Construction Manager
$
42.00
2275
$
95,550.00
1 Homeowner Agent
$
36.06
2300
$
82,938.00
lWarehouse Manager
$
31.01
2000
$
62,020.00
lAdministrative Assistant
$
26.44
2000
$
52,880.00
lWarehouse Worker
$
21.63
2000
$
43,260.00
1 IT Coordinator
$
28.32
20
$
566.40
lOn-call Program Manager
$
28.30
200
$
5,660.00
Principal
$
81.93
300
$
24,579.00
Salary Cost
$
614,036.40
10verhead Rate @
202.50%
$
1,243,423.71
Sub -Total
$
1,857,460.11
Profit @
15.00%
$
278,619.02
Total Labor Cost
$
2,136,079.13
Sub -consultants
Rate
Unit/hrs
Total
lAlamo Title
$
1,200.00
102
$
122,400.00
Total Sub -consultants
$
122,400.00
I REIMBURSABLE EXPENSES
f
Cost
Units
Total i
Flights
$
750.00
$
-
ITHC Taxi (Taxi)
80.00
12
$
960.00
ITHCAirfare (Airfare)
1,200.00
2
$
2,400.00
ITHCAuto Rent (Auto Rental)
200.00
4
$
800.00
JTHCCompConsul (Computer Consulting)
1,080.00
12
$
12,960.00
ITHCDrugtest (Drug Testing)
74.00
2
$
148.00
ITHCEquipLease (Equipment Lease)
310.00
15
$
4,650.00
1THCEquipRent (Equipment Rental)
2,300.00
12
$
27,600.00
1THClnternet (Internet Charges)
635.00
13
$
8,255.00
1THClnvestigations (Reimbursable Investigations)
250.00
4
$
1,000.00
ITHCJanitor (Janitorial Services)
500.00
12
$
6,000.00
1THCLodging (Lodging)
250.00
4
$
1,000.00
ITHCMileage (Mileage) ($.655 per mile (current GSA rate) for 200 miles/month)
131.00
12
$
1,572.00
1THCParking (Parking Charges)
100.00
12
$
1,200.00
1THCPostage (Postage)
225.00
12
$
2,700.00
ITHCPrinting (Printing)
55.00
12
$
660.00
ITHCRent (Rent)
25,200.00
17
$
428,400.00
ITHCRepair (Equipment Repairs)
2,500.00
17
$
42,500.00
ITHCSecurityMaint (Security Maintenance Fee)
50.00
17
$
850.00
ITHCSupplies (Office Supplies)
800.00
12
$
9,600.00
ITHCTelephone (Telephone Service)
700.00
12
$
8,400.00
ITHCTravel (Reimbursed Travel)
200.00
12
$
2,400.00
ITHCUtilities (Reimbursed Utilities)
2,500.00
17
$
42,500.00
flTotal THC Reimbursables
$
606,555.00
Total THC
$
2,865,034.13
lConstruction (construction, mgt fee, bond)
$
80000.00
102
$
8,160,000.00
Assistance
$
25:000.00
3
$
75,000.00
IITransaction
(Total Construction and Transaction Assistance
$
8,235,000.00
TOTAL THC FEE $11,100,034.13 1
EXHIBIT B
DESIGN AND CONSTRUCTION SCHEDULE - SINGLE FAMILY HOMES
1
6
11/30/21
12/13/21 - 12/14/21
12/15/21 - 01/17/22
01/18/22
01/19/22 - 01/21/22
02/09/22
02/23/22
02/24/22 - 03/02/22
02/28/22 - 06/17/22
06/20/22- 08/17/22
06/28/22 - 09/01/22
09/02/22 - 09/05/22
2
9
01/04/22
01/24/22 - 01/25/22
01/26/22 - 02/14/22
02/15/22
02/16/22 - 02/17/22
03/09/22
03/23/22
03/24/22 - 03/31/22
03/28/22 - 07/15/22
07/20/22- 09/26/22
08/01/22 - 10/10/22
10/11/22 - 10/12/22
3
12
02/01/22
02/22/22 - 02/24/22
02/24/22 - 03/14/22
03/15/22
03/16/22 - 03/18/22
04/06/22
04/20/22
04/21/22 - 04/29/22
04/25/22 - 08/12/22
08/05/22 - 10/04/22
08/15/22 - 10/26/22
10/27/22 - 10/28/22
4
11
03/01 /22
03/21 /22 - 03/23/22
03/24/22 - 04/12/22
04/12/22
04/13/22 - 04/15/22
05/04/22
05/18/22
05/19/22 - 05/27/22
05/23/22 - 09/09/22
10/14/22 - 01 /30/22
10/18/22 - 02/16/22
02/17/22 - 02/20/22
5
10
04/05/22
04/25/22 - 04/27/22
04/28/22 - 05/10/22
05/10/22
05/11/22 - 05/13/22
06/01/22
06/15/22
06/16/22 - 06/24/22
06/20/22 - 10/07/22
11/07/22 - 03/20/22
11/08/22 - 04/03/22
04/04/22 - 04/05/22
6
13
05/03/22
05/23/22 - 05/25/22
05/26/22 - 06/14/22
06/14/22
06/15/22 - 06/17/22
07/06/22
07/20/22
07/21/22 - 07/29/22
07/25/22 - 11/11/22
11/28/22 - 04/12/22
12/06/22 - 04/21/22
04/24/22 - 04/25/22
7
12
06/07/22
06/27/22 - 06/29/22
06/30/22 - 07/19/22
07/19/22
07/20/22 - 07/22/22
08/10/22
08/24/22
08/25/22 - 09/02/22
08/29/22 - 12/16/22
02/27/22 - 05/10/22
03/06/23 - 05/26/23
05/29/23 - 05/30/23
8
12
07/05/22
07/25/22 - 07/27/22
07/28/22 - 08/16/22
08/16/22
08/17/22 - 08/19/22
09/07/22
9/21/2022
09/22/22 - 09/30/22
09/26/22 - 01/13/23
04/13/23 - 06/30/23
04/24/23 - 07/14/23
07/17/23-07/18/23
9
15
08/02/22
08/22/22 - 08/24/22
08/25/22 - 09/13/22
09/13/22
09/14/22 - 09/16/22
10/05/22
10/19/2022
10/20/22 - 10/28/22
10/24/22 - 02/10/23
05/12/23 - 08/08/23
05/16/23 - 08/17/23
08/21 /23 - 08/22/23
10
8
09/06/22
09/19/22 - 09/21/22
09/22/22 - 10/11/22
10/11/22
10/12/22 - 10/14/22
11/02/22
11/22/22
11/23/22 - 11/30/22
11/21/22 - 03/10/23
06/15/23 - 09/15/23
06/20/23 - 12/22/23
12/27/23 - 12/28/23
11
16
10/04/22
10/17/22 - 10/19/22
10/20/22 - 11/08/22
11/08/22
11/09/22 - 11/11/22
11/30/22
12/14/22
12/15/22 - 12/28/22
12/19/22 - 04/21/23
12/04/23 - 12/08/23
12/11/23 - 01/12/24
01/15/24 - 01/16/24
12
13
11/01/22
11/14/22 - 11/16/22
11/17/22 - 12/06/22
12/06/22
12/07/22 - 12/09/22
12/21/22
01/11/23
01/12/23 - 01/25/23
01/09/23 - 05/19/23
12/25/23 - 01/05/24
01/08/24 - 02/02/24
02/05/24 - 02/06/24
13
13
11/29/22
12/12/22 - 12/14/22
12/15/22 - 01/10/23
01/10/23
01/11/23 - 01/13/23
01/25/23
02/08/23
02/09/23 - 02/22/23
02/13/23 - 06/16/23
01/29/24 - 02/02/24
02/05/24 - 03/01/24
03/04/24 - 03/05/24
14
11
01/03/23
01/17/23 - 01/19/23
01/19/23 - 02/07/23
02/07/23
02/08/23 - 02/10/23
02/22/23
03/08/23
03/09/23 - 03/22/23
03/13/23 - 07/14/23
02/26/24 - 03/01/24
03/04/24-03/29/24
04/01/24 - 04/02/24
15
9
02/06/23
02/13/23 - 02/15/23
02/16/23 - 03/07/23
03/07/23
03/08/23 - 03/10/23
03/22/23
04/05/23
04/06/23 - 04/18/23
04/10/23 - 08/11/23
03/25/24 - 03/29/24
04/01/24 - 04/26/241 04/29/24 - 04/30/24
16
10
03/28/23
04/10/23 - 04/12/23
04/13/23 - 04/25/23
05/02/23
05/03/23 - 05/05/23
05/17/23
06/07/23
06/08/23 - 06/21/23
06/05/23 - 10/06/23
04/22/24 - 04/26/24
04/29/24 - 05/24/24
05/27/24 - 05/28/24
17
7
04/25/23
05/15/23 - 05/17/23
05/18/23 - 06/06/23
06/06/23
06/07/23-06/09/23
06/21/23
07/05/23
07/06/23 - 07/19/23
07/10/23 - 11/10/23
05/20/24 - 05/24/24
05/27/24 - 06/21/24
06/24/24 - 06/25/24
18
7
05/30/23
06/19/23 - 06/21/23
06/22/23 - 07/11/23
07/11/23
07/12/23 - 07/14/23
07/26/23
08/09/23
08/10/23 - 08/22/23
08/14/23 - 12/22/23
06/17/24 - 06/21/24
1 06/24/24 - 07/19/24
07/22/24 - 07/23/24
19
11
06/27/23
07/17/23 - 07/19/23
07/20/23 - 08/08/23
08/08/23
08/09/23 - 08111 /23
08/23/23
09/06/23
09/07/23 - 09/20/23
09/11 /23 - 01 /19/24
07/15/24 - 07/19/24
07/22/24 - 08/16/24
08/19/24 - 08/20/24
20
8
07/25/23
08/14/23 - 08/16/23
08/17/23 - 09/05/23
09/05/23
09/06/23 - 09/08/23
09/20/23
10/04/23
10/05/23 - 10/18/23
10/09/23 - 02/16/24
08/12/24 - 08/16/24
08/19/24 - 09/13/24
09/16/24-09/17/24
21
12
88/2902
09/18/23 - 09/20/23
09/21/23 - 10/10/23
1900122
10/11/23 - 10/13/23
10/25/2023
11/8/2023
11/09/23 - 11/22/23
11/13/23 - 03/22/24
09/09/24 - 09/13/24
09/16/24 - 10/11/24
10/14/24 - 10/15/24
Total of 225 (Actual and Projected) in Above Bid Cycles
Revised: 11/30/2023
Bid Cycle Activities Completed
JBid Cycle Activities In Progress
EXHIBIT C
ORTWORTHO
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 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 18.2 %
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical area
located outside of the covered area, it shall apply the goals established for such geographical area where the
work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both
its federally involved and non -federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female
employment and training must be substantially uniform throughout the length of the contract, and in each trade,
and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.
The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work
hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at
any tier for construction work under the contract resulting from this solicitation. The notification shall list the
name, address, and telephone number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is within the City
of Fort Worth, Tarrant County, Texas.
Amendment No. 5 to CSC No. 54648
Between the City of Fort Worth and
Jacobs Engineering Group Inc. for
Noise Mitigation Services
FCP-3 BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in
the suspension or termination of this contract or such other action that may be necessary to enforce the rights of
the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the
Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold
payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the
contract. The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner
may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated
in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law.
FCP-4 FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made
in America Laws,' U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be
obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United
States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as
an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the
FAA Nationwide Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA's Buy American
Preference, BABA and Made in America laws included herein with their bid or offer. The Airport
Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of
compliance with FAA's Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply
other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials;
aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily
of. non-ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the
project are manufactured in the U.S.
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification
statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101,
BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of
' Per Executive Order 14005 "Made in America Laws" means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance
awards or federal procurement, including those that refer to `Buy America" or `Buy American," that require, or provide a preference for, the purchase or
acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.
the following certification statements. These statements are mutually exclusive. Bidder must select one or the
other (i.e., not both) by inserting a checkmark (✓) or the letter "X".
❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related
U.S. statutes, guidance, and policies of the FAA by:
a) Only installing iron, steel and manufactured products produced in the United States;
b) Only installing construction materials defined as: an article, material, or supply — other than an
item of primarily iron or steel; a manufactured product; cement and cementitious materials;
aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or
consist primarily of non-ferrous metals; plastic and polymer -based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass
(including optic glass); lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA) has
issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers
Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition
Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of
the iron, steel, and/or manufactured product.
b) To faithfully comply with providing U.S. domestic products.
c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating
circumstances emerge that the FAA determines justified.
d) Certify that all construction materials used in the project are manufactured in the U.S.
X The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences
of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting
this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the
responsive bidder, a formal waiver request and required documentation that supports the type of
waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is cause for a
non -responsive determination that may result in rejection of the proposal.
c) To faithfully comply with providing U.S. domestic products at or above the approved U.S.
domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects.
e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating
circumstances emerge that the FAA determines justified.
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or
manufactured goods are not available in sufficient quantity or quality in the United States. The required
documentation for the Nonavailability waiver is
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
b) Record of thorough market research, consideration where appropriate of qualifying alternate items,
products, or materials including;
c) A description of the market research activities and methods used to identify domestically manufactured
items capable of satisfying the requirement, including the timing of the research and conclusions
reached on the availability of sources.
Type 3 Waiver — The cost of components and subcomponents produced in the United States is more than 60
percent of the cost of all components and subcomponents of the "facility/project." The required documentation
for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content
(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products
excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be
considered as non -domestic products in their entirety).
c) Cost of non -domestic components and subcomponents, excluding labor costs associated with final
assembly and installation at project location.
d) Percentage of non -domestic component and subcomponent cost as compared to total "facility"
component and subcomponent costs, excluding labor costs associated with final assembly and installation
at project location.
Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or
construction materials would increase the cost of the overall project by more than 25 percent. The required
documentation for this waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates
that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the
Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the
maker subject to prosecution under Title 18, United States Code.
Date
Signature
Jacobs En2ineerin2 Groun Inc. Senior Vice President
Company Name Title
FCP-5 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.
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);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601)
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal
or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination
based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such
programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as implemented by
U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations (ensures nondiscrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)1;
• 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).
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, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited
by the Nondiscrimination Acts and Authorities, including employment practices when the contract
covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations
under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or
national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the Sponsor
or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
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.
FCP-6 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean
Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-
1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner
assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
FCP-7 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 $29 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-8 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 on covered work during the prior
week. Owner must report any violations of the Act to the Federal Aviation Administration.
FCP-9 DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount
of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to exist between the
Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR §
5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under (1)(ii) of this section)
and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, U. S. Department of Labor, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)
(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written
request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary
of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program.
2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the 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 the
amount of any costs reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which 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
httv://www.dol.zov/esa/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) That the payroll for the payroll period contains the information required to be provided under 29 CFR
§ 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such
information is correct and complete;
(2) That 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) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal
Aviation Administration, or the Department of Labor and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor,
applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by
the Office, 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted
to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate that is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. hi addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in
this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 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 § 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.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between
the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts
by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
(Aunlicable Wage Determinations Begin on Next Page)
"General Decision Number: TX20220014 02/25/2022
Superseded General Decision Number: TX20210014
State: Texas
Construction Type: Residential
Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall
Counties in Texas.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
If the contract is entered
into on or after January 30,
2022, or the contract is
renewed or extended (e.g., an
option is exercised) on or
after January 30, 2022:
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
If the contract was awarded oni. Executive Order 13658
or between January 1, 2015 andl generally applies to the
January 29, 2022, and the contract.
contract is not renewed or The contractor must pay all
extended on or after January covered workers at least
30, 2022: $11.25 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2022.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 02/25/2022
* SUTX1992-005 05/14/1992
Rates Fringes
BRICKLAYER .......................$ 10.802 **
CARPENTER (Excluding Drywall
Hanging Batt Insulation, Form
Setting) .........................$ 9.283 **
CEMENT MASON/CONCRETE
FINISHER (Excluding Form
Setting) .........................$ 10.767 **
DRYWALL HANGER ...................$ 10.00 **
ELECTRICIAN ......................$ 10.415 **
Form Setter ......................$ 10.902 **
WAC MECHANIC (Including
Pipe, Excluding Duct) ............ $ 9.934 ** 1.128
INSULATOR - BATT.................$ 15.00
Laborers: (Excluding Batt
Insulation)
Common ......................$ 7.25 **
Landscape ...................$ 7.25 **
Mason Tender (Including
Cement and Brick) ......... $ 7.25 **
PAINTER: Brush Only
(Including Drywall
Taping/Finshing).................$ 10.467 **
PLUMBER (Excluding HVAC Work) .... $ 11.569 **
Power equipment operators:
Bulldozer ...................$ 11.621 **
Front End Loader ............ $ 12.422 **
Grader ......................$ 11.25 **
ROOFER...........................$ 8.54 **
TILE SETTER ......................$ 9.54 **
TRUCK DRIVER .....................$ 7.25 **
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($15.00) or 13658
($11.25). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 23706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the ED, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the ED
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""Su.— or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""5U"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0020
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
FCP-10 DEBARMENT
CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror 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 confirm each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally -assisted project. The successful
bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment,
above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher
tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may
pursue any available remedies, including suspension and debarment of the non -compliant participant.
FCP-11 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non -responsible.
Prompt Payment (49 CFR § 26.29; acceptable/sample text provided) —
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of
Fort Worth. The prime contractor agrees further to return retainage payments to each subcontractor within 30
days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written approval of the City of Fort
Worth. This clause applies to both DBE and non -DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor without prior written consent of City of Fort Worth.
This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally
designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another
DBE firm.
City of Fort Worth may provide such written consent only if City of Fort Worth agrees, for reasons stated in the
concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this
paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to City of Fort Worth its request to terminate and/or substitute a DBE subcontractor, the prime
contractor must give notice in writing to the DBE subcontractor, with a copy to City of Fort Worth, of its intent
to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise City of
Fort Worth and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract
and why City of Fort Worth should not approve the prime contractor's action. If required in a particular case as a
matter of public necessity (e.g., safety), City of Fort Worth may provide a response period shorter than five days.
hi addition to post -award terminations, the provisions of this section apply to preaward deletions of or
substitutions for DBE firms put forward by offerors in negotiated procurements.
FCP-12 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving",
(10/l/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation
Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease
crashes by distracted drivers, including policies to ban text messaging while driving when performing work
related to a grant or subgrant.
hi 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 $10,000 that involve
driving a motor vehicle in performance of work activities associated with the project.
FCP-13 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance with
the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-14 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, sexual orientation, gender identity, 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 consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the Contractor's commitments under this section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) 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.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) hi the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with
any such 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 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.
(8) The Contractor will include the provisions of paragraphs (1) through (8) 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 may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
FCP-15 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:
(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 must 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 areas where they do not have
a Federal or federally assisted construction contract shall apply the minority and female goals established for
the geographical area where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance
Programs office or from Federal procurement contracting officers. The Contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor
must have made a commitment to employ the apprentices and trainees at the completion of their training, subject
to the availability of employment opportunities. Trainees must 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 therefor, 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
woman sent by the Contractor, or when the Contractor has other information that the union referral process
has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those programs funded or approved by
the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled
under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all
minority and female employees at least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with onsite supervisory personnel such
superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing
the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to
schools with minority and female students and to minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date
for the acceptance of applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer, and vacation employment to minority and female youth
both on the site and in other areas of a contractor's work force.
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 or to prepare for, through appropriate
training, etc., such opportunities.
m. 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 nonsegregated except that separate or single -user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of
their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -
union, contractor -community, or other similar group 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, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner
(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in
violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, sexual orientation, gender identity, 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 hereof as may be
required by the Government, and to keep records. Records shall at least include for each employee, the name,
address, telephone numbers, 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-16 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-17 CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FCP-18 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-19 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-20 PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the
performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products
containing the highest percentage of recovered materials for items designated by the Environmental Protection
Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the
previous fiscal year.
The list of EPA -designated items is available at www.eDa.2ov/smm/comprehensive-procurement-Lyuidelines-
construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance
schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
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In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard that provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of
the building design and the construction specifications with the seismic standards of NEHRP or an equivalent
building code.
The Contractor agrees to ensure that all work performed under this contract, including work performed by
subcontractors, conforms to a building code standard that provides a level of seismic safety substantially
equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local
building codes that model their code after the current version of the International Building Code (IBC) meet the
NEHRP equivalency level for seismic safety.
FCP-22 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 (✓ ) 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 (_) is not (_✓_) a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
2) The Engineer represents that it is is not (_✓ _) is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If 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 Airports District Office, which will then
notify the agency's SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a
felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the
U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a
felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability.
FCP-23 TERMINATION
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.
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the
Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner.
Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall
immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts
due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed
work, supplies, equipment and materials acquired prior to termination of the work, and as directed in
the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract
that Owner will take possession.
Owner agrees to pay Contractor for:
1. Completed and acceptable work executed in accordance with the contract documents prior to the
effective date of termination;
2. Documented expenses sustained prior to the effective date of termination in performing work and
furnishing labor, materials, or equipment as required by the contract documents in connection with
uncompleted work;
3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts
with Subcontractors and Suppliers; and
4. Reasonable and substantiated expenses to the Contractor directly attributable to Owner's termination
action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or
resulting from the Owner's termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law
or under this contract.
TERMINATION FOR CAUSE (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for conditions, rights, and
remedies associated with Owner termination of this contract for cause due to default of the Contractor.
TERMINATION FOR CAUSE (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the
termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate
the Agreement. The notice must specify the nature and extent of the breach, the conditions 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 for cause 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 for cause 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 Consultant 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-24 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,
the Offeror —
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that
discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or
national of a foreign country included on the list of countries that discriminate against U.S. firms as published by
the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a
foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the
making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title
18 USC 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-25 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor
and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States
Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq
war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled
by disabled veterans. This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
FCP-26 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS
The Contractor certifies by signing and submitting this agreement that, to the greatest extent practicable, the
Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other
manufactured products) in compliance with 2 CFR § 200.322.
FORT WORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE:
AFW Noise Mitigation Project Amendment 5
M&C
23-0773 CPN
105061 CSO # 54648
DOC#
DATE: 12/8/2023
INITIALS
DATE OUT
TO:
Dec 11, 2023
1.
Roger Venables
fw
f�
2.
Royce Hansen
T
Dec 11, 2023
3.
Dana Burghdoff
DB
Dec 11, 2023
4.
Jannette Goodall
S
Dec 12, 2023
IJ
59
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑x No
RUSH: X❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: x❑ Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0773
LOG NAME: 55AFW NOISE MITIGATION PROJECT AMENDMENT V
SUBJECT
(CD 10) Authorize the Execution of Amendment No. 5 to City Secretary Contract No. 54648, an Agreement for Engineering and Other
Professional Services with Jacobs Engineering Group Inc., to Increase the Contract Amount Up to $11,464,014.00 for the Noise Mitigation Project
at Perot Field Fort Worth Alliance Airport, Pending Receipt of Federal Aviation Administration Grant Funds
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 5 to City Secretary Contract No. 54648, an agreement for
engineering and other related professional services with Jacobs Engineering Group Inc., to increase the contract amount up to $11,464,014.00 for
the Noise Mitigation project (City Project Nos. 103538 & 105061) at Perot Field Fort Worth Alliance Airport, pending receipt of Federal Aviation
Administration grant funds.
DISCUSSION:
The Aviation Department is seeking City Council approval to authorize the execution of Amendment No. 5 (Amendment) to City Secretary Contract
No. 54648 (Agreement), an engineering services agreement with Jacobs Engineering Group, Inc. (Jacobs), in an amount up to $11,464,014.00 for
the continued sound insulation and other noise mitigation options for residents in the Rivers Edge Subdivision (Rivers Edge) as part of the Noise
Mitigation project (Project) at Perot Field Fort Worth Alliance Airport (Airport). Execution of this Amendment will be pending receipt of Federal
Aviation Administration (FAA) grant funds.
On September 15, 2020, Mayor and Council Communication (M&C) 20-0667, the City Council authorized the execution of the Agreement in the
amount of $3,340,573.00 for Engineering and Noise Mitigation related professional services at the Airport.
On February 4, 2021, Amendment No. 1 to City Secretary Contract (CSC) 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 June 2, 2021, Amendment No. 2 to CSC No. 54648 (M&C 21-0319) was executed in the amount of $100,950.45 with Jacobs for additional
acoustical testing of homes in Rivers Edge.
On July 15, 2022, Amendment No. 3 to CSC No. 54648 (M&C 21-0863) was executed in the amount of $13,668,220.35 with Jacobs for costs
associated for the five noise mitigation methods, as well as a live Town Hall event that provided an opportunity for property owners to come and
learn more about this program and ask questions with Project staff.
On June 26, 2023, Amendment No. 4 to CSC No. 54648 (M&C 23-0357) was executed in the amount of $1,930,314.00 with Jacobs for continued
noise mitigation of homes in Rivers Edge and costs associated for the other methods of noise mitigation.
Amendment No. 5, if approved, will be for the continued noise mitigation of homes in Rivers Edge and costs associated for the other methods of
noise mitigation further described in the Agreement. Property owners are able to select one of the five methods, which consist of the purchase of
avigation easement rights, sound insulation of non -compatible structures, purchase assurance, sales assurance and transaction assistance. 264
homes in Rivers Edge are eligible for one of the five options, and to date, 228 property owners have selected sound insulation, twenty-two have
selected transaction assistance and fourteen have elected to not participate in the Project.
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.
The FAA has informed the Aviation Department that the Fiscal Year 2023 (FY23) Noise Mitigation grant (Grant) in the amount of $11,428,732.00
will be received in September of 2023. Land credits in the amount of $1,269,859.11 will be used for the City's match. The FY23 Grant, as well as
$35,281.83 from FY21 Grant 69 (City Project No. 103538) will be used to fund this Amendment. This Amendment will not be signed for approval
until the FY23 Grant has been received.
Upon approval of this Amendment and receipt of the FAA FY23 Grant, the total Agreement will be in an amount up to $30,528,943.00 (City Project
Nos. 102901, 103131, 103538 & 105061).
Jacobs Engineering Group, Inc. is in compliance with the City's Business Equity Ordinance by committing to 20% DBE participation on this
Project. The City's DBE goal on this Project is 20%.
Since no City salaries will be charged to this grant, indirect cost recovery does not apply.
Perot Field Fort Worth Alliance Airport is located in COUNCIL DISTRICT 10.
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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 Grant 69 AFW Noise Mitigation and AFW Noise Mitigation 2023 projects to support the approval of the above
recommendation and execution of the amendment. Prior to any expenditure being incurred, the Aviation Department has the responsibility to
validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Roger Venables 6334
Additional Information Contact: Tyler Dale 5416
Expedited