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HomeMy WebLinkAboutContract 54648-A4CSC No. 54648-A4 AMENDMENT NO.4 OF FORT WORTH CITY SECRETARY CONTRACT NO. 54648 BETWEEN THE CITY OF FORT WORTH AND JACOBS ENGINEERING GROUP INC. This AMENDMENT NO. 4 ("Amendment") to City Secretary Contract (CSC) No. 54648 (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 Sindhu Avalokita, its duly authorized Operations Leader. 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. 4 to CSC No. 54648 Between the City of Fort Worth and Jacobs Engineering Group Inc. for OFFICIAL RECORD Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport CITY SECRETARY Page 1 of 5 FT. WORTH, TX CSC NO. WHEREAS, since the execution of Amendment 3, sound insulation services costs have increased and exceeded the estimated average per home sound insulation costs stated within Amendment 3; WHEREAS, it is estimated that the cost for sound insulation services for each home will average around $80,000.00 per home; WHEREAS, upon the expenditure of all funding currently allocated within the Agreement and out of a projected twenty (20) total bid cycles, some portions of professional services will have been conducted through Bid Cycle18; WHEREAS, in total, upon the expenditure of all existing funds under the current Agreement, construction will be completed on approximately 84 residential properties in Rivers Edge, products and materials on approximately 118 homes in Rivers Edge will be purchased, and some form of professional services will have been conducted on up to 200 homes; WHEREAS, additional funding is necessary to continue work under the Agreement; WHEREAS, the City, through this Amendment, agrees to allocate the majority of the available, remaining, grant funding currently 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 $1,930,313.30 in funds under the Agreement, bringing the total not to exceed amount to $19,064,928.17; (ii) incorporate the additional costs and change invoice reporting requirements within the compensation schedule under Attachment B of the Agreement through this Amendment; and (iii) add certain changes to the Scope of Services under the Agreement. 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 $19,064,928.17 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Amendment No. 4 to CSC No. 54648 Between the City of Fort Worth and Jacobs Engineering Group hic. for Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport Page 2 of 5 CSC NO. Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. 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 MODIFICATION 3" and replace with "OVERVIEW OF CONTRACT AMENDMENTS 3 and 4" b. Add the following after the second bullet point in the first Section of Exhibit A: In summary: • Program Management, Homeowner Outreach and Orientation Services, and the Sound Insulation costs were estimated based on approximately 120 residential properties participating in the Project for Amendment No. 3 (services for Post Construction Noise Testing were approved and funded previously). Program Management, Homeowner Outreach and Orientation Services, and the Sound Insulation costs are estimated based on approximately 16 residential properties participating in the Project for Amendment 4 of the AGREEMENT (services for Post Construction Noise Testing was approved and funded previously). c. Add the following new paragraph after the second full paragraph in the first Section of Exhibit A: 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 4 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 4 of the AGREEMENT are provided in Attachment B, Compensation to the AGREEMENT. 3. Attachment B, "Compensation" of the Agreement is hereby amended by adding additional compensation reflected in Exhibit A of this Amendment. Amendment No. 4 to CSC No. 54648 Between the City of Fort Worth and Jacobs Engineering Group hic. for Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport Page 3 of 5 CSC NO. Q Except as expressly modified in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 5. 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. I 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. 4 to CSC No. 54648 Between the City of Fort Worth and Jacobs Engineering Group hic. for Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport Page 4 of 5 CSC NO. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples on June 26, 2023 BY: CITY OF FORT WORTH IS6F uv gGLY�IVLf/di� Dana Burghdoff ( n 26, 201108:35 CDT) Dana Burghdoff Assistant City Manager Date: 06/26/2023 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. Ev'%w L . R Erin Roden Senior Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY �11a il 41� By: Thomas Royce Hansen �44�oann Assistant City Attorney FORt09dd p��Fg v_ °-�d Pvo ATTEST: a=4 d0, 6 a A „�XcS7bcy U ,,o*� a �EXA5o9`y a�bnnaaa'°' Jannette Goodall City Secretary Amendment No. 4 to CSC No. 54648 Between the City of Fort Worth and Jacobs Engineering Group hic. for Noise Mitigation Measures at Perot Field Fort Worth Alliance Airport Page 5 of 5 BY: JACOBS GIlVEERING GROUP INC. Sindhu Avalokita Operations Leader Date: June 22, 2023 Form 1295 No. 2023-1007421 M&C No M&C Date: 23-0357 5/9/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC NO. EXHIBIT A Compensation ON ATTACHMENT B COMPENSATION The cost amount for Amendment No. 4 is an additional amount up to $1,930,313.30 ($469,561.61 for professional services, plus estimated Reimbursable Expenses of $1,460,751.69). The generation of the estimated costs for Construction forSound 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 notto 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 1st tier sub -contractors. The City shall make bi- monthly progress payments within fourteen (14) days after receipt of each properly submitted and accurate invoice. Estimated Amount 1. The estimated amount set forth in the attached pricing breakdown will be adjusted following receipt and finalization of price proposals from pre -qualified subcontractors and vendors. The estimated variable amount is based on the judgment and experience of CONSULTANT estimators but is not to be construed as a guarantee of the actual cost. 2. Given the nature of this work, it is the CONSULTANT's objective to contract directly with THC who has been previously prequalified by CONSULTANT. THC will solicit bids from a prequalified 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. CSC NO. Date: 03/24/23 Fort Worth Alliance Airport Fee Proposal for Noise Mitiaation Proaram - MOD 4 Jacobs THC $ 169,343.83 $ 1,760,969.47 Total Fee Proposal $ 1,930,313.30 CSC NO. Jacobs- MOD 4 Fee Proposal Date: 3/24/23 I Program Manager Senior Architect Project Architect Estimator BIM Tech BIM Tech QC Reviewer Project Coordinator Total Hours Total Labor Cost Meals & Incidentals (per month) PPE Mileage (.625 cents per mile) Miscellaneous Total Reimbursables TOTAL JACOBS FEE LABOR COST Salary Rate $ 106.00 $ 49.00 $ 53.00 $ 110.00 $ 47.00 $ 25.00 $ 61.00 $ 31.41 Salary Cost Overhead Rate @ Sub -Total 100.91 % Fee @ 10.00% REIMBURSABLE EXPENSES Cost $ 500.00 Hours 256 352 180 12 320 120 16 24 1280 Amount 2 $ 0.63 2500 Salary Cost 27,136.00 17,248.00 9,540.00 1,320.00 15,040.00 3,000.00 976.00 753.84 75,013.84 75,696.47 150, 710.31 15,071.03 165,781.33 Total $ 1,000.00 $ 500.00 $ 1,562.50 $ 500.00 E-1 3,562.50 169,343.83 CSC NO. THC- Mod 4 Fee Proposal Date: 3/24/23 LABOR COST Salary Rate Hours Salary Cost On -site Project Manager $ 38.46 328 $ 12,614.88 Construction Manager $ 33.65 328 $ 11,037.20 Construction Inspector $ 35.10 328 $ 11,512.80 Procurement/Construction Manager $ 42.00 328 $ 13,776.00 Homeowner Agent $ 36.06 328 $ 11,827.68 Warehouse Manager $ 31.01 328 $ 10,171.28 Administrative Assistant $ 26.44 328 $ 8,672.32 Warehouse Worker $ 21.63 328 $ 7,094.64 IT Coordinator $ 28.32 8 $ 226.56 Salary Cost $ 86,933.36 Overhead Rate @ 199.300/6 $ 173,258.19 Sub -Total $ 260,191.55 Profit @ 15.000/. $ 39,028.73 Principal $ 285.00 16 $ 4,560.00 Total Labor Cost $ 303,780.28 I Sub -consultants f Rate UniUhrs Total Alamo Title $ 925.00 16 $ 14,800.00 $ Total Sub -consultants $ 14,800.00 I REIMBURSABLE EXPENSES f Cost Units Total (Apartment (Dale) $ 1,651.00 2 $ 3,302.00 (Travel Mileage Dale $ 1,000.00 2 $ 2,000.00 (Travel Mileage for remainder of staff $ 500.00 2 $ 1,000.00 Forklift/Charger Lease $ 1,340.00 2 $ 2,680.00 I Supplies & Miscellaneous Equipment $ 100.00 2 $ 200.00 Repair and Maintenance of Equipment $ 250.00 2 $ 500.00 Office Rent and Share of Operating Expenses $ 22,386.00 2 $ 44,772.00 Janitorial $ 542.00 2 $ 1,084.00 Utilities $ 3,000.00 2 $ 6,000.00 Security System Monthly Monitoring $ 50.00 2 $ 100.00 Security Background Checks $ 340.00 2 $ 680.00 Monthly mgt & support (per device, email, Dropbox, MS office 365) $ 1,225.00 2 $ 2,450.00 Telephone Service $ 710.00 2 $ 1,420.00 Internet Service $ 725.00 2 $ 1,450.00 Outside Reproduction/Printing $ 110.00 2 $ 220.00 Office Supplies $ 1,350.00 2 $ 2,700.00 Copier Lease $ 245.00 2 $ 490.00 Postage (Includes Shipping) $ 350.00 2 $ 700.00 Pest Control $ 81.19 1 $ 81.19 Lender Processing Fees $ 35.00 16 $ 560.00 Total THC Reimbursables $ 72,389.19 Total THC $ 390,969.47 Construction (construction, mgt fee, bond) $ 80,000.00 16 $ 1,280,000.00 Assistance $ 30,000.00 3 $ 90,000.00 I (Transaction Total Construction and Transaction Assistance $ 1,370,000.00 TOTAL THC FEE $ 1,760,969.47 Create New From This M&C DATE: 5/9/2023 REFERENCE **M&C 23- LOG NAME: 55AFW NOISE MITIGATION NO.: 0357 PROJECT AMENDMENT IV CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 / Future CD 10) Authorize the Execution of Amendment No. 4 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 $1,930,314.00 for the Noise Mitigation Project at Perot Field Fort Worth Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 4 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 $1,930,314.00 for the Noise Mitigation project (City Project No. 103538) at Perot Field Fort Worth Alliance Airport. DISCUSSION: The Aviation Department is seeking Council approval to authorize the execution of a 4th amendment to City Secretary Contract No. 54648 (Agreement), an engineering services agreement with Jacobs Engineering Group, Inc. (Jacobs) in an amount of $1,930,314.00 to fund the continued noise proofing and other noise mitigation options for residents in the Rivers Edge Subdivision (Rivers Edge) part of the Part 150 Noise Mitigation Project (Project) at Perot Field Fort Worth Alliance Airport (Airport). 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. Amendment No. 4, if approved, will be for the continued noise mitigation of houses 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, 238 property owners have selected sound insulation, twenty-one have selected transaction assistance and two have no interest in the Project. Three property owners still need to make a selection, and have until July 14, 2023 to do so. 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. A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable ordinance. 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 7/ FUTURE COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Muni Airport Grants Federal Fund for the Grant 69 AFW Noise Mitigation project to support the approval of the above recommendation and execution of the amendment. Prior to an expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year Dana Burghdoff (8018) Roger Venables (6334) Tyler Dale (5416) 103538 DBE AFW Noise Mitigation -Grant 69.pdf (CFW Internal) FID Table.xlsx (CFW Internal) Form 1295 Certificate 101033507.pdf (CFW Internal) Funds Available.kDa. (CFW Internal) Map.pdf (Public) Reference # Amount (Chartfield 2) FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: AFW Noise Mitigation Project Amendment 4 M&C 23-0357 CPN 103538 CSO # 54648 DOC# DATE: 6/23/2023 INITIALS DATE OUT TO: 1. Erin Roden � Jun 23, 2023 2. Roger Venables 9 Jun 23, 2023 3. Royce Hansen r Jun 23, 2023 4. Dana Burghdoff n DB Jun 26, 2023 5. Jannette Goodall G 7"� Jun 26, 2023 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 0 No RUSH: 0 Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: 0 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.