Loading...
HomeMy WebLinkAboutContract 54648 CITY SECRETARYq �•q CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Jacobs Engineering Group Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Noise Mitigation Measures at Fort Worth Alliance Airport. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; 3. Attachment "B"— Compensation; 4. Attachment "C" — Reserved; 5. Attachment "D" — Project Schedule; 6. Attachment"E"— Location Map; 7. Attachment "F"--Verification of Signature Authority; 8. Attachment "G" — Sample Notice to Proceed. Attachments "A", "B", "C", "D", "E", "F", and "G" which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Attachments and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article 11 Compensation and Term of Agreement A. The ENGINEER's compensation shall be in an amount not to exceed $3,340,572.92 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article Vl. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first._ __ City of Fort Worth,Texas LCITYSECRETARY � Standard Agreement for Engineering Related Design Services CORD Page 1 of Revised 19 1 i.i7.17;i0.0i.20(1EG) M �}� 3. 40 -7 Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 2 of 19 E. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and costlexecution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 3 of 19 entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no City of Fart Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 4 of 19 warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others'that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances alkla Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. This is a federally funded project. Due to the nature of the scope of services described in Attachment A, the CITY has established a disadvantaged City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 5 of 19 business enterprise (DBE) goal of 0 % for this contract. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17:10.01.20(JEG) Page 6 of 19 endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto -- the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Rate:11.17.17;10.01.20(JEC3) Page 7of19 aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas,and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised hate:11.17.17;10.01.20(JEG) Page 8 of 19 h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised hate:11.17.17;10.01.20(JEC) Page 9 of 19 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Q. Record and Invoice Retention 2 CFR 200.333-200.337 requires that a sponsor retain all grant related documentation for three years after the sponsor submits the final payment request. Since this Agreement is related to the management of an FAA Gity of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 1 a of 19 grant funded project, ENGINEER agrees to maintain all records and invoices, including sub-contractor invoices, related to the project associated with this Agreement for at least five (5) years and to provide all records and invoices, including sub-contractor invoices to the City upon completion of the work listed under this Agreement or at any time throughout the term of this Agreement if requested by the City. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 11 of 19 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. K Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised hate:11.17.17;10.01.20(JEG) Page 12of19 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I, CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risklinstallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with each phase of this AGREEMENT upon receipt of a written Notice to Proceed from the CITY as also specified in Exhibit A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised hate:11.17.17;10.01.20(JEG) Page 13 of 19 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(.EEG) Page 14 of 19 submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I, shall survive termination of this AGREEMENT for any cause. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;1M1.20(JEG) Page 15 of 19 J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM .ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel If Engineer has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Engineer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Engineer certifies that Engineer's signature provides written verification to City that Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17,17;10.01.20(JEG) Page 16 of 19 M. Changes of Work The ENGINEER shall make such revisions in the work included in this AGREEMENT which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and without additional cost to the CITY. If the CITY finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the ENGINEER shall make such revisions if requested and as directed by the CITY. This will be considered as additional work and paid for as specified under Additional Work. N. Additional Work Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this AGREEMENT by the CITY before it is undertaken by the ENGINEER. If the ENGINEER is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY in writing. In the event the CITY finds that such work does constitute extra work, then the CITY shall so advise the ENGINEER, in writing, and shall provide extra compensation to the ENGINEER for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the ENGINEER. O. Consequential Damages Notwithstanding any other provision of this AGREEMENT to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential, exemplary, punitive or special damages or loss of income, profit or savings of any party, including third parties, arising directly or indirectly from the parties' relationship under this AGREEMENT or applicable law. This provision does not apply in the event that the City is required to pay back any Federal grant funding or is required to pay damages to the Federal Government related to the project associated with this Agreement resulting from the negligence of ENGINEER in performance of its services, regardless of whether the damages could be considered indirect, incidental, consequential, exemplary, punitive, or special damages. P. Limit to Use Hard Copies As a component :of the Services provided under this AGREEMENT, ENGINEER may delivery electronic copies of certain documents or data (the City of Fort worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17;10.01.20(JEG) Page 17 of 19 "Electronic Files") in addition to printed copies (the "Hard Copies") for the convenience of the CITY. The CITY and its consultants, contractors and subcontractors may only rely on the Hard Copies furnished by the ENGINEER to the CITY. If there is any discrepancy between Electronic File and the corresponding Hard Copy, the Hard Copy controls. Q. Acceptance Procedure The CITY acknowledges that Electronic Files can be altered or modified without the ENGINEER's authorization, can become corrupted and that errors can occur in the transmission of such Electronic Files. The CITY agrees that it will institute procedures to preserve the integrity of the Electronic Files received from ENGINEER until acceptance. The CITY further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period the CITY shall be deemed to have accepted the Electronic Files as received. The ENGINEER will undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period. The ENGINEER shall not be responsible to maintain the Electronic Files after acceptance by the CITY. R. Warranty of Compatibility The ENGINEER does warrant and represent that the Electronic Files will be compatible with or useable or readable by systems used by the CITY and its consultants, contractors and subcontractors. The ENGINEER is not responsible for any problems in the interaction of the Electronic Files with other software used by the CITY or its consultants, contractors and subcontractors. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or: more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: City of Port Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17,17;10.01.20(JEG) Page 18 of 19 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY- BY: CITY OF FORT WORTH ENGINEER Jacobs Engineering Group Inc. Fernando Costa Scott Bussell Assistant City Manager Vice President Date; Lo. 7&a2.6 Date: 10-5-2020 APP COM ENDED: B R g Ve ablArN Interim Direc r, viation 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. Tyler Dale Airport Project Coordinator APPROVED A TO FORM AND By. T. Royce Hansen As. istant City Attorney AT S FQrm 1295 No. 2020-657121 ry'J. Kayser M&C No.: 20-0667 ity Secretary M&C Date- 9/15/2020 City of Fort Worth,Texas Standard Agreement for Engineering Belated Design Services UFF11CIAL RECORD Revised Date:11.17.17;10.01.20(JEG) Page 19 of 19 CRY SFORETARY FT. WORT11,Y ATTACHMENT A - SCOPE OF SERVICES Is .jacobs Eloise Mitigation of Residential Homes Impacted By West Side Development Scope of Services August 18, 2020 Fort Worth Alliance Airport i Is Scope of Services ..Pacobs AFW Noise Mitigation Scope of Services Page 2 of 21 ON Scope of Services ja cobs Fort Worth Alliance Airport Scope of Services for Noise Mitigation of Residential Homes Impacted by West Side Development INTRODUCTION /BACKGROUND In November of 2017 the City of Fort Worth was contacted to develop an air cargo facility at the Fort Worth Alliance Airport. The facility is located on the southwest side of the airport,constructed on private Land adjacent to the airport,with two "through the fence"taxiways to connect to the existing airfield. The addition of the two stub taxiways to the Airport Layout Plan (ALP) and the increase in aircraft operations, the "Proposed Action", required the City of Fort Worth to prepare an Environmental Assessment(EA)for the project. In August of 2018 a draft EA was submitted to the FAA for review and public comment. In addition, a public meeting was held on the evening of September 11, 2018 to provide a forum for the public and interested parties to ask questions and learn more about the project. As part of the EA process, the noise impact of increased aircraft activity from the new air cargo facility was evaluated. The analysis showed that the addition of the aircraft operations would result in a DNL1.5 dB increase to a portion of the Rivers Edge subdivision, north of the airport and to a portion of the Woodland Springs subdivision, south of the airport. The FAA determined that the "Proposed Action" would not have significant impact to the human environment, if appropriate noise mitigation occurred, and a Finding of No Significant Impact (FONSI) and Record of Decision (ROD)were issued by the FAA on October 19, 2018. Because mitigating the noise impact is a condition of approval for the Proposed Action, the affected homeowners should be notified by the first quarter of 2020, with all noise mitigation completed by December 31, 2024. Those homes in the Woodland Springs subdivision that chose not to participate in the 2010 Part 150 Noise Mitigation Program and are within the 2025 DNL 65 dB noise contour, would once again be offered avigation easements as mitigation for the impacts resulting from the Proposed Action. Those outside the contour will not be eligible for mitigation associated with the Proposed Action. A total of 37 homes were impacted by the Proposed Action. A different mitigation strategy is proposed the Rivers Edge subdivision because this subdivision was not part of the 2010 Part 150 Noise Program. A portion of the Rivers Edge subdivision experiences a DNL AFW Noise MJitigation Scope of Services Page 3 of 24 01 Scope of Services Jacobs 1.5 dB increase from the Proposed Action and to maintain neighborhood equity, noise mitigation will be offered to all homeowners in the subdivision. There are 266 homes in the Rivers Edge subdivision. Five alternate methods for mitigating the residential properties in the Rivers Edge subdivision will be offered to homeowners: Purchase of Avigation Easements Sound Insulation of Noncompatible Structures Purchase Assurance • Sales Assurance • Transaction Assistance The scope of services to implement the noise mitigation program for the Woodland Springs and Rivers Edge subdivisions is described below. 1.0 PROGRAM MANAGEMENT CONSULTANT shall manage the Noise Mitigation Program including its public relations, acoustical testing, design, and construction elements and provide the resources necessary for implementation of the noise mitigation of the impacted homes as identified in the Finding of No Significant Impact(FONSI) and Record of Decision (ROD) for the Environmental Assessment for the West Side Air Cargo Development Project, Fort Worth Alliance Airport, Tarrant and Denton Counties,Texas. 1.1 Work Plan A detailed work plan will be submitted within fourteen (14) calendar days of the Notice to Proceed. The work plan will identify the execution and management of the work throughout the length of the contract. Roles and responsibilities of key team members will be confirmed and lines of authority and communication identified. This will be submitted as an organization chart or other type of exhibit that clearly identifies roles, responsibilities and lines of communication. 1.2 Monthly Status Report CONSULTANT will maintain regular communications with the Sponsor and other stakeholders. A monthly report will be prepared to demonstrate the progress and status of the project. This report will include narrative discussion of issues, accomplishments and schedule and budget updates. 1.3 Coordination Meetings AFW Noise Mitigation Scope of Services Page 4 of 21 Scope of Services vacob5. CONSULTANT will attend coordination meetings with the Sponsor and stakeholders to coordinate and communicate issues related to the Project. It is anticipated that key staff will attend bi-weekly project coordination meetings for the duration of the Project. 1.4 Program Budget CONSULTANT will develop and maintain a program budget that identifies the major project components, professional services costs, construction costs, contingency and funding sources. This information will be in the form of spreadsheet and updated monthly and included with the Monthly Status Report. Invoices will be prepared and reviewed by the CONSULTANT and submitted to Alliance Air Services for review and approval and then submitted to the City for payment 1.5 FAA Grant Management CONSULTANT will prepare the necessary grant applications for submittal to FAA. Invoices and other expenditures for the Project wiLL be tracked and assigned to a specific FAA grant for payment. Each month the FAA grant expenditures will be reconciled with the City of Fort Worth to maintain an accurate accounting of the financial costs. The CONSULTANT will also track the City of Fort Worth's matching funds for each FAA grant. The City's matching funds are in the form donated land credits. The amount of matching funds may vary based on FAA requirements. The amount of land used for matching funds will be identified when the grant application is submitted,when the grant is received and when the grant is closed, as the actual grant amount may vary. 1.6 Project Schedule A detailed project schedule will be prepared that identifies dates for key meetings, duration of activities, submittals, deliverables and other important milestones for the completion of the work. The project schedule will be reviewed and updated as necessary for the duration of the Project and submitted with the Monthly Status Report. 2.0 HOMEOWNER OUTREACH AND ORIENTATION The CONSULTANT wiLL perform outreach to affected Homeowners in the Rivers Edge and Woodland Springs subdivisions. Each subdivision will have an outreach program and orientation developed for the noise mitigations measures specific to that subdivision. 2.1 Outreach for Rivers Edge Homeowners Five alternative methods for mitigating the noise impacts will be offered to all homeowners in the Rivers Edge Subdivision. These methods include a sound insulation program, sales assurance program, transaction assistance program and purchase assurance program, all with an associated avigation AFW Noise Mitigation Scope of Services Page 5 of 21 ON Scope of Services Jacobs- easement, as well as an avigation easement program. The CONSULTANT shall develop informational materials and presentations to thoroughly describe the mitigation process, alternatives and schedule. 2.2 Outreach for Woodland Springs Homeowners Only those Woodland Springs homeowners that are within the 2025 DNL 65 dB contour will be offered the opportunity to participate in the purchase of avigation easements. Those outside the contour will not be eligible for participate in the avigation easement program. The CONSULTANT shall develop informational materials and presentations to thoroughly describe the mitigation process, alternatives and schedule. 3.0 TESTING OF NON-COMPATIBLE STRUCTURES—RIVERS EDGE SUBDIVISION The homes in the Rivers Edge Subdivision must first be evaluated to determine if they are eligible for sound insulation mitigation measures. A noise impacted non-compatible structure must be experiencing existing interior noise levels that are 45 dB or greater,with the windows closed,in habitable areas of the residence (living, sleeping, eating or cooking areas), to be considered eligible. There are 266 homes in the Rivers Edge Subdivision. 3.1 Initial Eligibility Testing The housing types in the subdivision within the 2025 DNL 65 dB contour will be identified. A windshield survey will be performed to identify the types of residences, similarities and differences in age, construction, size, number of levels and types of housing (single family, multi-family). A representative sample (10%, not to exceed a total 30 homes) of each type of similarly constructed residence will be identified for testing. 3.2 Post Construction Noise Testing Following completion of the noise mitigation treatments, the CONSULTANT will schedule and conduct post construction noise testing. The post construction noise testing will determine that the mitigation treatments have reduced the interior noise level by at least 5 dB and the average interior noise level is below 45 dB. 4.0 SOUND INSULATION PROGRAM 4.1 Program Management CONSULTANT shall manage the development of sound insulation design and construction strategies; maintain and update comprehensive management information, control and documentation systems; AFW Noise Mitigation Scope of Services Page 6 of 21 I Scope of Services jaco s and provide management for administration, coordination and completion of the design and construction phases for the Program. CONSULTANT shall utilize the single parcel bidding method, whereby each Project will represent an independent design-build construction contract, as the basis for management of the Projects to be completed under the Program. The single parcel bidding method is specifically designed to provide maximum attention to participating homes, ensuring superior quality, Homeowner satisfaction, contractor success and program cost efficiencies. 4.1.1 Program Budget CONSULTANT shall develop and monitor an effective system of Program cost control and revise and refine the approved Program budget, incorporate approved changes as they occur and develop cash flow reports and forecasts as needed. CONSULTANT shall also identify variances between projected and actual costs and advise the City whenever projected costs will be exceeded. CONSULTANT will assist City, as requested, with administration, monitoring/reporting and close-out of the Federal grant(s)which fund the Program. 4.1.2 Program Schedule CONSULTANT shall prepare a Program Schedule, in a mutually agreeable format, for each Program Phase. After the completion of each Program Phase listed on the Program Schedule, CONSULTANT will be required to request a Notice to Proceed letter from City, a sample of which is attached to this Agreement as Exhibit "E". The Program Schedule shall be subsequently updated by CONSULTANT, as requested by the City or as necessary to maintain control of the Program. Within the Program Schedule, each Bid Cycle of design and construction shall proceed continuously through to completion, except when caused by events beyond CONSULTANT's reasonable control. 4.1.3 Customer Service Since Acoustical Treatments are provided to private property, CONSULTANT shall seek in all ways possible to reduce the potential for negative impacts on property, Homeowners,and City. CONSULTANT shall ensure that Program processes are implemented with Homeowners to enhance the Homeowner's experience with the Program. CONSULTANT will pursue 100%Homeowner satisfaction and develop the Program's policies and procedures to maximize Homeowner satisfaction with the Program and the City. 4.1.4 Program Office/Showroom and Warehouse CONSULTANT shall staff and maintain, for the duration of this Agreement, a combination of office/showroom/conference room (hereinafter referred to as"Office")to accommodate meetings with homeowners and to display acoustical products(windows, doors, etc.)for homeowner and Construction Contractor consideration. The Office shall be"scalable"and it's footprint and location will be determined based upon the number of homes anticipated to receive sound insulation mitigation measures after AFW Noise Mitigation Scope of Services page 7 of 21 11 Scope of Services Oacobs testing has occurred. CONSULTANT will maintain, update and expand, as necessary, the showroom space for the display of all current certified and approved products available to the Program participants. In the event CONSULTANT Loses its office/showroom or warehouse lease, through no fault of CONSULTANT,CONSULTANT shall propose to City a new office/showroom orwarehousing location. City must approve the new office/showroom or warehouse location in writing, which, approval shall not be unreasonable withheld. If City approves the new premises, reasonable labor and material costs incurred by CONSULTANT in the building such new office/showroom/conference room or warehouse will be reimbursable under this Agreement. CONSULTANT shall staff and maintain, for the duration of this Agreement, an indoor warehouse (hereinafter referred to as "Warehouse") to store the needed inventory of materials (windows, doors, etc.). CONSULTANT operations described hereunder shall be performed from the Office and Warehouse according to the schedule to be approved by the City. 4.1.5. Warehouse and Product Inventory Management CONSULTANT shall ensure that only Program certified products which meet all Program requirements are offered to Program participants. CONSULTANT shall keep abreast of new product on the market which conform to Program requirements and add qualifying new products to the Program offerings. CONSULTANT will pre-approve and certify all products based upon technical review of specifications, shop drawings, architectural details, acoustical laboratory testing data, manufacturer's warranty and customer support and services information. Products must meet quality assurance standards and provide compatibility with the architectural design characteristics of the homes. CONSULTANT shall maintain, and periodically confirm, an accurate inventory of product on hand. CONSULTANT will ensure that measurements for all specialty products at each Project are accurate and seek competitive bids from all pre-approve manufacturers. For each Project CONSULTANT shall develop a list of long lead items and ensure that such items are ordered, delivered and installed in a timely fashion, so as not to delay the Project. Product bids will be reviewed and awarded, by issuance of purchase orders, to the vendor providing the lowest responsive and reasonable bid. CONSULTANT will accept delivery of all products at Warehouse and will inspect, sort, store and distribute same to Construction Contractors. 4.1.6 Coordination and Meetings CONSULTANT shall promptly inform City of significant events,concerns,and/or issues which impact the Program and/or Projects. As requested by City, CONSULTANT shall communicate with community, stakeholders and media. CONSULTANT shall maintain coordination and liaison with appropriate affected organizations such as the FAA, local governments, agencies, utilities and regulatory authorities to eliminate or mitigate negative schedule impacts as well as to eliminate conflicts among any sub-consultants, and AFUii Eloise Mitigation Scope of Services Page 8 of 21 51 Scope of Services ' pacobs Construction Contractors. CONSULTANT shall also establish and implement procedures for coordination among the City and Construction Contractors. As directed by the City,CONSULTANT shall provide support related to City Council or relevant committee meetings. CONSULTANT shall maintain "on call" status to be available to timely respond to and/or attend meetings with the City staff, City Council, and other Program participants to respond to Program related queries requiring input of a technical nature, including but not limited to Program information, schedule, budget and cost status. CONSULTANT shall conduct periodic meetings, as requested by the City,to review the Program and the progress being made by CONSULTANT (Program Progress Meetings). CONSULTANT shall conduct monthly Construction Contractor's meetings to communicate Program update, changes and reminders,as well as provide on-going training. CONSULTANT shall conduct a Construction Contractor interview night one evening each month. The Construction Contractor interview night will provide Homeowners the opportunity to meet CONSULTANT's qualified Construction Contractors. During the event, CONSULTANT shall ensure that approved Contractor Notebooks and qualifications are available for review by Homeowners. Homeowners will receive brochures which provide specific information about each of the Construction Contractors. 4.1.7 Program Records, Reports and Filing CONSULTANT shall record the proceedings of each Program Progress Meeting and each Construction Contractor meeting. CONSULTANT shall submit such meeting records, including a sign-in sheet, summary of the action items, the designated responsible party,to the City within two (2) business days of the meeting date. Distribution of these records shall be to a list of recipients designated by the City. At each Program Progress Meeting, CONSULTANT shall review: a) Project progress; b) current design and construction issues; c) Program financial status; and d) significant activities, accomplishments, manpower, on-site problems (supported by photographs, as appropriate). CONSULTANT shall record the progress of the Project and submit written progress reports to the City including information on each construction contractor's work, the percentage of completion, and the number and amounts of change orders, and CONSULTANT shalt keep a log available to the City reflecting ail such information. CONSULTANT shall maintain files of all documents, letters, reports, plans, permits, etc. pertinent to the Program. As requested by City, CONSULTANT wit[ provide City with copies of Program and Project documents in the form requested including both paper and electronic file media. CONSULTANT shall secure and maintain copies of the required certificates of insurance and/or insurance policies from the sub-consultants and Construction Contractor evidencing that the required insurance coverage is in force. CONSULTANT shall ensure continuity of coverage and obtain replacement certificates of insurance and/or insurance policies to be maintained in the Program records. AM Noise Mitigation scope of Services Page 9 of 21 Scope of Services Jacob • CONSULTANT shall develop and implement a Program construction records system to include records of all construction contracts; shop drawings; samples; purchases; materials; equipment; applicable handbooks; governmental, commercial and technical standards and specifications; maintenance and operating manuals and instructions; and any other documents and revisions thereto which arise out of each Project construction contract. These records will be submitted to Alliance Air Services and the City of Fort Worth to document the Sound Insulation Program 4.1.8 Safety CONSULTANT's Construction Contractors will be fully responsible for Project job site safety. To assist with the Construction Contractor safety effort, CONSULTANT shall designate a safety representative who will visit Project job sites during construction periods. CONSULTANT's safety representative will be responsible for noting any safety concerns and reporting deficiencies to the Construction Contractor's management for correction and compliance. The City will be copied on any correspondence related to safety. City shall have no power or responsibility to formulate CONSULTANT and Construction Contractor's safety plan(s) or enforce or modify such safety plan(s)_ 4.1.9 Security CONSULTANT shall perform background checks on all CONSULTANT personnel, sub-consultants, Construction Contractors and Construction Contractor's sub-contractor personnel prior to such personnel being allowed on any Homeowner premises. CONSULTANT shall ensure all CONSULTANT sub-consultants, Construction Contractors, and sub-contractor of any tier, and abatement personnel wear photo identification security badges, issued by CONSULTANT, at any time that such personnel is present on the Project site. CONSULTANT will coordinate, monitor and implement actions in an effort to assure property security provisions related to construction are maintained. CONSULTANT shall conduct activities to avoid or mitigate disruption of Homeowner activities. 4.1.10 Best Practices CONSULTANT shall investigate and remain current on: a) FAA regulations, policies and procedures for noise abatement;b)the design construction standards, criteria,and guidelines of other noise abatement programs; and c) industry best practices and innovations and shall recommend Program enhancement to City and implement such recommendations as are approved by City. 4.1.11 Use of Approved Documents CONSULTANT will develop forms, brochures, contracts, presentations, specifications and other written documents in furtherance of the Program. Such written documents shall be presented to Alliance Air Services and the City for approval prior to implementation. Any changes/modifications to the approved documents will require prior approval from Alliance Air Services and the City of Fort Worth. AFw Noise Mkicgation scope of Ser-ices Page 10 of 21 Scope of Services vacabs 4.1.12 Avigation Easements CONSULTANT shall: a) prepare and secure Avigation Easements and related legal documents from Homeowners and lenders; b) secure property title commitments prior to Acoustical Treatment design package development; c) record Avigation Easements in Tarrant/Denton County deed records. 4.2 Design Services CONSULTANT shall provide design services during the term of this Agreement which shall include, but limited to,the following tasks: 4.2.1 Design Coordination and Permitting CONSULTANT will coordinate design activities and will provide leadership with respect to the implementation of design management procedures by all parties. CONSULTANT shall coordinate activities of designers in the development and production of Acoustical Testing Design Packages. CONSULTANT shall confer with the City and Homeowners during the design phase to insure compliance with Program guidelines and special Homeowner requirements. CONSULTANT shall obtain approval by appropriate City departments, and other agencies, as needed, of design packages and secure all necessary permits. CONSULTANT wilt attempt to expedite agency reviews and approvals. CONSULTANT will assist in securing and transmitting appropriate documents to the various approval agencies outside of the control of City, at the appropriate times. CONSULTANT shalt verify all building permits are closed at the completion of the project. 4.2.2 House Inspection Visit Before the design officially begins, CONSULTANT will conduct a House Inspection Visit at each Property to identify pre-existing deficiencies that may negatively impact the Project. CONSULTANT wit[ ensure that a mechanical/electrical/plumbing consultant participates in this inspection visit. Typical pre- existing deficiencies may include, but are not limited to:a)structural issues;b)moisture and mold issues; c) building and safety code issues; d) environmentaL issues; and e) health and safety issues. CONSULTANT wiLL not use Program funds to correct any pre-existing deficiencies. Homeowners will be required to assume all associated responsibility and LiabiLity for their pre-existing deficiencies before becoming eligible to participate in the Program. CONSULTANT wilt be solely responsible for the identification and classification of all observed pre- existing deficiencies. All pre-existing deficiencies will be recorded on the Pre-Existing Deficiency Report. Upon discovery of a pre-existing deficiency, CONSULTANT will classify the degree of the deficiency as either a Minor Pre-Existing Deficiency or a Severe Pre--Existing Deficiency. Minor Pre-Existing Deficiencies do not require suspension of Homeowner participation. Before Work can progress on a Property found to have a Minor Pre-existing deficiencies, such Homeowner must sign a AFN Noise Mlflg2tion Scope of Services Page 11 of 21 51 Scope of Services oacobs Pre-Existing Deficiency Report and a Pre-Existing Deficiency Release, documenting the deficiencies and transferring all associated liability to the Homeowner. Upon discovery of a Severe Pre-Existing Deficiency, CONSULTANT will temporarily suspend the Homeowner from the Program until Homeowner remedies such deficiency. A Homeowner's participation in the Program can resume once CONSULTANT has inspected and approved the pre- existing deficiency corrections. 4.2.3 Design Visit Once the House inspection Visit process has been successfully completed, CONSULTANT will schedule the Design Visit with the Homeowner and the designers. The purpose of the Design Visit will be to gather information necessary to developing the most effective Acoustical Treatment Design Package for each Property. The Design visit will include: a) a Computer Aided Drafting Design (CADD) layout and measurements; b) evaluation of the existing window and door conditions; c) evaluation of existing wall and attic insulation; d) evaluation of existing vents, fans and ventilation; e) evaluation of existing mechanical, electrical and A/C systems, if required, and f) a test for lead based paint identification, if necessary. If necessary, an asbestos-containing materials survey shall be performed by CONSULTANT and, if required, an approved abatement plan shall be prepared. The Design Visit will be conducted by CONSULTANT staff and designers, to include an architect, CAD technician,design technician,environmental consultant,ventilation consultant and a Homeowner agent. CONSULTANT shall also include a mechanical/electrical/plumbing consultant or a structural consultant on the team, if needed. 4.2.4 Acoustical Treatment Design Package Development Based upon the information gathered during the Design Visit, CONSULTANT will prepare an Acoustical Treatment Design Package for the custom acoustical treatment of each Property. CONSULTANT will continuously monitor the design phase schedule, advise City when potential or actual constraints to the schedule exist, and make recommendations for corrective action. CONSULTANT shall review the Acoustical Treatment Design Package and convene meetings with the Homeowner and the designers to serve as a forum for the exchange of information and resolution of Project design issues. CONSULTANT shall submit each completed Acoustical Treatment Design Package to the Sponsor for review and comment prior to commencement of the bid process. If necessary, CONSULTANT will issue an Addendum to Acoustical Treatment Design Package, incorporating the recommended changes from the Sponsor. 4.2.5 Homeowner Design Review Meeting AFW Noise Mitigation scope of Services Page 12 of 21 Scope of Services . pacobs. After Homeowners have attended a Construction Contractor interview night meeting, CONSULTANT will arrange a separate Homeowner Design Review Meeting with each Homeowner. The purpose of this meeting is to: a) Present and review with the Homeowner the Acoustical Treatment Design Package for their Property. During this discussion the Projects' scope, Limits and intrusiveness of the renovations will be disclosed. The Homeowner will have the opportunity to review product styles and colors at the Program Showroom. If necessary,Homeowners will have a final opportunity to adjust their assigned Bid Cycle, depending on any special scheduling needs and/or circumstances. b) Determine if the Homeowner will elect to participate further in the Program and, if so, to obtain the Homeowner's signature on a Homeowner Work Agreement, including the final Acoustical Treatment Design Package, and an Avigation Easement. Upon obtaining the Homeowner signature, CONSULTANT shall provide copies of the documents to the Homeowner. CONSULTANT shall accommodate Homeowners that require additional time for document review. In no event shall CONSULTANT proceed with development of Bid Package prior to CONSULTANT's receipt of the signed Avigation Easement and Homeowner Work Agreement. c) Have the Homeowner select three(3)qualified Construction Contractors from the List of qualified Construction Contractors. Neither CONSULTANT nor City will influence Homeowners in the contractor selection process in anyway. 4.2.6 Bid Package Development Acoustical Treatment Design Packages will be developed and finalized by CONSULTANT for each property. CONSULTANT will prepare and notify the three Construction Contractors selected by the Homeowner for each Property that the Scopes of Work are ready to be picked up. CONSULTANT shall deliver Bid Packages to the Property for Construction Contractor to pick up at the Pre-Bid Open House. Each Bid Package will contain the following bid documents (and instructions for completing each): a) Bidder's Checklist; b) Bid Form and Bidder's Certificate; c) DBE Good Faith Effort Plan for Federally Funded Projects; d) DBE Letter of Intent for Federally Funded Projects; and e) DBE Sub-contractor compliance Plan. 4.2.7 Pre-Bid Open House and Bidder Inquiries For each Property a Pre-Bid Open House will be scheduled by CONSULTANT at a date and time selected by the Homeowner from the pre-designated dates for the Bid Cycle. CONSULTANT will contact the Construction Contractors selected by the Homeowners to notify them of the Pre--Bid Open House appointment. The Pre-Bid Open House will provide the opportunity for the selection Construction Contractor and their sub-contractors(and suppliers,if required)to view the home before preparing their final bids. CONSULTANT will track the schedule of all open houses. 4.2.8 Design Cost Estimating AFW Noise iViitigatiori Scope of Services Page 13 of 21 Scope of Services Jacobs_ CONSULTANT shall prepare an Architect's Estimate of Construction Costs for each Project and such estimate shall be included for reference in the Bid Tabulation form to be used by CONSULTANT at the Bid Opening. 4.2.9 Bid Opening, Bid Review&Contract Award CONSULTANT shall conduct a Bid Opening for all Properties included within a Bid Cycle. CONSULTANT will record each Construction Contractor's bid on a Bid Opening Summary. Following the Bid Opening, the results will be tabulated on the Bid Tabulation and distributed to all bidders and the City. CONSULTANT will evaluate the bids for completeness,full responsiveness and price. CONSULTANT will communicate with each Low bidder whose bid is twenty percent (20%) or more below the Architect's Estimate of Construction Costs to determine if all labor and incidental materials were included. CONSULTANT shall allow Construction Contractors who advise CONSULTANT of a bid error to withdraw their bid without penalty. If a Construction Contractor is the Low, responsible, responsible bidder on multiple Projects, CONSULTANT may require the Construction Contractor to provide a construction staging plan for all such Projects. CONSULTANT shall consider the construction staging plan and the Construction Contractor's past performance, capacity, and quality of work in its formulating its recommendation for contracts to be awarded for the Bid Cycle. CONSULTANT shall collect from all bidders Disadvantaged Business Enterprise (DBE) Letters of Intent signed by sub-contractors who will be working on each Project. CONSULTANT shall forward to City a Bid Award Recommendation as well as the bid documents as submitted by the Construction Contractors being recommended for award, the originals of the DBE documentation, and any other documentation in support of the recommendation. Following City's authorization of the award, CONSULTANT will prepare and submit a "Bid Tabulation as Awarded" to all Construction Contractors. CONSULTANT will notify all successful bidders of their contract awards. CONSULTANT will prepare a construction contract for each Project to be executed by the Construction Contractor. After execution by the Construction Contractor, CONSULTANT will sign the construction contract and provide a copy to the Construction Contractor. Construction Contractor may order incidental products or materials only after both parties have executed the construction contract. 4.2.10 Homeowner Notification of Award CONSULTANT will notify the Homeowner of the Construction Contractor being awarded the construction contract for their Project. 4.3 Construction Management Services CONSULTANT shall provide Construction services during the term of this Agreement which shall include, but not be limited to,the following tasks: AFW Noise Mitigation Scope of Services Page 14 of 21 11 Scope of Services iacobs- 4.3.1 Construction Contractor Outreach Throughout the term of this Agreement, CONSULTANT will conduct outreach to maximize the participation of local general contractors and subcontractors in the Program. The Construction Contractor outreach process will be designed to eventually lead Local general contractors to qualification and inclusion in the CONSULTANT implementation team. CONSULTANT will periodically review and refine the contractor outreach brochure and presentation materials. CONSULTANT will assist the City with development and placement of Program outreach advertisements in local newspapers, trade publications and with local builders' associations. CONSULTANT will conduct a Contractor Outreach meeting with interested local general contractors. During Contractor Outreach, CONSULTANT will provide a complete summary of all Program contractor requirements and expectations to include: i) general contractor qualifications; ii) Program process review; iii) contractor performance requirements; iv) contractor meeting requirements; v) contractor commitment; vi) DBE participation; vii) Program specifications and payment, viii) contractor training requirements. 4.3.2 Construction Contractor Participation CONSULTANT shall ensure the following requirements are met in conjunction with Construction Contractor participation in the Program: a) Pre-Qualification: The CONSULTANT, in collaboration with Alliance Airport and the City of Fort Worth,shall implement a pre-qualification process to determine the eligibility and qualifications of contractors interested in being included on the CONSULTANT team. A set of objective prequalification requirements/standards shall be established and agreed upon with Alliance Airport and the City of Fort Worth to be used in the pre-qualification process. The pre- qualification process will include the establishment of a Panel consisting of members from the City of Fort Worth, Alliance Airport, and Consultant to review the application, reference checks and inspection of current work in progress of each contractor and also to determine which contractors meet the objective prequalification requirements. Upon approval by the City as to the list of pre-qualified contractors, CONSULTANT shall conduct training that shall include the following topics:i)general contractor qualifications;ii)Contractor performance requirements;iii) Program process; iv) construction specifications; v) homeowner selection process; vi) product showroom and warehouse procedures; vii) Contractor participation Agreement; viii) bidding process; ix) payment process; and x) notification that certification will not assure receipt of any Project assignments. CONSULTANT will enter into General Contractor Participation Agreements only with local general contractors successfully complete the training. CONSULTANT will provide each new Construction Contractor with a construction manual. CONSULTANT will maintain the list of qualified Construction Contractors and periodically provide the list to the City. AFW Noise Mitigation Scope of Services Page 15 of 21 ON Scope of Services pacob . CONSULTANT will provide on-going Construction Contractor training as parr of the monthly Construction Contractor meeting as otherwise required herein. b) Construction Contracts: CONSULTANT shall enter into construction contracts with pre-qualified Construction Contractors for construction services and procurement of incidental (non- acoustical) products for each Project. CONSULTANT shall select a Construction Contractor for each Project based on both, the lowest, responsive and responsible pre-qualified bid and the Construction Contractor's current workload, scheduling and capability. c) Prevailing Wage Rate and General Labor Conditions: The provisions of Chapter of the Texas Government Code, as amended, are expressly made a part of this contract. CONSULTANT shall comply with Federal and State Law regarding wages to be paid to or hours worked pursuant to this Agreement, including but not Limited to the Davis Bacon labor requirements as set out in 29 CFR Part 5.5. d) Construction Contractor Monitoring: CONSULTANT will observe, monitor and evaluate the performance of Construction Contractors upon the completion of each Project. Additionally, CONSULTANT will hold an evaluation conference with each Construction Contractor at least once per calendar year as a means of communicating strengths,weaknesses and overall performance. Evaluation criteria include, but are not limited to, Construction Contractor's quality of work and adherence to specifications, program policies and procedures and construction schedules. The evaluation shall be used by CONSULTANT as a tool for evaluating a Construction Contractor's overall Program performance and potential contract capacity. e) Construction Contractor Payment: Upon successful Final inspection of the Project and approval by CONSULTANT team, CONSULTANT shall pay Construction Contractors one payment for the full amount of the Construction Contract for the Project. Such payment shall be considered full and final payment for all services rendered by subcontractor on that Project and shall constitute a representation by CONSULTANT to City, based on CONSULTANT's observations at the site, as required herein, that to the best of CONSULTANT' knowledge, information and belief, the Construction Contractor completed the Project in accordance with the plans and specifications approved by the City and is entitled to payment. CONSULTANT shall reject Construction Contractor's request for payment upon completion of a Project, to the extent reasonably necessary to protect City, if, in CONSULTANT's opinion, the construction work is not conforming to the construction documents approved by the City. If CONSULTANT is unable to approve payment in the fuLL amount of the application for payment for a Project, CONSULTANT shall notify City. CONSULTANT may withhold payment because of subsequently discovered evidence from loss forwhich the Construction Contractor is responsible, including Loss resulting from acts and omissions described below: i. Defective work not remedied. AFW Eloise Mitigation Scope of Services Page 16 of 2 1 no Scope of Services ' jacob ii. Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor. iii. Failure of Construction Contractor to make payments property to the subcontractor and/or material providers; or iv. Reasonable evidence the construction work cannot be completed for the unpaid balance of the Project construction contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand. v. Damage to City or another Construction Contractor. vi. Persistent failure by Construction Contractor to carry out the Construction work, in accordance with the contract documents. When the above applicable reasons for withholding payment are removed payment shall be made to Construction Contractor for amounts previously withheld. City shall not be deemed in default by reason of withholding payment as provided. 4.3.3 Performance and Payment Bonds CONSULTANT will prepare the necessary work-on-hand documentation for submittal to the bonding company and order the Payment and Performance bonds for the Bid Cycle. Upon issuance of the Payment and Performance Bonds, CONSULTANT will transmit the originals to the City. CONSULTANT shall provide City with construction performance and payment bonds made payable to the City of Fort Worth, executed by a corporate surety acceptable by the City who is licensed pursuant to the Texas Insurance Code in the potential cumulative amount of each Bid Cycle's estimated construction and product costs only(excluding design, Program and Project administration,construction observation and testing fees) as estimated by CONSULTANT. Said bonds must be in a form acceptable to City. Said bonds shall further provide that the surety shall indemnify the City for al[ damages or losses resulting from CONSULTANT's construction default. Said bonds shall further guarantee CONSULTANT's performance of all terms and obligations under the construction contract awarded. Said bonds must have attached thereto a Power of Attorney as evidence of authority of the person executing the bond to bind the surety. The bonds must be furnished in compliance with the statutory requirements of the Texas Government Code, Chapter 22S3. The bonds must be executed and delivered to City prior to commencement of construction work under this Agreement. 4.3.4 Pre-Construction Activities Construction Contractors shall apply for and obtain building permits from all governmental authorities having jurisdiction over a particular Project and such approval and consents from others as may be necessary for completion of a Project. Approximately three (3) weeks prior to the Pre-Construction Visit, CONSULTANT will send reminders to all Construction Contractors awarded work in the Bid Cycle regarding the necessity to obtain building ARV Noise Mitigation Scope of Services Page 17 of 21 ON Scope of Services pacobs permits and begin developing construction schedules. Construction Contractors are required to provide CONSULTANT with a copy of the required permit(s) one (1)week prior to the Pre-Construction Visit. All Projects within a particular Bid Cycle must be completed by CONSULTANT within a six-week period. Within the aforementioned six-week period,each individual Project within a Bid Cycle shall be completed within thirty calendar days (30) of commencing construction on such Project. The Construction Contractor is required to submit a construction schedule to CONSULTANT three business days prior to the Pre-Construction Visit. In developing this schedule, the Construction Contractor wilL have the flexibility to determine the Project's thirty (30) calendar-day construction period within the established six(6)week construction period for each monthly Bid Cycle. CONSULTANT will review the construction schedule to determine feasibility of proposed work flow. In the event a Property requires asbestos abatement, CONSULTANT will separately contract for the activity with one of CONSULTANT's abatement contractors. 4.3.5 Pre-Construction Visits At the Pre-Construction Visit, CONSULTANT and the Construction Contractor will meet with the Homeowner at Property to review all aspects of the Project including the final construction schedule. The Pre-Construction Visit will give the Homeowner the opportunity to ask any final questions or make any final paint or stain color selections prior to the start of construction. The Pre-Construction Visit must be scheduled a minimum of three (3) days prior to the start of construction in order to give the Homeowner sufficient time to remove window coverings and move furniture. If a home has tested positive for asbestos, CONSULTANT will coordinate abatement activities with Construction Contractor. If a home has tested positive for lead based paint, this condition will be identified in the scope of work documents. A lockbox supplied by the Construction Contractor will be placed on each Property from the Pre- Construction visit through the Final Inspection Visit. The Homeowner will be required to provide a home key for the lockbox. 4.3.6 Emergencies In the event that an emergency situation is identified or arises during any phase of a Project which poses an immediate danger to the health and/or safety to any person or property, CONSULTANT shall take such steps as are reasonably necessary, including, but not Limited to ordering a work stoppage. 4.3.7 Punch List Inspection Upon substantial completion of the construction work, CONSULTANT shall conduct a comprehensive punch list inspection to determine if the work has been completed in accordance with the Project's Scope AFW Noise Mitigation Scope of Services Page 18 of 21 Is Scope of Services pacobs. of Work. CONSULTANT shall provide the punch list inspection to the Construction Contractor. The Construction Contractor must complete all punch list items prior to requesting a final inspection. 4.3.8 Coordination of Technical Inspection and Testing CONSULTANT will coordinate and review the technical inspection, testing and reports provided by acoustical sub-consultants. CONSULTANT shall confirm that all technical inspections and testing comply with all City requirements and any FAA grant agreements. The acoustical sub-consultants wit[ prepare reports and submit to CONSULTANT. 4.3.9 Construction Dispute Management If disputes and/or claims arise during Project construction between Homeowner and Construction Contractor, Construction Contractor and suppliers, Construction Contractor and sub-tier sub- contractors, CONSULTANT shall recommend and implement specific action to avoid or resolve potential or actual disputes and/or claims. In the event any claim is made or any action is brought in any way relating to the design or construction of the Project, whether initiated before or after completion of construction, CONSULTANT shatt indemnify and hold harmless the City and render all assistance, which the claim may reasonably require, including preparation of written reports with supporting documentation and making witnesses available as needed. CONSULTANT will be the recipient of all notices of claims for costs or time from sub-consultants and sub-contractors. CONSULTANT will perform a preliminary evaluation of the contents of a claim, obtain factual information concerning a claim, and make recommendations to the City and other appropriate parties. CONSULTANT will prepare evaluation and attempt to negotiate and resolve all claims and/or disputes associated with the Program. 4.3.10 Project Closeout Upon verification that all construction punch list items are complete, CONSULTANT will conduct a final inspection to verify all work has been completed (100% completion of Scope of Work). CONSULTANT shall coordinate with the City to participate in the final construction inspection. CONSULTANT shall require Construction Contractor to submit to CONSULTANT, which shall review and deliver to Homeowner all manufacturer's warranties,equipment maintenance and/or operating manuals and similar data on materials and equipment purchased and incorporated in the Property by Construction Contractor. For each Project CONSULTANT shall obtain from the Construction Contractor and all sub-contractors and suppliers, and provide to the City affidavits, receipts, releases and waivers of Liens or bonds indemnifying City. AFI%1 Noise Mitigation Scope of Services Page 19 of 21 ON Scope of Services ' jacob CONSULTANT will provide Homeowners with a complete warranty package to include manufacturer warranties and maintenance instructions for all products installed, as well as the Construction Contractor's one-year workmanship warranty. CONSULTANT will provide a Homeowner Exit Survey to Homeowner in order to obtain feedback and suggestions concerning the Program. For each Project, CONSULTANT shall perform a Project review to identify issues,concerns,achievements which present opportunities for refining and enhancing the Program or CONSULTANT team performance. 4.3.11 Warranty Repairs CONSULTANT will assist Homeowners in the coordination of warranty repairs with Construction Contractors during the one (1)year post-construction workmanship warranty period. CONSULTANT will assist Homeowners in the coordination of product warranties. 5.0 PURCHASE ASSURANCE/SALES ASSURANCE /TRANSACTION_ASSISTANCE Homeowners within the Rivers Edge Subdivision are eligible for Purchase Assurance. Sales Assurance and Transaction Assistance to facilitate a timely sale of their property, should they decide to sell. The residences are eligible for sound insulation prior to resale. Furthermore, the Airport Sponsor must ensure that eligible buyers have an appropriate disclosure describing the airport's noise exposure on the property and the intention of the Airport Sponsor to retain an easement on the property. 5.1 Purchase Assurance Under purchase assurance,a property that fails to sell within a specified time is purchased by the Airport Sponsor and then resold for continued residential use with an avigation easement. The specified time frame shall be three (3) times the average number of days on the market as defined by the Greater Denton/Wise County Association of Realtors for Justin, Texas. The Airport Sponsor purchases the property at the appraised market value"as is"subject to airport noise. The CONSULTANT wit[obtain two (2) independent appraisals from an appraiser certified by the Uniform Standards of Professional Appraisal Practice (USPAP). 5.2 Sales Assurance Under sates assurance, the appraised market value of the homeowner's residence is guaranteed on a timely market sale; however,the airport does not acquire the property. A timely market sale shall be the average number of days on the market as defined by the Greater Denton/Wise County Association of Realtors for Justin, Texas. Should the property set[for less than the appraised value, the selling owner is compensated for the shortfall by the Airport Sponsor. Property is appraised at its current market value "as is"subject to airport noise. The property is listed and sold subject to the airport's avigation easement that is conveyed to the Airport Sponsor at the sale of the property. AFW Noise Mitigation scope of Services page 20 of 21 11 Scope of Services .oacobs• 5.3 Transaction Assistance Transaction assistance generally involves an agreement by the Airport Sponsor to pay certain costs associated with the sale of residential property. Allowable costs are generally limited to the real estate sales commission. The property is listed and sold subject to the airport's avigation easement that is conveyed to the Airport Sponsor at the sale of the property. 5.4 Purchase of Avigation Easements Avigation easement provide the Airport Sponsor with a limited form of control on surrounding properties. The CONSULTANT will offer to purchase an avigation easement from homeowners that do not qualify for sound insulation or decline any of the other mitigation strategies described in the Record of Decision. AFW Noise Mitigation Scope of Services Page 21 of 21 ATTACHMENT B - COMPENSATION Fort!North Alliance Airport Fee Proposal for Noise Mitigation Program - Phase 1 Date. 08/18/2020 Total Fee Proposal $ 3,340,572.92 Jacobs $ 1,052,308.38 THC $ 2,101,527.20 Landrum & Brown $ 186,737.35 Noise Mitigation of Residential Homes Impacted by Westside Development Jacobs Fee Proposal Date: 08/18/2020 JACOBS LABOR HOUR ESTIMATE Project Senior Project CARD Project Task Manager Architect Architect Tech Cordinator 1.0 Program Management 1.1 Work Plan 40 16 1.2 Monthly Status Report 32 68 1.3 Coordination Meetings 222 222 1.4 Program Budget 102 68 1.5 FAA Grant Management 48 48 1.6 Project Schedule 32 40 2.0 Homeowner Outreach and Orientation 2.1 Outreach for Rivers Edge Homeowners 24 24 2.2 Outreach for Woodland Springs Homeowners 24 24 3.0 Initial Eligibility Testing-Rivers Edge Subdivision 3.1 Initial Eligibility Testing 24 16 3.2 Post Construction Noise Testing 24 16 4.0 Sound Insulation Program 4.1 Program Management 4.1.1 Program Budget 140 575 4.1.2 Program Schedule 4.1.3 Customer Service 4.1.4 Program Office!Showroom and Warehouse 4.1.5 Warehouse and Product Inventory Management 4.1.6 Coordination Meetings 140 140 4.1.7 Program Records,Reports and Filing 370 4.1.8 Safety 4.1.9 Securif 4.1.10 Best Practices 4.1.11 Use of Approved Documents 40 4.1.12 Avi ation Easements Project Senior Project CADD Project Task Manager Architect Architect Tech Cordinator 4.2 Design Services 4.2.1 Design Coordination and Permitting 40 120 480 120 4.2.2 House Inspection Visit 4.2.3 Design Visit 60 270 270 4.2.4 Acoustical Treatment Design Package DLvelO ment 180 1200 1500 4.2.5 Homeowner Design Review Meeting 90 90 4.2.6 Bid Package Development 120 300 300 4.2.7 Pre-Bid Open House and Bidder[n uiries 0 240 4.2.8 Design Cost Estimating 0 180 4.2.9 Bid Opening,Bid Review and Contract Award 40 4.2.10 Homeowner Notification of Award 4.3 Construction Management Services 80 140 4.3.1 Construction Contractor Outreach 4.3.2 Construction Contractor Participation 4.3.3 Performance and Payment Bonds 4.3.4 Pre-Construction Activities 4.3.5 Pre-Construction Visits 4.3.6 Emergencies 4.3.7 Punch List Inspection 120 4.3.8 Coordination of Technical Inspection and Testing 4.3.9 Construction Dispute Management 4.3.10 Project Close Out 4.3.11 Warranty Repairs 5.0 Purchase Assurance 1 Sales Assurance 1 Transaction Assistance 5.1 Purchase Assurance-Allowance 80 5.2 Sales Assurance-Allowance 80 5.3 Transaction Assistance-Allowance 80 5.4 Purchase of Avi ation Easements- 80 Total Hours 1372 570 2880 1 2190 El767 Jacobs Fee Proposal LABOR COST Salary Rate Hours Salary Cost Project Manager $ 104.62 1372 $ 143,538.64 Senior Architect $ 76.42 570 $ 43,559.40 Project Architect $ 43.82 2880 $ 126,201.60 CADD Tech $ 41.50 2190 $ 90,885.00 Project Coordinator $ 40.58 1767 $ 71,704.86 Salary Cost $ 475,889.50 Overhead Rate @ 99.41% $ 473,081.75 Sub-Total $ 948,971.25 Profit @ 10.00% $ 94,897.13 Total Labor Cost $1,043,868.38 REIMBURSABLE EXPENSES Cost Amount Total Flights $ Lodging $ Meals & Incidentals (per month) $ 200.00 16 $ 3,200.00 PPE $ 500.00 Car Rental $ - Mileage .58 cents per mile x 40 miles per trip) $ 0.58 3000 $ 1,740.00 Reproduction/Presentation Materials $ 3,000.00 nla $ 3,000.00 Total Reiimbursables $ 8,440.00 TOTAL FEE $1,052,308.38 \� {f E) ; / 2ƒ — k; §7 It a v |§ , \\ §29 ? § /] 111010 m« � } I\( ;; a7; m, ( k / m m \ Q 2 5 )� ) v { \) / � > , § { ! / ! _ &/ / § ly § k ] 00 (§) [{-- Wow{ u \ §\ ; kJf 2 � 0 ;Amol. �7<] § §�� © 3)) /a) � � Ee § � a/ , �_ # I22, !«22 .=; ;f k (( k )// E\\ ` kEee0(L0co)}}/ | 5fE k § k \— � l-� {}) ■)) \3 /------ \ /§ )7 " " §a� co ] Q w o` m o ti F 7 a N N ¢¢ N 0 m F� � — o 0 V �N �+ 4 C¢ 0] W W fp E Q p S c c p � M1i O O� d U O c1 u ` @ o O O f0 0] 0 0 cq O w V V tl' W tl' (O �' 00 c � p� U `o r a b d' }'N r' Ol CA N N M N c� a U .N a ro o 00 N 4 y 0 oocn o 000 0000 w c o c v ItV' .- r 7Nr a vr<t cY v try r. m "- a a M a'�m w N to N co co co m m o m In _ E Q � � U N N � d •y N N � L o v tj d m Q � c u�cJ 9 0 c Y S Um .a _ cu a v v¢ mv`-'m m ac 10. cai N:o � E d .N�.��m m o Z-:5 za a p a 3 o a m... ❑Uc £ mcm:: <n `p_`p E'Sw �' o'2�a cm+ o � �� 5 C N - a N N V C e ti Nj N 7 V.c a d G Q L m O .07 mm'�m �m� a��dQS � aaoi �� �' E C C-p C C ¢ m F 1!!O (A ¢ 4 d Q S4 [A s a U U m�� c � N y U Q c C {p o O C dNy E w+ a �¢ ,an c a w c L o p m C C UaCNi.c��y-axy o¢� omao0.m aam oro rNc'Mt dKdI[aOUA d mCo ac) pN 2- NN m tMGEl M. UU w .w a o o p °00D- a-wm-IU a NM dh hWf-ODm Na a NV 'N INNV N N N N NV CN' + �MV(�7 MV Mc + 7 l' ctl O F vi F ZdZ UO THC Fee Proposal LABOR COST Salary Rate Hours Salary Cost Program Manager $ 53.84 1066 $ 57,393.44 On-site Project Manager $ 43.00 1362 $ 58,566.00 Construction Manager $ 49.60 1232 $ 61,107.20 Construction Inspector $ 35.00 1764 $ 61,740.00 Procurement/Construction Manager $ 44.00 1744 $ 76,736.00 Homeowner Agent $ 30.00 1140 $ 34,200.00 Financial Analyst $ 25.07 160 $ 4,011.20 IT Coordinator $ 26.45 40 $ 1,058.00 Admin Assistant $ 21.64 2501 $ 54,121.64 Warehouse Worker $ 25.00 1770 $ 44,250.00 Salary Cost $ 453,183.48 Overhead Rate @ 199.30% $ 903,194.68 Sub-Total $1,356,378.16 Profit 15.00% $ 203,456.72 Principal $ 285.00 174 $ 49,590.00 Total Labor Cost $1,559,834.88 Sub-consultants Rate Unit/hrs Total Woodbridge Technologies $ 125.00 12 $ 1,500.00 Title Firm $ 1,100.00 30 $ 33,000,00 Appraiser 1 $ 750.00 10 $ 7,500.00 Appraiser 2 $ 750.00 10 $ 7,500.00 Realtor $ 12,000.00 10 $ 120,000.00 $ Total Sub-consultants $ 169,500.00 REIMBURSABLE EXPENSES Cost Units Total Flights range 41 $ 16,300.00 Lodging $ 125.00 0 $ 28,500.00 Meals& Incidentals $60 per day) $ 60.00 0 $ 13,680,00 Car Rental $ 55.00 0 $ 12,210.00 Parking (airportparking) $ 10.00 96 $ 960.00 Travel Mileage-$.58 per mile(one way from SAT to AFW is 284 miles) $ 329.44 28 $ 9,224.32 Forklift/Charger Lease $ 775.00 12 $ 9,300.00 Supplies&Miscellaneous Equipment $ 150.00 13 $ 1,950.00 Repair and Maintenance of Equipment $ 50.00 S $ 400.00 Waste Disposal $ 150.00 13 $ 1,950.00 Fire Extinguisher Yearly Update $ 150.00 1 $ 150.00 Propane $ 20.00 10 $ 200.00 Office/Warehouse Rent $ 13,500.00 13 $ 175,500.00 Utilities $ 1,500.00 13 $ 19,500.00 Security System Monthly Monitoring $ 50.00 13 $ 650.00 Security Background Checks $ 60.00 50 $ 3,000.00 MonthlyT-1 Service, Local and LDTelephone $ 738.00 13 $ 9,594.00 Monthly mgt&support(per device,email,Dropbox, MS office 365) $ 510.00 13 $ 6,630.00 Telephone Service $ 168.00 13 $ 2,184.00 Internet Service $ 570.00 13 $ 7,410.00 Project Mileage $ 750.00 13 $ 9,750.00 Outside Reproduction/Printing $ 500,00 13 $ 6,500.00 Office Supplies $ 350.00 1 13 $ 4,550.00 Copier Lease $ 500.00 13 $ 6,500.00 Postage Machine-Rental $ 100.00 13 $ 1,300.00 Postage(includes Shipping) $ 150.00 12 $ 1,800.00 Lender Processing Fees $ 150.00 30 $ 4,500.00 Badging Machine and Supplies $ 1,000.00 1 $ 1,000.00 Products and Materials to Construct Showroom $ 15,000.00 1 $ 15,000.00 Products and Materials to Construct Warehouse Work Stations $ 2,000.00 1 $ 2,000.00 Total Relmbursables $ 372,192.32 TOTAL FEE $2,101,527.20 Noise Mitigation of Residential Homes Impacted by Westside Development Landrum&Brown Fee Proposal Dale: 0 811 81202 0 LANDRUM&BROWN LABOR HOUR ESTIMATE. Associate Senior Managing Senior Consultant Task VP Consultant Consultant 1.0 Program Management 1.1 Work Plan 1.2 Monthly Status Report 1.3 Coordination Meetings 24 1.4 Program Bud et 1.5 FAA Grant Management 1.6 Project Schedule 2.0 Homeowner Outreach and Orientation 2.1 Outreach for Rivers Edge Homeowners 56 2.2 Outreach for Woodland Springs Homeowners 3.0 Initial Eligibility Testing-Rivers Edge Subdivision 3.1 Initial Eligibility Testing 164 12 92 3.2 Post Construction Noise Testing 104 92 4.0 Sound Insulation Program 4.1 Program Management 16 8 4.1.1 Program Budget 4.1.2 Program Schedule 4.1.3 Customer Service 4.1.4 Program Office 1 Showroom and Warehouse 4.1.5 Warehouse and Product Inventory Management 4.1.6 Coordination Meetings 4.1.7 Program Records,Reports and Filing 4.1.8 Safety 4.1.9 Security 4.1.10 Best Practices 4.1.11 Use ofApproved Documents 4.1.12 Avi ation Easements Associate Senior Managing Senior Consultant Task VP Consultant Consultant 4.2 Design Services 4.2.1 Design Coordination and Permitting 4.2.2 House Inspection Visit 4.2.3 Design Visit 4.2.4 Acoustical Treatment Design Package Development 56 60 4.2.5 Homeowner Design Review Meeting 4.2.6 Bid Package Development 4.2.7 Pre-Bid Open House and Bidder Inquiries 4.2.8 Design Cost Estimating 4.2.9 Bid Opening, Bid Review and Contract Award 4.2.10 Homeowner Notification of Award 4.3 Construction Management Services 4.3.1 Construction Contractor Outreach 4.3.2 Construction Contractor Participation 4.3.3 Performance and Payment Bonds 4.3.4 Pre-Construction Activities 4.3.5 Pre-Construction Visits 4.3.6 Emergencies 4.3.7 Punch List Inspection 4.3.8 Coordination of Technical Inspection and Testing 4.3.9 Construction Dispute Management 4.3.10 Project Close Out 4.3.11 Warranty Repairs 5.0 Purchase Assurance 1 Sales Assurance 1 Transaction Assistance 5.1 Purchase Assurance 5.2 Sales Assurance 5.3 Transaction Assistance Total Hours 420 12 252 0 Landrum & Brown Fee Estimate LABOR COST Salary Rate Hours Salary Cost Associate VP $ 86.54 420 $ 36,346.80 Senior Managing Consultant $ 87.02 12 $ 1,044.24 Senior Consultant $ 56.25 252 $ 14,175.00 Consultant $ - Analyst $ - Project Administrator $ - Salary Cost $ 51,566.04 Overhead Rate @ 193.00% $ 99,522.46 Sub-Total $ 151,088.50 Profit @ 10.00% $ 15,108.85 Total Labor Cast $ 166,197.35 REIMBURSABLE EXPENSES Cost Amount Total Flights $ 800.00 6 $ 4,800.00 Lodging $ 175.00 34 $ 5,950.00 Meals & Incidentals per trip $ 60.00 34 $ 2,640.00 Car Rental $ 75.00 34 $ 2,550.00 SLM LD824/ per day $ 100.00 10 $ 1,000.00 SIL System 1 per day $ 100.00 10 $ 1,000.00 Shipping per trip $ 500.00 4 $ 2,000.00 Miscellanenous per trip {gas, parking, tolls, taxi $ 100.00 6 $ 600.00 Total Reirnbursables $ 20,540.00 TOTAL FEE _ __ -$ 186,737.35_ ATTACHMENT C Amendments to Standard Agreement for Engineering Related Professional Services r._ i f S If wd Sw o I UJ R a N Z °I z�°' ■ i y + + 3 x NOl Io H c c c c c c c c c c c H l a -a a E l Y R E? n n w w u a u '" - 3 v 3 E y ., ., _ a - 'M° w �. E o x{X D a d a "' �'.�lt � 14 � F' � A' i* ■ 1� M4lfi1° i' �; 1p �' `° I*I M` 1' � �� � 1' ■ i' � i4 ■ 1Y' M' 1" �' A' � � 1m N m Im m i g 8 P -u" m� k� 3 a l i s�— N�+, w a" o I - ow o � I Z w � yEy� i Z S — 3 3 � I a s je IE � _ _ _ _ ~ D " d 4 c a H m z x 3 3 E >g E = " L VF E r Y oCi oR° m O Ig t- Y a u° i r° m m r_ f,* 1° i* 1' 1* ve999r 0f' 1' 1` i* 1* IE �f Q 1 a �; � Is jA_N Ir I. �� m �,� ��1�Iv�� F � f � ` ■ � , ■ : �� ■ � � a - � � � � , 2 ■ . � � � -a . ( • y { � \ \ \� �\ ` � / ¥ 4' h.Q. . ' m, j- / / £ « 2% _ . ��[ r q . . � � dp1 � . � ■ � �. \ `ƒ� � . �■ � s� �2 / _ � � . DNL 65 Without Project rdL ,DNL 76 Without Project - , 'NL 65 With Project , 4L 70 Nth Project , y � - ' • Project � .� . � � �. .0 ATTACHMENT F VERIFICATION OF SIGNATURE AUTHORITY FORM Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Position: Signature Name: Position: Signature Name: Scott Bussell Signature of I r irlo.,+ CE-7 Other Title: Vice President Company: Jacobs En ineerin_q Group Inc. Date: -August 20 2020 ATTACHMENT G - SAMPLE NOTICE TO PROCEED FoRTWORTH. Date: NOTICE TO PROCEED Engineer Address Phone: (xxx) >=-xxxx Project Name: To whom it may concern: Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the phase of the noise mitigation project on _(date)_. Prior to commencing work, it will be necessary for you to contact , who is in charge of this portion of the project, and make arrangement with him to inspect the project moving forward from this point. He may be contacted at (XXX) XXX-XXXX. Sincerely, CITY SECRETARY'S OFFICE The City of Fort Worth *200 Texas Street*31 Moor*Fort Worth,Texas 76102 Phone 917-392-8184*Fax 817-392-6196 M&C Review 10/6/2020 7:57:29 AM Official site of the City of Fort Worth,Texas 0TV COUNCR AGrHOA Fo DATE: 9/15/2020 REFERENCE **M&C 20- LOG NAME: 55AFW NOISE MITIGATION NO.: 0667 EFFORTS AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize the Execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc., in the Amount of$3,340,573.00 for Engineering Related Services for Part 150 Noise Mitigation Efforts at Fort Worth Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering services agreement with Jacobs Engineering Group, Inc. in the amount of$3,340,573.00 for engineering related services for Part 150 Noise Mitigation Efforts at Fort Worth Alliance Airport (City Project No. 102901). DISCUSSION: The Aviation Department is seeking Council approval to authorize the execution of an engineering services agreement with Jacobs Engineering Group, Inc. (Jacobs) in the amount of$3,340,573.00 for engineering related services for Part 150 Noise Mitigation Efforts at Fort Worth Alliance Airport (Airport). On June 5, 2018, (M&C C-28706) the City Council authorized the execution of City Secretary Contract 50892 with CP&Y, Inc. (CP&Y) for professional consulting services to perform the Environmental Assessment (EA) of the Taxiway Papa Extension Project at the Airport. Upon completion of the EA, the Federal Aviation Administration (FAA), along with the National Environmental Protection Agency (NEPA) issued a Record of Decision (ROD) indicating that due to a projected increase in aircraft activity at the Airport in coming years resulting from Amazon Air announcing their new regional hub facility at the Airport, the Airport is required to provide notice to the homeowners in the Rivers Edge and the Woodland Springs subdivisions no later than September 30, 2019 of potential noise impacts. This date was later extended to January 31, 2020, and the homeowners were notified January 29, 2020. The Rivers Edge subdivision is located approximately two miles north of the Airport; the Woodland Springs subdivision is located approximately one and three quarter miles southeast of the Airport. As a result of this ROD imposed by the FAA, noise mitigation efforts must be completed by December 31, 2024. The FAA issued an $8,000,000.00 grant in FY 2019 (City Secretary Contract No.52726) to begin assessing noise mitigation efforts, which includes a more in-depth study of the homes that are depicted to fall within the 2025 Noise Projection Contours (see attached map) and are modeled in the EA. If the results of this study determine the existing homes do not require additional noise mitigation efforts, the remaining unused funds will be returned to the FAA. On April 15, 2020 and April 22, 2020, a Request for Qualifications (RFQ) was advertised in the Fort Worth Star Telegram for"Engineering Services for the City of Fort Worth Alliance Airport," and the Part 150 Noise Mitigation Efforts project was included in this RFQ_ On May 8, 2020, two statements of qualifications were received, and after analyzing the submitted proposals in accordance with the City of Fort Worth (City) procedures, Jacobs was selected as the consultant. Since no City salaries will be charged to this grant, indirect cost recovery does not apply. A waiver of the goal for MBE/SBE subcontracting requirements was requested by the department and approved by the Office of Business Diversity, in accordance with the MWBE or BIDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7. Page 1 of 2 M&C Review 10/6/2020 7:57:29 AM FISCAL. INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Municipal Airport Grants Federal Fund for the AFW Noise Mitigation Grant 201 Project to support the approval of the above recommendation and execution of the agreement. The Aviation Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. 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 I ID ID Year Chartfield 2 FROM _ Fund Department Account I Project I ctivity Budget Reference # Amount ID ID Year (Chartfield 21 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Tyler Dale (5416) ATTACHMENTS 55AFW NOISE MITIGATION EFFORTS AGREEMENT Availability_of Funds.docx 55AFW NOISE MITIGATION EFFORTS AGREEMENT Map.pdf Page 2 of 2